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HomeMy WebLinkAbout5.301 Original Contract 5. 2lJ I CITY OF PORT ANGELES 321 EAST FIFTH ST.. POBOX 1150 PORT ANGELES. WASHINGTON 98362 PHONE (206) 457-0411 September 24, 1992, Ms. Carla J. Elofson, Chairperson Lower Elwha S'Klallam Tribe 1666 Lower Elwha Road Port Angeles, W A 98362 Re: Agreement Between the City of Port Angeles and the Lower Elwha S' Klallam Tribe Regarding Ediz Hook .' Dear Ms. Elofson: Attached for your file is a fully executed copy of the agreement between the City of Port Angeles and the Lower Elwha S 'Klallam Tribe regarding Ediz Hook. As referenced on Pages 2 and 3 of the agreement, also attached are the following ordinances, as codified in the Port Angeles Municipal Code: A. Construction Codes, Chapter 14.01, 14.03, 14.05, and 14.21 PAMC. B. Off-Street Parking, Chapter 14.40 PAMC. C. Zoning, Title 17 PAMC D. Environment, Title 15 PAMC E. Fireworks, Chapter 5.32 PAMC F. Nuisances, Chapter 8.04 PAMC Please contact me if I can be of any further assistance. Sincerely yours, fu&~ JJp1:cr^- Becky J. u~on \j City Clerk Attachments . .' ..... " 1".....,..~' f. :', i ' 5.301 . . AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND THE LOWER ELWHA S 'KLALLAM TRIBE REGARDING EDIZ HOOK THIS AGREEMENT dated August 11, 1992, is executed between the CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter "City") and the LOWER ELWHA S 'KLALLAM TRIBE, a federally recognized Indian Tribal government (hereinafter "Tribe") in order to achieve mutual goals and to provide a framework for the relationship between the parties regarding the use of Ediz Hook, Clallam County, State of Washington. RECITALS 1. In the event that the proposed Elwha River Ecosystem and Fisheries Restoration Act (hereinafter "EREFRA") becomes federal law, each party will be a lessee of portions of federal land on Ediz Hook within the boundaries of the City for a term of ninety- nine (99) years beginning January 1, 1994. 2. The lease to the Tribe will be issued pursuant to the Act of June 14, 1926, as amended (43 U.S.C. 869) and EREFRA; will be for the purpose of constructing and operating a Tribal cultural facility, such as a longhouse or a museum, and associated interpretative and parking facilities; and will encompass: That parcel of land on Ediz Hook, Clallam County, washington, lying south of the existing roadway and extending southward to the southern boundary of the land currently leased to the City of Port Angeles (Lease #DOT-CG13-4811-72, dated April 4, 1972, as amended) and beginning at the North-South line 200 feet east of the western boundary of Outlot 6 and running easterly 600 feet to the North- South line 300 feet west of the eastern boundary of Outlot 6. 1 , " . ,- .,r . ~~. . ., 3. The lease to the City will also be issued pursuant to the Act of June 14, 1926, (43 U.S.C. 869), and EREFRA and will encompass Outlots 4, 5, and 6, except that portion of Outlot 6 leased to the Tribe as described in Recital #2, and a portion of Outlot 7. 4. Both lessees will be subject to the general terms and conditions set out in the lease agreements with the united states. Following negotiations with representatives of the united states, the Tribe agreed to the following additional lease conditions: A. the public shall have access to the beach along the south side of the parcel at all times; B. the City shall have the right to construct and maintain a waterfront trail adjacent to the existing roadway along the north side of the parcel; and C. parking facilities on the parcel shall be open to the public at all times. AGREEMENTS If the proposed Elwha River Ecosystem and Fisheries Restoration Act becomes federal law, the undertakings and understandings between the parties regarding use of their respective leasehold interests shall be as follows: 1. In the interest of compatible and coordinated use of adjacent lands within the exterior boundaries of the City of Port Angeles, the Tribe agrees to exercise its leasehold interest in compliance with the following ordinances, as codified in the Port 2 ". ~ 1 ~ .1 t v :~.. ! . ~ Angeles Municipal Code on the date this Agreement is signed, true and correct copies of which are attached and incorporated herein, to the extent that these ordinances do not defeat or are not inconsistent with the construction and operation of a cultural facility, such as a museum or longhouse: A. Construction Codes, Chapter 14.01, 14.03, 14.05, and 14.21 PAMC. B. Off-street parking, Chapter 14.40 PAMC. C. zoning, Title 17 PAMC. D. Environment, Title 15 PAMC. E. Fireworks, Chapter 5.32 PAMC. F. Nuisances, Chapter 8.04 PAMC. 2. The Tribe agrees to comply with amendments to the ordinances described above, as well as with new generally applicable ordinances which may be adopted by the City Council in the future, only to the extent that the City, Tribe, and Secretary of the Interior agree that such ordinances or amendments should be applicable to the Tribe's lease of federal land on Ediz Hook. 3. The Tribe agrees to comply with the lease conditions set forth in Recital #4. 4. The city agrees to provide utility services to the property leased by the Tribe to the extent such services are available through existing infrastructure, or infrastructure which the city may construct in the future, provided that in receiving such utility services the Tribe shall be subject to, and comply with, City ordinances regulating the City's public utility services 3 , .... " '. '10 . ,-!-,"'~. r . "",.'fl, oj , , ' . ,. as set forth in Title 13 PAMC as well as the duly adopted policies of the Public Works and Light Department and all future amendments to such ordinances and policies. 5. The City agrees that parking on its parcel will be available to users of the Tribe's parcel at all times and that City fire, ambulance and other public safety services will be extended in accordance with City ordinances and policies. 6. Both parties agree to work cooperatively to resolve any questions which may arise under this Agreement. 7 . This Agreement and the leases with the united states comprise the entire agreement between the parties. Both parties agree that this Agreement cannot be changed, modified, or amended in any respect except by written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. This Agreement is valid if signed in counterpart. CITY OF PORT LOWER ELWHA S'KLALLAM TRIBE By ~ Carla J. Elof ~ Chairperson A TEST: ~O(1~. LJpm~ Becky J. pto, City Cler ~9B~ Vice-Chairperson 4 ? \, . , , Sections: 5.32.010 5.32.020 5.32.040 5.32.050 5.32.060 5.32.070 5.32.080 5.32.090 5.32.010 - 5.32.050 Chapter 5.32 FIREWORKS Purpose. Limitations on Possession, Sales or Discharge of Fireworks. Sale of Fireworks - Permit Required. Permit - Application Requirements and Required Information. Permit - Number Limited. Sale of Fireworks - Requirements. Dates When Use Permitted. Temporary Stand - Location - Construction. 5.32.010 Purpose. It is the purpose of this Chapter to regulate the possession, sale and discharge of safe and sane fireworks within the City, in accordance with the provisions of Ch. 70.77 RCW as now enacted or hereafter amended. (Ord. 2050 Ch. 8 ~ 1, 1-1-80.) 5.32.020 Limitations on Possession. Sales or Discharge of Fireworks. It shall be unlawful for any person to possess, sell or discharge any fireworks within the City other than those permitted by this Chapter. Fireworks per- mitted by this Chapter are those defined as "common fireworks" by RCW 70.77.136, except that type known as "jumping Jacks" which are specifically pro- hibited. (Ord. 2639 ~ 1, 6-18-92.) 5.32.040 Sale of Fireworks - Permit Required. It is unlawful for any person, firm or corporation to engage in the retail sale of fireworks within the City without first having obtained a permit for such purpose. (Ord. 2221 ~ 1, 6-28-82; Ord. 2050 Ch. 8 ~4, 1-1-80.) 5.32.050 Permit - Application Requirements and Required Information. An application for a permit to engage in retail sales of fireworks within the City limits shall be made to the City Clerk, and submitted at least ten days prior to the requested effective date of the permit. No permit application may be sub- mitted prior to January 1st of the year for which the permit is requested. In addition to all information required of an applicant for a business license, the application for a fireworks permit must be accompanied by: A. A valid license issued by the State Fire Marshal pursuant to Chap- ter 70.77 RCW, authorizing the permittee to engage in the retail sale of fireworks; B. A fee of ten dollars, which is established as the fee for a permit issued solely for the purpose of allowing the retail sale of fireworks; 5-17 2-92 5.32.050 - 5.32.090 ~ ....1. . C. A public liability and property damage insurance policy from an insurance company licensed to do business in this State, in the sum of at least three hundred thousand dollars for bodily injury or death suffered by one or more persons in any accident or occurrence, and at least one hundred thousand dollars for property damage. The insurance policies must name the City as an additional insured, to indemnify the City from damage or injury caused by the operation of retail fireworks stands; D. A performance bond, note or cash deposit in an amount not less than one hundred dollars, conditioned upon the prompt removal and cleanup of all debris, material, etc., from the site from which fireworks are sold, which bond or deposit shall be returned to the applicant by the City if the application for a fireworks permit is denied. E. In the event the permit is issued, the bond or deposit shall be returned to the applicant only if the stand from which the fireworks are sold is removed and the site cleared of all debris to the satisfaction of the proper official of the City. In the event of the applicant's failure to do so, the performance bond or cash deposit shall be forfeited to the City. The per- formance bond or cash deposit shall also be forfeited to the City if the requirements of this subsection are not complied with by July 10th of each year. (Ord. 2221 ~2, 6-28-82; Ord. 2050 Ch. 8 ~5, 1-1-80.) 5.32.060 Permit - Number Limited. No person, firm or corporation shall receive more than one permit for the sale of common fireworks within the City during anyone calendar year. A permit granted pursuant to this Chapter shall entitle the permittee to maintain two retail outlets for the sale of common fireworks within the City. (Ord. 2221 ~3, 6-28-82; Ord. 2136 ~ 1, 5-3-81; Ord. 2050 Ch. 8 ~6, 1-1-80.) 5.32.070 Sale of Fireworks - Requirements. The sale of fireworks shall only be permitted in accordance with this Chapter and the requirements of Chapter 70.77 RCW, as now enacted or hereafter amended; provided that no fireworks shall be sold to any person under sixteen (16) years of age; and further provided that no fireworks shall be sold after nine o'clock P.M. on the 4th day of July of each year, except as provided in RCW 70.77.311. (Ord.2639 ~2, 6-18-92; Ord. 2537 ~ 1, 6-20-90; Ord. 2221 ~4, 6-28-82; Ord. 2050 Ch. 8 ~7, 1-1-80.) 5.32.080 Dates When Use Permitted. No person, firm or corporation shall use or explode any fireworks within the City except from 9:00 A.M. to 11:00 P.M. on the Fourth day of July of any year; provided, that this prohibition shall not apply to duly authorized public displays, where the same are auth- orized pursuant to the laws of the State. (Ord. 2537 ~2, 6-20-90; Ord. 2050 Ch. 8 ~8, 1-1-80.) 5.32.090 Temporary Stand - Location - Construction. The sale of fire- works as authorized in this Chapter shall be from temporary fireworks stands 5-18 2-92 J . 5.32.090 - 5.36.010 only, which shall be constructed and operated in accordance with the following regulations: A. Temporary stands shall be located only in the CAD, CAD-R and CBD zones as set forth in Ordinance No. 1709 on file in the office of the City Clerk, as now existing or hereafter amended, and as shown on the Official Zoning Map of the City. B. Temporary fireworks stands need not comply with all of the pro- visions of the Building Code; provided, however, all such temporary fireworks stands shall be erected under the supervision of the Fire Chief and Building Official of the City, or their duly authorized representatives, who shall require all temporary fireworks stands to be constructed in a safe manner. In the event any temporary fireworks stand is wired for electricity, such wiring shall conform to the State Electrical Code and the Electrical Code of the City, and shall be limited to the provisions of adequate lighting only. No part of a temporary fireworks stand shall be less than twenty fee from an adjoining building. (Ord. 2050 Ch. 8 ~9, 1-1-80.) Sections: 5.36.010 5.36.020 5.36.030 5.36.040 5.36.050 5.36.060 5.36.070 5.36.080 5.36.090 5.36.100 5.36.110 5.36.120 5.36.130 5.36.140 5.36.150 5.36.160 5.36.170 5.36.180 5.36.190 5.36.200 Chapter 5.36 FOR-HIRE VEHICLES Definitions. Number Restriction. License - Required. License - Application - Required Information. License - Application - Inspection of Vehicles. Equipment. License - Issuance. Operation Regulations. Driver's License - Qualifications. Driver's License - Application - Information Required. Driver's License - Application - Police Endorsement. Driver's License - Fee. Driver's License - Exhibition Required. Driver's License - Temporary. Driver's License - Nontransferable. Fare - Filing - Posting Required. Fare - Overcharge. Fare - Refusal to Pay. Fare - Schedule Change. Insurance Requirement. 5.36.010 Definitions. The following definitions shall apply to the provisions of this Chapter: 5-19 2-92 Chapters: 8.04 8.05 8.08 8.24 8.36 8.40 Sections: 8.04.010 8.04.020 8.04.030 8.04.040 8.04.050 8.04.060 8.04.070 8.04.080 8.04.010 - 8.04.020 Title 8 HEALTH AND SANITATION Nuisances Abatement of Junk Vehicles Food and Food Establishments Disposal of Dead Animals Medic I Program Tattooing Chapter 8.04 NUISANCES Purpose. Definitions. Types of Nuisances. Prohibited Conduct. Enforcement - Request - Resolution. Abatement - Suit. Immediate Danger - Summary Abatement. Penalties. 8.04.010 Purpose. The purpose of this Chapter is to exercise the police power in relation to public nuisances and the abatement of such nuisances, to protect the public health, safety and welfare, and to promote the economic development of the City. It is also the purpose of this Chapter to prevent and prohibit those conditions which reduce the value of private property, interfere with the enjoyment of public and private property, create and constitute fire and other safety and health hazards, and generally create a menace to the health and welfare of the public and contribute to the degradation of the character of neighborhoods and depreciation of property values. It is necessary for the public health, safety and welfare to regulate, prevent and prohibit conditions which may constitute disorderly, disturbing, unsafe, unsanitary, fly- producing, rat-harboring, and/or disease-causing places, conditions, or objects. It is also necessary for the public social and economic welfare to regulate, prevent, and prohibit conditions which degrade the City's scenic attractiveness and liveability and its economic development. (Ord. 2469 ~ 1, 1-22-88.) 8.04.020 Definitions. The words and phrases used in this Chapter, unless the context otherwise indicates, shall have the following meanings: A. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means, in such a manner and to such 8-1 8-92 8.04.020 - 8.04.030 an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community. B. "Disposable Package or Container" means all packages or containers defined as such by rules and regulations adopted by the State of Washington Department of Ecology. C. "Enforcement Officer" means the City Manager or any City official or employee designated by him. D. "Junk" includes the storage of all old appliances, equipment, or parts thereof, all old iron or other scrap metal, automobile tires, cardboard, old lumber, old wood and mattresses, which items are not being used for their intended purpose, and does not include orderly stacked firewood. E. "Litter" means and includes all waste material, including but not limited to disposable packages or containers thrown or deposited on public or private property, including the depositing on public property or cars of handbills, but not including the waste of primary process of mining, logging, sawmilling, farming, or manufacturing. F. "Premises" means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. G. "Refuse" means vegetable offal, animal offal, discarded food, cans, bottles, waste paper, large tree limbs and all other waste substances from private and public establishments and from residences; but shall not include small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns and gardens. H. "Responsible Person" means any agent, lessee, owner or other person occupying or having charge or control of any premises. I. "Weed", "vegetable growth" and "horticultural growth" mean and include but are not limited to trees, plants, shrubs, bushes, flowers, garden vegetables and grasses and further include all growths of every kind and character, whether domestic or wild, causing the obstruction or interference or detriment prohibited by this Chapter. (Ord. 2698 ~ 1, 7-31-92; Ord. 2469 ~ 1, 1-22-88.) 8.04.030 Types of Nuisances. Each of the following places, conditions, or things is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises the officer may require or provide for the abatement thereof pursuant to this Chapter: A. The growing, maintaining, permitting or allowing of any weed, vegetable or horticultural growth which either: 1. Overhangs, encroaches upon, obstructs or in any manner interferes with the full and free use by the public of any street, sidewalk or sidewalk area upon which such property so owned or occupied abuts; or 2. Has grown and died upon any premises owned, occupied or in control of the responsible person or persons and which constitutes a detriment to the public health, safety or welfare, including but not limited to a fire hazard; or 8-2 8-92 8.04.030 - 8.04.050 3. Is so overgrown upon any premises owned, occupied or in control of the responsible person or persons, as to cause the degradation of the character of the neighborhood, and for which a general rule of thumb shall be an average length of 12" or more. B. The existence of any junk, litter, or refuse within the City when written complaint from two or more City residents who are impacted by the present or potential effect of the condition on them or their property, has been received by the City unless such materials are kept or stored in an orderly and sightly manner and so as not to create a fire, safety, health or sanitary hazard. C. The depositing, leaving or throwing away of any junk, litter or refuse within the City for an unreasonable length of time beyond what is necessary for proper disposal, which length of time shall be not less than thirty (30) days, except at the City Landfill or in coyered containers or receptacles acceptable to the enforcement officer of the City. D. The causing or permitting to be discharged, placed or thrown, or the throwing into, or upon any premises or any public street or alley of any nauseous, foul or putrid liquor or substance, or any liquid or substance likely to become nauseous, foul, offensive or putrid. E. The maintaining, permitting or existence of any unsightly and unsafe, partially destroyed building or structure, that has not been repaired or removed within a reasonable period, and which period shall be not less than sixty (60) days and not more than one (1) year. (Ord. 2469 ~ 1, 1-22-88.) 8.04.040 Prohibited Conduct. A. It shall be unlawful for any responsible person(s) to create, permit, maintain, suffer, carry on or allow, upon their premises, any of the acts or things declared by this Chapter to be a public nuisance. B. It shall be unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this Chapter to be a public nuisance. (Ord. 2469 ~ 1, 1-22-88.) 8.04.050 Enforcement - Request - Resolution. The enforcement officer, having knowledge of any public nuisance, shall cause the responsible person or persons to be notified of the existence of a public nuisance on any premises and shall request such person(s) to abate the condition within a designated reasonable period. Upon the failure of such person(s) to abate the public nuisance, the enforcement officer shall give written notice to said person(s) that the City Council will consider initiating formal abatement proceedings. The written notice shall be given not less than five (5) days before the meeting of the City Council at which the initiation of formal abatement proceedings is considered and at which the responsible person(s) and the public shall have the opportunity to be heard. Upon determining that a public nuisance exists which requires abatement, the Council shall adopt a resolution requiring the responsible person or persons to abate such condition. The resolution shall provide that in the event of the failure of such person(s) to abate the public nuisance within ten (10) days from the date of the resolution, the same shall 8-3 4-92 8.04.050 - 8.04.070 be abated by the City, and the costs to the City shall become a charge collectible by any legally available means against the responsible person or persons. In the case that the owner leases or rents the premises to another responsible person or persons, such owner may request at the public hearing, and the Council may include in the resolution, an extended abatement period for such owner to be effective if the tenant fails to accomplish abatement within the ten-day period, which extended abatement period shall allow the owner to pursue unlawful detainer proceedings, and shall not exceed ninety (90) days. Any legal action challenging the Council's abatement resolution shall be brought in Clallam County Superior Court within ten (10) days of the date of the resolution. In the case that the responsible person, or one of the responsible persons, is the owner, the charge shall be a lien against the property. The City shall, within thirty days after completion of the abatement work, file or record with the County Auditor a claim for lien for the costs of removal and disposal, which shall be in substance in accordance with the provisions covering mechanics' liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. (Ord. 2698 ~ 1, 7-31-92; Ord. 2469 ~ 1, 1-22-88.) 8.04.060 Abatement - Suit. Whenever a public nuisance exists, as determined by Resolution of the City Council pursuant to P AMC 8.04.050, the City may proceed by a suit in the Clallam County Superior Court to enjoin and abate it in the manner provided by Chapter 7.48 RCW as amended; or it may elect to enforce the provisions of this Chapter by complaint, citation and/or warrant in Clallam County District Court. Whenever, in any action brought in the Superior Court, it is established that a nuisance exists as defined in this Chapter, the Court shall, together with the civil fine or penalty imposed, if any, enter an order of abatement as a part of the judgment in the case, which order shall direct either: A. That the nuisance be abated or removed by the defendant within the time limited by the Court, and not exceeding thirty (30) days; or B. That the nuisance may be abated by the City at the cost of the defendant, in which case the Court shall inquire into and estimate as nearly as may be the sum necessary to defray the expense of the abatement, and assess and enter it as part of the penalty imposed, and the sum shall be a part of the judgment in the case, and shall be collected and enforced in the same manner that fines and costs are by law collected and enforced and as provided in RCW 7.48.280 as amended. (Ord. 2469 ~ 1, 1-22-88.) 8.04.070 Immediate Danger - Summary Abatement. Whenever any condition or use of the premises causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, and the responsible person(s) cannot be contacted or refuse(s) to immediately abate the condition, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement may become a civil debt 8-4 8-92 8.04.070 - 8.05.020 against the owner or the responsible person and shall be collectible in the same manner as any other civil debt owing to the City or as otherwise provided in this Chapter. (Ord. 2469 ~ 1, 1-22-88.) 8.04.080 Penalties. In addition to the costs of abatement, any person violating any portiones) of this Chapter shall be deemed to have committed a civil infraction commencing upon the date that the enforcement officer or the City Council had specified for completion of abatement, whichever date is later, and shall be fined not less than $250 per violation, the first $25'0 of which shall not be suspended or deferred. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2469 ~ 1, 1-22-88.) Chapter 8.05 Sections: 8.05.010 8.05.020 8.05.030 8.05.040 8.05.050 ABATEMENT OF JUNK VEHICLES Purpose. Definitions. Exemptions. Abatement and Removal. Violation - Penalty. 8.05.010 Purpose. The purpose of this Chapter is to preserve the character and safety of the City's neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. (Ord. 2698 ~ 1 (part), 7-31-92.) 8.05.020 Definitions. For the purpose of this Chapter, the following words shall have the following meaning: A "Junk Vehicle" means any vehicle substantially meeting all of the following requirements: (RCW 46.545.010(4)) 1. is three years old or older; 2. is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield or missing wheels, tires, motor or transmission; 3. is apparently inoperable; 4. is without a valid, current registration plate; 5. has an approximate fair market value equal only to the approximate value of the scrap in it. B. "Enforcement Officer" means the City Manager or any City official or employee designated by him. C. "Landowner" means an owner of private property or a person in possession or control of private property. (Ord. 2698 ~2 (part), 7-31-92.) 8-4.1 8-92 Chapters: 14.01 14.03 14.05 14.21 14.22 14.24 14.26 14.28 14.32 14.36 14.40 Sections: 14.01. 010 Title 14 BUILDINGS AND CONSTRUCTION Construction Codes Buildinq Code Electrical Code Fire Code Fire Alarms Fire Zones Automatic Fire Sprinkler Systems Radio and Television Antenna Movinq Buildinqs Siqn Code Off-Street Parking CHAPTER 14.01 CONSTRUCTION CODES 14.01.010 Construction Codes Defined. 14.01.020 Purpose and POlicy. 14.01.030 Copy of Construction Codes on File. 14.01.040 Vested Rights. 14.01.050 Construction Near City utilities and Easements. 14.01.060 Enforcement Authority. 14.01.070 Right of Entry. 14.01.080 Inspection of Concealed Work. 14.01.090 Appeals. 14.01.100 Violations and Penalties. 14.01.110 Liability for Injury or Damage. 14.01.010 Construction Codes Defined. Building construction within the City of Port Angeles shall be governed by the following listed codes, laws, and ordinances, as adopted and amended in Title 14 PAMC, which shall be collectively known as the construction codes of the City of Port Angeles: A. The Uniform Building Code; B. The Uniform Mechanical Code; C. The Uniform Fire Code; D. The Uniform Plumbing Code; E. The Washington State Regulations for Barrier Free Facilities; F. The Washington State Energy Code; G. The Uniform Sign Code; H. The Uniform Code for the Abatement of Dangerous Buildings; I. The National Electrical Code and the State Electrical Laws; 14-1 8-91 14.01. 010 - 14.01. 060 J. Stand-Alone Construction Ordinances, as adopted by the Port Angeles city Council and as approved by the Washington state Building Code Council when required by State law. (Ord. 2552 ~1, 10-25-89.) 14.01.020 Purpose and Policv. The construction codes of the City of Port Angeles are enacted as an exercise of the City's pOlice power for the protection of the health, safety, and welfare of the general public. The provisions of said codes shall constitute minimum standards and are not intended, and should not be regarded as, instruction manuals for untrained persons. It is the policy of the City of Port Angeles that the regulation of construction wi thin the City be admin- istered and enforced as uniformly and as efficiently as the public interest, as well as the interests of property owners, contractors, developers, and the citizenry in general, will allow. (Ord. 2552 ~1, 10-25-89.) 14.01.030 Copv of Construction Codes on File. One copy of each construction code of the Ci ty of Port Angeles shall be on file with the City Clerk and will be available for public review. (Ord. 2552 ~1, 10-25-89.) 14.01.040 Vested Riqhts. Any work for which a permit application is submitted to the City pursuant to this Title will be reviewed in accordance with the laws and regulations which were in effect when the City received the application. (Ord. 2552 ~1, 10-25-89.) 14.01.050 Construction Near Ci tv utilities and Easements. No new construction or remodeling of existing structures shall encroach upon or interfere with City utilities or easements, either above or below the ground, nor shall such construction violate applicable construc- tion codes. Any cost incurred by the City in modifying or relocating utilities brought about by such construc- tion, except for an increase in service, shall be payable to the City by the owner of the property on which such construction takes place. (Ord. 2552 ~1, 10-25-89.) 14.01.060 Enforcement Authority. The construction codes of the City of Port Angeles shall be administered and enforced by the City Manager and the City officials and employees appointed and designed by him pursuant to Title 35A RCW, including but not limited to all commis- sioned Police Officers of the Port Angeles Police Department, and by those City officials and employees as are specifically designated in said construction codes. All such officials and employees shall be known as "enforcement officers" and shall have the authority to issue citations and perform all other necessary admin- istration and enforcement actions as provided in said construction codes and in Title 14 PAMC. (Ord. 2552 ~1, 10-25-89.) 14-2 8-90 14.01. 070 14.01. 090 14.01. 070 Riaht of Entrv. The right of enforcement officers to enter any premises shall be governed by Chapter 1.20 PAMC and by state and Federal law. (Ord. 2552 ~1, 10-25-89. ) 14.01.080 Inspection of Concealed Work. In the event that any work is covered or concealed before being inspected as required by the construction codes of the City of Port Angeles, an enforcement officer may order the removal of that portion of the building as is necessary to permit inspection of the work, and neither the City nor the enforcement officer shall in any way be held liable for the removal or replacement of such portion of the building. (Ord. 2552 ~1, 10-25-89.) 14.01.090 Appeals. A. Appealable Issues. This Section shall govern appeals of orders, decisions, or determinations, made by the Building Official, Fire Chief, Electrical Inspector, their designees, or any enforcement officer as defined in PAMC 14.01.060, regarding the suitability of alter- native materials and methods of construction and the application and interpretation of the construction codes of the City of Port Angeles and any other building regulations or codes as may be designated by ordinance. B. Construction Code Board of Appeals. Appeals of issues set forth in PAMC 14.01.090 shall be heard by the Construction Code Board of Appeals (Board). The Board shall consist of five members appointed by the City Council, all of whom shall serve without compensation, and who shall be qualified by experience and training to pass upon the matters set forth in PAMC 14.01.090. All present members of the Building Code Board of Appeals are hereby confirmed as members of the Construction Code Board of Appeals and shall remain on the Board for the period of their present appointments. Thereafter, all appointments shall be for four-year terms, provided that any vacancy shall be filled for the period of the unex- pired term. None of the five appointed members shall serve more than two consecutive four-year terms. The Fire Chief, the Building Official, and the Electrical Inspector shall each act as an ex-officio member of the Board for matters governed by the construction code that is his or her primary responsibility to administer and enforce and shall either act as secretary to the Board or designate another City staff member to act in such capacity. C. Limitations of Authority. The Board shall have no authority relative to interpretation of the admin- istrative provisions of the construction codes nor shall the Board or any other person or enforcement officer be empowered to waive any requirements of said codes. D. Filina of Appeals. An appeal may be filed with the Board by any person having legal standing or a legal interest in the building or land involved in the appeal- able issue. Such appeal shall be filed in writing with 14-3 8-90 14.01. 090 the city Clerk within thirty (30) days from the date that notice of any appealable action is served by either personal delivery or by deposit in the united states Mail, except where other service is specifically provided in the construction codes. The filing fee shall be $75. The filed appeal shall contain: 1. A heading in the words: "Before the Construction Code Board of Appeals of the City of Port Angeles"; 2. A caption reading : "Appeal of " , giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal standing, or legal interest in the building or the land involved in the notice and order of each of the appel- lants; 4. A brief statement in ordinary and concise language of the specific order, decision, or determina- tion appealed, together with any material facts claimed to support the contentions of the appellant; 5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the appealed order, decision, or determina- tion should be reversed, modified, or otherwise set aside; 6. The signatures of all parties named as appellants and their official mailing addresses; 7. The verification, by declaration under penalty of perjury, by at least one appellant as to the truth of the matters stated in the appeal. E. Procedures of the Board. The Construction Code Board of Appeals shall follow the procedures set forth in this Section and in any other reasonable rules and regulations that the Board may see fit to adopt, subject to the approval of the City Council. F. Schedulinq and Noticinq Appeal for Hearing. As soon as practicable after receiving a written appeal, the Secretary shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date that the appeal was filed with the City Clerk . written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the Board either by personal delivery or by deposit in the United States Mail. G. Record and Findinqs on Appeal. All hearings and appeals before the Board shall be recorded and every decision of the Board shall be in writing and shall include findings of fact and conclusions representing the official determination of the Board and specifying the basis for the decision. All parties to the appeal shall be notified of the Board's decision either by personal delivery or by mail. A copy of the record or any part thereof shall be transcribed and furnished to any person 14-4 8-90 14.01. 090 - 14.01. 110 upon request therefor and payment of the reasonable costs thereof. H. Scope of Board's Review. In rendering its decision, the Board may, in conformity with the applic- able construction code, reverse or affirm, wholly or in part, or may modify, the order, decision, or deter- mination appealed from, and may make such other order, decision, or determination as the Board deems necessary and proper. I. Judicial Review. The decision of the Board shall be final and conclusive unless within fifteen (15) days from the date of service by either personal delivery or deposit in the United States Mail the appellant files a petition for writ of certiorari to the Superior Court of the State of Washington for Clallam County. The proper and timely filing of such petition shall stay the enforcement of the decision of the Board during the pendency of the Superior Court litigation, except when a stay of the decision presents an exigent danger to the health and safety of persons or property. (Ord. 2552 ~1, 10-25-89.) 14.01.100 Violations and Penalties. Any person, firm, or corporation, violating any of the provisions of any of the construction codes of the City of Port Angeles shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the construction codes of the City of Port Angeles is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of $500. (Ord. 2552 ~1, 10-25-89.) 14.01.110 Liabili tv for Iniurv or Damaqe. The construction codes of the City of Port Angeles shall not be construed to relieve from or lessen the responsibility of any person for injury or damage to person or property caused by or resulting from any defect of any nature, nor shall the City or its enforcement officers be deemed to have assumed any such liability by reason of the inspec- tions or other actions authorized by the construction codes or any permits or certificates issued thereunder, provided that in rendering approvals based on such inspections the City's enforcement officers shall not knowingly approve any work that such enforcement officers know to be hazardous and shall not knowingly make inaccurate express assurances regarding work regulated by the construction codes to any person, which assurances cause damage or injury to such person. (Ord. 2552 ~1, 10-25-89.) 14-5 8-90 14.03.010 - 14.03.020 CHAPTER 14.03 BUILDING CODE Sections: 14.03.010 Uniform Codes Adopted. 14.03.020 Amendments to Uniform Codes. 14.03.030 Factory-Built Housing and Factory-Built Commercial Structures. 14.03.040 Fees. 14.03.010 Uniform Codes Adopted. Pursuant to Chapters 19.27 and 19.27A RCW and 51-16 WAC, the following Codes are adopted subj ect to the amendments set forth in Ch. 51-16 WAC and PAMC 14.03.030: A. Uniform Building Code, including Appendix, Chapter 1, except subsection 110(b), Appendix Chapters 7 and 32, and Uniform Building Code Standards, 1988 Edition, published by the International Conference of Building Officials; B. Uniform Mechanical Code, 1988 Edition, including Appendix B, Chapter 22, published by the International Conference of Building Officials; C. Uniform Fire Code and Uniform Fire Code Standards, 1988 Edition, as specifically adopted in Chapter 14.21 PAMC; D. Uniform Plumbing Code, including Appendix C, and Uniform Plumbing Code Standards, 1988 Edition, published by the International Association of Plumbing and Mechanical Officials; E. The Washington State Regulations for Barrier Free Facilities, as adopted and amended by the Washington State Building Code Council and codified at Chapter 51- 10 WAC, establishing standards for making buildings and facilities accessible to and usable by the physically handicapped or elderly persons as provided for in RCW 70.92.100 through 70.92.160; F. The Washington State Energy Code, as adopted and amended by the Washington Building Code Council, and as codified in Chapter 51-12 WAC, and the Northwest Energy Code, 1987 edition, as promulgated by the Bonneville Power Administration, together with the conversion standard equivalent code amendments to the model energy code, December 24, 1986, edition as compiled with the Northwest Energy Code, 1987 edition, all as presently existing or as subsequently amended, provided that: (1) The Northwest Energy Code shall apply to all new residential construction using electrical space heating and all new nonresidential construction using electrical space conditioning and electrical lighting; 14-6 8-90 14.03.010 (2) The Washington state Energy Code shall apply to all non-electrically space-heated residential and nonresidential construction except that new residential buildings, which are space- heated with all other forms of space heating not covered by the Northwest Energy Code, shall be designed to achieve energy use efficiency equivalent to energy use achieved in typical buildings constructed with: (a) Ceilings insulated to a level of R- 30 (R value includes insulation only) ; (b) Walls insulated to a level of R-19 (R value includes insulation only), or constructed with two-by-four members, R-13 insulation batts, R-3.2 sheathing, and other normal assembly components; (c) Below grade walls, insulated on the interior side, to a level of R-19 (R value includes insulation only), or if insulated on the exterior side, to a level of R-10; (d) Floors over unheated space insulated to a level of R-19 (R value includes insulation only) ; (e) Slab on grade floors insulated to a level of R-10 at the perimeter; (f) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources with a minimum annual fuel utilization efficiency (AFUE) of seventy- eight percent; (g) Double glazed windows with values not more than U-0.65 when tested per AAMA standard #1503.1-88; and, (h) A maximum glazing area of twenty-one percent of the floor area or, for purposes of determining equivalent thermal performance, a maximum glazing area of fifteen percent of the floor area; (3) The conversion standard equivalent code amendments shall apply to any buildings constructed pursuant to a building permit issued on or after the effective date of this ordinance, which buildings at the initial construction were not required to comply with the Northwest Energy Code, when such buildings are subsequently converted to provide electrical space heating or conditioning and lighting. G. Uniform Sign Code, 1988 Edition, published by the International Conference of Building Officials; H. Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, published by the International Conference of Building Officials. 14-7 8-90 14.01.010 - 14.01. 020 In case of conflict among the codes enumerated in subsections A through D of this Section, the earlier named Code shall govern over those fOllowing. (Ord. 2561 ~1, 5-1-90; Ord. 2552 ~2, 10-25-89.) 14.03.020 Amendments to Uniform Codes. Pursuant to RCW 19.27.040, RCW 19.27.060(3) and (4), and PAMC 14.04.020, the following amendments to the Uniform Building Code, Uniform Plumbing Code, and Uniform Sign Code are adopted: A. Uniform Building Code, Chapter 5, Table 5-C is amended by adding the following footnote: (7) Type V-N construction prohibited in CBD - Central Business District. B. Uniform Building Code, section 3802(b) is amended by adding the following: 5. In all buildings where the floor area exceeds 6,250 square feet on all floors; however, the area and height increases specified in section 506(C) and 507 (for sprinklers) shall be permitted. For the purpose of this sUb-section, portions of buildings separated from the rest of the building, in accordance with section 505(e), with openings allowed by the Uniform Building Code protected by the installation of approved magnetic hOld-open devices which are activated by smoke detection devices installed on both sides of said openings, may be considered as separate buildings. C. Uniform Building Code, Appendix Chapter 32, section 3212, is amended to require that all cedar shingles be removed prior to any reroof. D. Uniform Plumbing Code, Appendix C, is amended to add Footnote 14 as follows: Required restroom facilities shall be main- tained open and operable during business hours where businesses are being conducted and in other buildings when being used by employees, occupants, or the public. Such public rest- rooms shall be readily identifiable. E. Uniform sign Code, Chapter 3, Section 301, is amended by adding the following: provided, that presently existing signs not in conformity with this code, as amended, may be maintained in their present condition unless hazardous, but may not be altered or recon- structed unless in conformity with this code. F. Uniform Sign Code, Chapter 3, Section 303: Delete #3, signs less than 6' above grade. G. Uniform Sign Code, Chapter 4, delete Table 4- B. In lieu thereof, Chapter 45, Section 4505(b) of the Uniform Building Code, 1988 Edition, shall apply to projection of signs. (Ord. 2565 ~1, 2-14-90; Ord. 2552 ~ 2, 10-25-89.) 14-8 8-90 14.03.030 - 14.03.040 14.03.030 Factorv-Built Housina and Factorv-Built Commercial structures. No installation permit shall be issued for factory-built housing and factory-built commercial structures until the Light Department reviews and approves electrical metering equipment, electrical service equipment, and short circuit fault duty of the electrical equipment in order to ensure that such equipment is safe and compatible with Light Department electrical meters and wiring standards. (Ord. 2552 ~2, 10-25-89.) 14.03.040 Fees. The fees set forth in the codes adopted in PAMC 14.03.020 shall apply in all instances except for the following: A. The permit fee for the installation of a modular or mobile home shall be $150. B. The mechanical permit fee for installation of a solid-fuel burning appliance shall be $45. C. Sign permit fees shall be according to the schedule set forth in this subsection. 1. Sign Permit Fee Schedule Tvpe of Sian Sian Size 25-50 50-99 sa. ft. sa. ft. Over 100 sa. ft. Wall or marquees, non- electric $25 Wall or marquees, electric Freestanding and projecting Freestanding, projecting, electric, less than 25 sq. ft. All other electric, less than 24 sq. ft. All non-electric, less than 25 sq. ft. Supergraphic on building (any size) 15 2. If the work authorized under a sign permit has not been completed within 180 calendar days after the date of issuance of the permit, the permit shall expire and any subsequent work shall require a renewal of the permit and paYment of renewal fees, at one-half the original fee. All fees are nonrefundable. 3. Any person, firm, or corporation who shall erect, re-erect, construct, alter, or maintain a sign without a permit first having been obtained, except as provided by the Port Angeles Municipal Code, shall as a penalty pay double the amount required by the Sign Permit Fee Schedule. D. Surcharges enacted pursuant to Chapter 19.27 RCW and remitted to the State Treasurer shall be $4.50 for each building permit, plus $2 for each additional residential unit. E. The inspection fee for call-back plumbing inspections shall be $10. (Ord. 2552 ~2, 10-25-89.) $30 $35 40 50 50 70 30 40 15 10 10 14-9 8-90 14.05.010 - 14.05.030 CHAPTER 14.05 Sections: ELECTRICAL CODE 14.05.010 Purpose and Scope. 14.05.020 Adoption of Electrical Code. 14.05.030 Definitions. 14.05.040 Office of the Electrical Inspector. 14.05.050 Electrical Permit Required. 14.05.060 Electrical Permit Applications. 14.05.070 Electrical Permit to the Owner. 14.05.080 Filing of Drawings and Specifications. 14.05.090 Inspection of New Electrical Work. 14.05.100 Inspection of Existing Electrical Work. 14.05.110 certificate of Final Inspection. 14.05.120 Temporary Use of Electric Current. 14.05.130 Unlawful Wiring. 14.05.140 Electrical Installations. 14.05.150 Deletions From the National Electrical Code. 14.05.160 Wiring Methods. 14.05.170 Wiring Specifications. 14.05.180 Inspection and Permit Fees. 14.05.010 Purpose and Scope. This Chapter is intended to regulate the installation, alteration, exten- sion, and repair of electrical wiring, materials, appli- ances, apparatus, devices, and equipment in the City of Port Angeles. This Chapter does not apply to electrical equipment or central stations or substations or control of electrical energy for light, power, telephone, or telegraph, or to electrical construction governed by Chapter 19.29 RCW and Chapter 296-44 WAC. This Chapter shall apply to all electrical conductors and equipment installed, used, rented, offered for sale or distributed for use in the city. (Ord. 2552 ~3, 10-25-89.) 14.05.020 Adoption of Electrical Code. The 1987 Edition of the National Electrical Code (NFPA 70-1987) and the State of Washington Electrical Laws as set forth in Chapter 19.28 RCW and Chapters 296-46 and 296-401 WAC, are hereby adopted by reference subject to the amendments set forth herein and subject to the city of Port Angeles utility customer service policies, provided that if any specific requirement contained in said amendments or customer service policies is less restrictive than the specific requirement contained in the State of Washington Electrical Laws, such specific requirement of the State of Washington Electrical Laws shall govern. (Ord. 2552 ~3, 10-25-89.) 14.05.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this Chapter. 14-10 8-90 14.05.030 - 14.05.050 A. "Electrical Work" means the installation, alteration, extension, and/or repair of electrical wiring, materials, appliances, apparatus, devices, and/or equipment. B. "Inspector" shall mean the Electrical Inspector of the Light Department or his qualified subordinate to whom his responsibilities have been delegated. C. "Owner" shall mean the legal owner(s) of the property on which the electrical work is being done. It shall also include the owner doing his own electrical work on his own property. D. "Contractor" shall mean the person, firm, or corporation acting on behalf of, or as an agent of the owner, in the installation of electrical work, equipment, and/or appliances. (Ord. 2552 ~3, 10-25-89.) 14.05.040 Office of the Electrical Inspector. There is hereby created the Office of the Electrical Inspector. A. The Electrical Inspector, hereinafter called the Inspector, shall function under the authority and at the direction of the Light Department Director, or his designee. B. It shall be the duty of the Inspector to see that the provisions of this Chapter are enforced. He shall, upon application, grant permits for the installa- tion or alteration of electric wiring, devices, appli- ances, and equipment, and shall make inspections of all new electrical installations, as provided in this Chapter. He shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordance with the provisions of this Chapter. The Inspector may delegate inspection and enforcement duties prescribed by this Chapter to other qualified persons. C. Inspectors may answer any relevant question concerning the meaning, intent, or application of this Chapter; however, they shall not layout work or act as a consultant to contractors, electricians, or owners. (Ord. 2552 ~3, 10-25-89.) 14.05.050 Electrical Permit Reauired. Before any electrical work covered by this Chapter may be installed, altered, or repaired, an electrical permit shall be secured from the Office of the Electrical Inspector. Exceptions to this requirement are as follows: A. Electrical permits will not ordinarily be required for minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, and repairing drop cords. B. Electrical permits shall not be required for the installation of temporary wiring for testing electrical apparatus or equipment, with prior approval of the Inspector. 14-11 8-90 14.05.050 - 14.05.070 C. Upon approval of the electrical permit and payment of the appropriate fee as set forth in PAMC 14.05.180, the electrical permit will be issued to the applicant. (Ord. 2552 ~ 3, 10-25-89.) 14.05.060 Electrical Permit Applications. A. Applications for electrical permit shall be made in writing to the Office of the Electrical Inspector and shall state the name of the contractor, phone number, the owner, the project address, and a description of the work to be done. B. For industrial, commercial, and residential projects larger than a duplex, a one-line drawing of the electrical service and feeders, building size (square feet), load calculations, and the type and size of conductors and/or raceway is required and shall accompany the electrical permit application. c. All electrical work for a commercial or residential building or structure shall be performed by a licensed and bonded contractor unless exempted by PAMC 14.12.070. D. Every electrical permit issued by the Inspector under the provisions of this Chapter shall expire by limitation and become null and void if the work auth- orized by such permit is not commenced within sixty (60) days from the date of issuance of the permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of six (6) months. In such circumstances another permit is required before work may (re) commence. E. An address shall be provided for the location of the electrical' work. (R. F. D. box number or street intersections are not acceptable.) (Ord. 2552 ~3, 10-25-89.) 14.05.070 Electrical Permit to the Owner. A. An electrical permit to perform electrical work in or on the owner's residence or structure may be issued to the owner, provided the following conditions are satisfied: 1. The electrical work shall be done by the owner of the property. 2. If requested, the owner shall provide documentation (e.g., copy of deed and driver's license) and sign an affidavit stating that he or she is the owner of the property and that he or she will be doing the electrical work. B. If it is apparent from the character of the electrical work that was completed that the owner is not qualified to do the electrical work, the Inspector may require that the portion of the electrical work that is in violation of this Chapter to be changed, altered, or repaired by a licensed and bonded contractor. (Ord. 2552 ~3, 10-25-89.) 14-12 8-90 14.05.080 - 14.05.090 14.05.080 Filinq of Drawings and Specifications. All applicants requesting electrical permits for commer- cial and industrial projects, as defined in WAC 296-46- 140, shall submit plans and specifications of the elec- trical work for review. The plans and specifications shall include the site plan (utility locations, building service location, and padmount transformer locations, if applicable), riser diagram (one-line diagram), connected load breakdown, number of phases, voltage, and building wiring plan. (Ord. 2552 ~ 3, 10-25-89.) 14.05.090 Inspection of New Electrical Work. A. Electrical wiring shall not be inspected until the structural framework has been enclosed from exposure to the weather, and metallic piping, ducts, plumbing, etc., which are liable to interfere with or be run in close proximity to the electrical installation, are permanently in place and have been approved by the legally designated authorities. B. The Inspector shall be notified when roughing- in work is completed and again when the building is com- pleted. If said work conforms in all respects with the provisions of this Chapter, the Inspector shall attach a notice of approval for the rough-in installation. C. No electrical wiring shall be covered or concealed until the Inspector has approved the installa- tion and the Building Official has given permission to cover or conceal the same. Should the Inspector indicate that any of said work or equipment is not in accordance with the provisions of this Chapter, notice in writing to that effect shall be placed upon the premises or given to the contractor or to the party or parties having the electrical work done. Within fifteen (15) days after notification thereof, or within such reasonable time as may, upon request, be allowed by the Inspector, such electrical work or equipment shall be altered or removed, as the case may require, and necessary changes shall be made so that all such electrical work and equipment shall fully comply with the provisions of this Chapter before any further electrical work in connection with such disapproved work or equipment is done on the building. When in default, said contractor or party or parties shall be subject to the penalties of PAMC 14.01.080 and any and every owner, contractor or other person engaged in covering or allowing to be covered such portions of work or equipment, or removing any seal or notice not to cover same placed thereon by the Inspector, shall like- wise be subject to such penalties. D. The work shall be completed before the Inspector is notified to inspect such work. This shall include the protection of all wires and equipment. (Ord. 2552 ~3, 10-25-89.) 14-13 8-90 14.05.100 14.05.110 14.05.100 Inspection of Existinq Electrical Work. A. The Inspector is hereby empowered to inspect all existing wiring, appliances, devices, and equipment coming within the scope of this Chapter. When the installation of any such wiring, appliance, device, or equipment is determined by the Inspector to be in violation of this Chapter, the person, firm, or corpora- tion owning, using, or operating the same, shall be notified and shall make the necessary repairs or changes required within fifteen (15) days after notification thereof, or within such further reasonable time as may, upon request, be allowed by the Inspector. B. The Inspector is hereby empowered to disconnect or order the discontinuance of electrical service to such conductors or apparatus found to be in a dangerous or unsafe condition, or to have been installed without a permit. He shall thereupon attach a notice which states that such conductors or apparatus have been disconnected because of their having been found in violation of the provisions of this Chapter and it shall be unlawful for any person to remove said notice of disconnection or to reconnect such defective conductors or apparatus until same has been placed in a safe and secure condition and has been approved by the Inspector. (Ord. 2552 ~3, 10-25-89.) 14.05.110 Certificate of Final Inspection. A. The Inspector shall, upon request, issue a certificate of final inspection when the electrical installation is completed and found to comply with this Chapter. No certificate shall be issued on any incom- plete work. B. It shall be unlawful for any person to make any electrical connection to any electrical equipment until approval for service to such equipment or wire has been given by the Inspector. The Inspector is hereby auth- orized to disconnect any electrical installation or equipment which has been connected before the approval has been given. He shall thereupon attach a notice which shall state that the wiring or apparatus has been discon- nected because of their having been found in violation of the provisions of this Chapter and any person removing said notice, or reconnecting said wiring or apparatus before the same has been approved by the Inspector, shall be subject to the penalties of PAMC 14.01.080. To avoid delay in service connections or any interruption of service in the case of a cut-over to new service equip- ment, the holder of the electrical permit shall apply to the Inspector for permission to make the cut-over. C. All fuses, circuit breakers, switches, receptacles, and other materials and devices shall be installed and all outlets properly connected before any certificate of final inspection will be issued. (Ord. 2552 ~3, 10-25-89.) 14-14 8-90 14.05.120 - 14.05.140 14.05.120 Temporarv Use of Electric Current. Per- mission must be obtained from the Inspector for the tem- porary use of electric current during the construction or alteration of any building. No person shall connect his service with that of any other person, or in any way supply any other person, premises, property, or service with electricity through his service, except as approved by the Inspector. (Ord. 2552 ~3, 10-25-89.) 14.05.130 Unlawful Wirinq. A. It shall be unlawful for any person in any way to alter any electrical wiring, or to permit such elec- trical wiring to be altered unless done in conformity with the provisions of this Chapter. B. It shall be unlawful for any person to over fuse any conductor, motor, or apparatus in excess of the maximum allowed by this Chapter for such conductor, motor, or apparatus, or to install any substitute in lieu of an approved fuse or circuit breaker, or to interfere with any automatic device, so as to reduce the factor of safety of the same. C. When an installation consisting of Edison-base type plus fuses is considered to be over fused, the Inspector shall, when he deems it necessary for the safety of the property or the protection of life, require the installation to be equipped with Type "S" (tamper resisting) fuses or circuit breakers. D. Master metering of multiple dwelling units is prohibited. SUb-metering of buildings, existing mater metered facilities, or multiple dwelling units is prohibited for the resale of electricity, or for the apportioning of costs between separate dwelling units, tenants, or owners. (Ord. 2552 ~3, 10-25-89.) 14.05.140 Electrical Installations. A. All new electrical installations shall conform to the requirements of this Chapter. When an installa- tion or any part of such installation is considered, upon inspection, to be hazardous, the Inspector may require that such portion of the installation as is considered to be hazardous shall be corrected to conform to any or all of the requirements of this Chapter. B. When any additions, alterations, or repairs of existing installations are made, that portion of the installation which is added, altered, or repaired shall conform to the applicable requirements contained herein. Wiring methods must meet or exceed the pre-existing wiring method. C. When 65% of the existing electrical facilities have been or are expected to be modified, as determined by square footage or by the Inspector, the entire elec- trical wiring facilities shall meet the requirements of this Chapter. A service change will be considered as a minimum of 33.3% alterations to the electrical system. 14-15 8-90 14.05.140 - 14.05.160 D. On rewires, additions, or conversions of occupancies from dwellings to commercial use, the same criteria will apply as if the facility was originally for commercial use. In occupancy changes, the service must pass inspection and the wiring must meet current code requirements for the new occupancy. E. An exception to this section may be granted by the Inspector, but not to the National Electrical Code or the state of Washington Electrical Code, in the event that the facility is determined to be an historic site or qualified for historic preservation, as determined by the state Historical Preservation Officer. (Ord. 2552 ~3, 10-25-89.) 14.05.150 Deletions From the National Electrical Code. The exceptions listed in Article 230-41, Article 305-6(b), Article 333, Article 334 (except for industrial use), and Article 338-2 (SE cable only), of the National Electrical Code shall not be applicable and are hereby deleted. Compliance with said Articles or Sections of the National Electrical Code shall not be considered as compliance with the provisions of this Chapter. (Ord. 2552 ~3, 10-25-89.) 14.12.160 Wirinq Methods. A. Wiring methods for institutional, educational, health care facilities, and places of assembly of one hundred or more persons shall be wired as set forth in Article 518 of the 1987 Edition of the National Elec- trical Code; the wiring methods in Section 518-4, Exception 1, shall not be permitted. For determining the occupant load of places of assembly, the methods in NFPA 101, Life Safety Code, shall be used. B. All new or remodeled commercial or industrial buildings that exceed a total of 5,000 square feet shall be wired in an approved raceway. All buildings in the Downtown, Fire Zone 1 as defined in Chapter 14.24 PAMC, and any open space mall-type structures without fire wall separation, industrial zoned property, piers, docks, wharfs, structures over water, and any feeder to a panel, shall be wired in an approved raceway. C. In multi-family occupancy buildings (i.e., apartment houses, hotels, motels, and dormitories), nonmetallic sheathed cable, with grounding conductor, may be used as the wiring method for branch circuits in such wood frame occupancies of not more than three (3 ) stories, not including a basement which is used for storage. D. All mains and circuits exceeding 300 volts between conductors, and circuits exceeding 150 volts to ground, shall be installed in approved raceways. E. The fault duty rating of all service equipment shall exceed the available fault current. The minimum fault duty rating required on service equipment for non- dwelling installations shall be at least 20,000 AIC. 14-16 8-90 14.05.160 - 14.05.170 F. Wood used for support or other purposes in electrical installations, in contact with the earth or subject to moisture, shall be pressure treated and labeled for earth contact. G. Electric meters shall not be permitted inside buildings or within carports or porches without written approval of the Inspector. H. Where more than one electric meter is used, a permanent label shall be attached on each meter base showing the apartment or unit number. I. For industrial and heavy commercial buildings using cable trays, metal clad cables will be acceptable for service and feeder conductors when approved by the Inspector. J. The smallest size cable permitted for commer- cial use is No. 12 AWG copper for power conductors. K. In Residential Occupancies, 20 amp branch circuits will be limited to 20 outlets and/or lighting devices and 15 amp circuits will be limited to 15 devices. L. Bathroom receptacles shall not be on the same circuit as the receptacles in the garage. M. In Fire Zone #1, non-metallic conduit will be allowed for exterior use only. N. On current transformer metering, a lockable main disconnect switch(s) shall be required. (Ord. 2552 ~3, 10-25-89.) 14.05.170 Wirinq Specifications. A. In single-family units, 1,000 square feet gross floor area or more, a 200 amp service shall be installed. B. On multiple occupancies with service laterals, a minimum of six (6) meter minimum groupings are required. All single electric meters shall be between four and one-half (4.5) feet and six (6) feet from finished grade to the center of the meter glass. c. Breakers are required at all meters in "meter pack" installations not having a main breaker ahead of the meter. D. Insulation in attics or crawl spaces shall not conceal junction, pull, or outlet boxes. E. Removal of panels, pipe, and unused wire and electrical equipment that has been abandoned is required to complete an electrical installation. F. Underground water pipes shall not be laid in the same trench with an electrical service wire unless: 1. A minimum horizontal separation of three (3) feet is maintained at all points along the line; or 2. All electrical wires are enclosed within an approved raceway and a minimum horizontal separation of one (1) foot shall be maintained. Where water service pipes cross electrical service wires, a minimum vertical separation of one (1) foot shall be maintained. G. The panel ampacity in mUlti-family dwellings shall have a minimum rating of 100 amps. 14-17 8-90 14.05.170 - 14.05.180 H. The service equipment grounding electrode conductor and bond conductor shall be copper only. Aluminum shall be prohibited. (Ord. 2552 ~3, 10-25-89.) 14.05.180 Inspection and Permit Fees. The fees for electrical inspections shall be as stated herein; pro- vided that said fees shall not exceed those established in RCW 19.28.210. For the purpose of calculating said fees, amperage shall be based on the larger of the conductor ampacity or the over current device. A. The fee for inspection of the installation, alteration, extension, and repair of electrical wiring, materials, appliances, apparatus, devices, and equipment of the following service(s), or feeder(s), is: RESIDENTIAL COMMERCIAL/ ADDITIONAL SERVICES INDUSTRIAL FEEDERS AMPERAGE COLUMN A COLUMN B COLUMN C o - 100 AMP $ 30 $ 40 $ 10 125 - 200 AMP 40 60 15 201 - 400 AMP 55 100 25 401 - 600 AMP 70 140 35 601 - 1000 AMP 85 180 45 1001 - over AMP 100 220 55 Temporary service 20 * * 50% of Column B 1. There shall be no additional fee for inspection of branch circuits when included in the service/feeder permit. 2. The residential service fee specified in Column A shall be paid for a single-family residential service, for a mUlti-family residential service (per service, up to but not exceeding a four-plex), and for each service, or the first feeder, when the service is not being installed, decreased/increased, or altered. 3. The commercial and industrial service fee specified in Column B shall be paid for each service, or the first feeder, when the service is not being installed, increased, or altered; for secondaries of transformers that have a capacity greater than 600 VA; for each service or feeder that is over 600 volts; and for a mUlti-family residence larger than a four-plex. 4. The additional feeders fee specified in Column C shall be paid for inspections with a service or feeder in Column A or B at the same time and on the same permit. B. The following fees shall apply to the electrical inspection of each of the following units and additional units inspected at the same time and same location: 14-18 8-90 Single/First Unit 14.05.180 Additional Units (Maximum of 5) Column B 1. Column A Mobile home, modular home or commercial service (200 AMP Max. ) * Mobile home feeder Each lot for a recreational vehicle Berth at a marina or dock Motors, 10 HP or larger Signs Hot tub (permanent) 5 5 * * 25 20 5 * 5 2. 3 . 20 5 4. 20 5 5. 6. 7. 20 25 20 * Total fee for inspection of one service and feeder when they are inspected at the same time is $30. C. For new circuits, circuit extensions, and circuit alterations where the service or feeder is not modified, the permit fee shall be $20 for up to and including four circuits inspected at the same time on the same premises under a single permit, plus $1 for each additional circuit over four circuits. D. Low voltage systems. The fee for inspection of residential burglar or fire alarm systems, and other Class 2, low voltage systems, shall be $20 for one to four circuits (zones) plus $1 for each additional circuit (zone) . For commercial or industrial Class 2, low voltage system installations, the minimum fee shall be $20 for the control panel plus $1 for each circuit (zone) inspected at the same time. E. The fee for emergency, standby, and resource recovery generators up to 50 KVA is $20. The fee for a generator installation larger than 50 KVA, or that is the main source of power, is that for the applicable service in subsection A of this section. F. Block Permit. A firm, corporation, or other enti ty which has a regularly employed electrical mainten- ance staff, which is exempted from the requirement to have an electrician certificate of competency by RCW 19.28.610, may choose to purchase a monthly electrical work permit for work done by in-house electrical personnel rather than a work permit for each installation or alteration in accordance with this Section. Work done by contractors shall not be included in this block permi t. The Inspector shall determine the maximum number of hours allowed on the block permit. This will entitle the purchaser to inspections for a period determined by the Inspector. Fees will be determined on an individual basis by the Inspector, based on the estimated inspection time required. G. Fees for carnival electrical inspections. The fee shall be $40 for the first ten rides, concessions, or generators, and $2 each for all additional rides, concessions, and generators. 14-19 8-90 14.05.080 H. Trip fees. A fee of $20 in addition to the applicable inspection~fee shall be paid before approval of the installation each and every time the following services are required: 1. Requests to inspect existing installa- tions. After the first half-hour an additional $20 fee shall be provided for each one-half hour of inspection time. 2. Trips to inspect when the permit applicant has given notice to the Inspector that the work is ready for inspection when it is not. 3. An additional inspection trip is necessary because the permit applicant has given an erroneous or incomplete address, or the premise is not accessible. 4. More than one additional inspection trip per permit to inspect corrections required by the Inspector as a result of carelessness or neglect, or for improperly responding to a correction notice. 5. Each trip necessary to remove a non- compliance citation from the job site, posted because unlicensed electrical contractors or uncertified electricians or trainees were working on the jObsite. 6 . When corrections have not been made in the prescribed time, unless an extension of time has been requested and granted. 7. When a final inspection has not been requested and the occupant has occupied the building. Furnishings indicate occupancy. I. A fee of two times the regular permit fee shall be charged for work that was started without a permit. This provision shall not apply to emergency work, when at the satisfaction of the Inspector such work was urgently necessary, making it impractical to obtain a permit prior to commencing the work. A permit must be obtained within forty-eight (48) hours after the start of such work. J. On jobs requiring partial or progress inspections, "one" inspection of one-half hour duration is allowed per $20 of fee. K. The fee for a plan review shall be $32 an hour with a one-hour minimum charge. L. The fee for storm, fire, or other accident damage repairs shall be 50% of a new service of like ampacity, with a minimum charge of $20 (repair only, not new construction due to accidental damage). M. Special permit. For very small jobs requiring an electrical permit as determined by the Inspector and requiring no corrections. The fee for this permit will be $10. Work requiring a cover inspection or additional inspections shall not qualify. (Ord. 2552 ~3, 10-25-89.) 14-20 8-90 14.21.010 - 14.21. 020 CHAPTER 14.21 FIRE CODE Sections: 14.21.010 Adoption of Uniform Fire Code, Appendices, and Standards. 14.21.020 Bureau of Fire Prevention. 14.21.030 Aboveground Storage of Flammable Liquids. 14.21.040 Bulk Storage of Liquefied Petroleum. 14.21.050 Storage of Explosives. 14.21.060 Burning Limitations - Burning Permits Required. 14.21.070 violations and Penalties. 14.21.010 Adoption of Uniform Fire Code, Appen- dices, and Standards. There is adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the Uniform Fire Code, including Appendices I-A, II-C, III-A, B, C, V-A, and VI-A, and Uniform Fire Code Standards, 1988 Edition, published by the International Conference of Building Officials and the Western Fire Chiefs Associa- tion; provided, that, notwithstanding any wording in said Code, participants in religious ceremonies shall not be precluded from carrying hand-held candles; and provided further, that Article 78, Fireworks, and Article 80, Hazardous Materials, are deleted in their entirety. (Ord. 2552 ~4, 10-25-89.) 14.21.020 Bureau of Fire Prevention. A. The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is established and shall be operated under the supervision of the Chief of the Fire Department. B. The Chief, with the approval of the city Manager, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this Code. A minimum of one (1) certified copy of the number required by governing law of such rules and regulations shall be filed with the ci ty Clerk and shall be in effect immediately thereafter. An additional copy shall be kept in the office of the Fire Department for distribution to the public. C. The Fire Prevention Bureau is established within the Fire Department under the direction of the Fire Chief, which shall consist of such Fire Department personnel as may be assigned thereto by the Fire Chief. The function of this Bureau shall be to assist the Fire Chief in the administration and enforcement of fire prevention provisions of this Code. The Chief has designated the position of Fire Marshal to exercise the 14-21 8-90 14.21.020 - 14.21.060 powers and perform the duties of Fire Prevention Engineer as set forth in this Code. (Ord. 2552 ~4, 10-25-89.) section 14.21.030 Aboveqround Storaqe of Flammable Liquids. A. The limits referred to in section 79.501 of the Uniform Fire Code, in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are established in all zones except in the M-2 zone adjacent to Port Angeles Harbor. B. The limits referred to in section 79.1401 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are established as follows: In all zone classifications except that part of M-2 which lies west of Cedar street as prescribed in Ordinance 1709 and subsequent ordinances amending the same. (Ord. 2552 ~4, 10-25-89.) 14.21. 040 Bulk Storaqe of Liquefied Petroleum. The limits referred to in section 82.104 (b) of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: In all zone classifications except that part of M-2 which lies west of Cedar Street as prescribed in Ordinance 1709 and subsequent ordinances amending the same. (Ord. 2552 ~3, 10-25-89.) 14.21.050 Storaqe of Explosives. The limits referred to in Section 77.106 (b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are established as follows: In all zone classifications except that part of the M-2 zone which lies west of Cedar Street as prescribed in Ordinance 1709 and subsequent ordinances amending the same. (Ord. 2552 ~4, 10-25-89.) 14.21.060 Open Burninq Limitations - Burninq Permits Required. A. No garbage, dead animals, or materials containing asphalt, petroleum products, paint, rubber products, plastics or any substance which emits dense smoke or obnoxious odors will be allowed to be burned. B. Natural vegetation such as brush, leaves and tree trimmings, may be burned upon private property in accordance with the regulations of the Port Angeles Fire Department upon obtaining a permit from the Fire Department as provided in Sections C and D. C. A one-day permit for open burning of natural vegetation for a fire that will be no larger than four feet in diameter shall be issued without charge by the Port Angeles Fire Department verbally, by contacting the Fire Department at 457-0411, extension 255, and leaving the applicant's name and address. D. A written permit, good for a five-day period, is required for open burning of natural vegetation for 14-22 8-90 14.21.060 - 14.21.070 a fire that will be larger than four feet in diameter and shall be issued only upon completion of an on-site inspection, scheduled 24 hours in advance, by Fire Department personnel. The fee for said permit is $25.00. The permit period may be extended for a reasonable period for good cause. The written copy of the open burning permit and regulations shall be maintained on site at all times during burning operations. (Ord. 2552 ~4, 10-25-89; Ord. 2582 ~1, 4-25-90.) 14.21.070 violations and Penalties. Any person, firm, or corporation, violating any of the provisions of Chapter 14.21 or of the rules and regulations adopted by the Port Angeles Fire Department as conditions for the issuance of a burning permit shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter or of the rules and regula- tions adopted as conditions for the issuance of a permit is committed, continued or permitted. Each such viola- tion shall be punishable in the same manner as violations of the construction codes of the city of Port Angeles as set forth in PAMC 14.01.100. (Ord. 2582 ~2, 4-25-90.) Sections: 14.22.010 14.22.020 14.22.030 14.22.040 14.22.050 14.22.060 14.22.070 14.22.080 14.22.090 14.22.100 14.22.110 14.22.120 14.22.130 Chanter 14.22 FIRE ALARMS Purpose. Definitions - Generally. Definitions - Fire Alarm Types. Permit - Required. Permit - Application - Issuance. Inspection and Approval of Installed Systems Required. Alarm Systems - General Operational Standards. Fire Alarm Systems Required. Fire Alarm Systems - Automatic Detection Systems Required. Fire Alarm System - Additional Specific Requirements. Digital Alarm Communicator Systems. Prohibited Equipment. Existing Buildings. 14-23 8-90 14.40.010 Sections: 14.40.010 14.40.020 14.40.030 14.40.040 14.40.050 14.40.060 14.40.070 14.40.080 14.40.090 14.40.100 14.40.110 14.40.120 14.40.130 14.40.140 14.40.150 14.40.160 14.40.170 14.40.180 14.40.185 14.40.190 14.40.200 Chapter 14.40 OFF-STREET PARKING Definitions. Parking Space Requirements - Generally. Parking Space Requirements - Commercial. Parking Space Requirements - Industrial. Parking Space Requirements - Public and Institutional Uses. Parking Space Requirements - Residential Uses. Parking Space Requirements - Unspecified Uses. Parking Space Requirements - Compact Allowance. Mixed Uses. Cooperative Provisions. Parking Space Requirement Modification - New Uses in New Building. Parking Space Requirement Modification - New Uses in Existing Structures. Parking Space Requirement Modification - Expansion of Existing Uses in Existing structures. Parking Space Modification Requirements - Existing Uses in Existing Structures. Improvement of Parking Spaces. Parking Space Requirements - Variances. Building Permits. Use of Parking Spaces. Parking Lot Activities Standards. Revocation of Permit - Appeals. Violation Deemed Misdemeanor. 14.40.010 Definitions. A. The following terms shall have the designated meanings for the purposes of this Chapter, unless the context indicates otherwise: 1. "Standard-car parking space" means one hundred sixty-six and one-half square feet of parking lot area, nine feet by eighteen feet six inches minimum in size, having adequate access to a public street. No part of any street right-of-way shall be considered part of any standard-car parking space. 2. "Compact-car parking space" means one hundred twenty square feet of parking lot area, eight feet by fifteen feet minimum in size, having adequate access to a public street. No part of any street right- of-way shall be considered part of any compact-car parking space. 14-56 8-90 14.40.010 - 14.40.030 3. "Loading space" means a space located adjacent to a building, and large enough in area so that any truck or other vehicle loading or unloading at such building will not project into a street right-of-way. 4. "Floor area" means the leasable or habitable floor area or space in a dwelling or building, excluding bathrooms, toilet compartments, halls, closets, or corridors 44 inches in width or less, maintenance and cleaning supply rooms of 50 square feet or less, and equipment and machinery rooms not used directly in the manufacture, production, storage or sale of goods or services. 5. "Parking lot activity" means a non- permanent activity occurring in a parking lot, using spaces otherwise allocated for parking for purposes other than parking by clientele of the primary use of the property. B. All other terms used in this Chapter shall have the meaning given to them by Ordinance 1709, as now enacted, or hereafter amended, unless the context indi- cates otherwise. (Ord. 2568 ~1, 3-14-90; Ord. 2228 ~1, 8-31-82; Ord. 1588 ~1, 6-15-66.) 14.40.020 Parkinq Space Requirements - Generally. For all land uses there shall be established and main- tained permanent off-street parking spaces, either on the zoning lot of the use, or within one hundred feet of the property boundaries (excluding public streets and alleys) of the zoning lot. The required number of parking spaces shall be determined as follows: A. The number of required spaces shall be deter- mined by reference to Sections 14.40.030 through 14.40.080. B. If applicable, Sections 14.40.110 through 14.40.140 shall then be used to determine whether the number of spaces required by subsection A of this Sec- tion is modified. (Ord. 2703 ~1, 8-14-92; Ord. 2228 ~2, 8-31-82; Ord. 1588 ~2, 6-15-66.) 14.40.030 parking Space Requirements - Commercial. A. Banks, business and professional and govern- mental offices shall provide one parking space for each two hundred square feet of floor area of the building. B. Bowling alleys shall provide six parking spaces for each alley. C. Child care services or day care centers, as defined in Chapter 388-73 WAC, as now enacted or here- after amended, shall provide two parking spaces plus one unloading space for those services or centers serving twelve or fewer children, and one parking space per em- ployee plus two parking spaces for unloading, for those services or day care centers serving more than twelve children. D. Churches, mortuaries and funeral homes, shall provide one parking space for each six seats in the chapel. 14-57 8-92 14.40.030 - 14.40.050 E. Dancehalls shall provide one parking space for each fifty square feet of floor area of the building. F. Food stores, markets and shopping centers shall provide one parking space for each two hundred square feet of floor area of the building, with a minimum of ten parking spaces. G. Hotels and motels shall provide one parking space for each sleeping unit. H. Research, biochemical, X-ray and dental lab- oratories shall provide one parking space for each two hundred square feet of floor area. I. Medical, optometrical and dental clinics and/ or offices shall provide six parking spaces for each doctor. J. Other retail establishments, such as furni- ture, appliance, hardware stores, household equipment, service shops, clothing or shoe repair shops, shall pro- vide one parking space for each two hundred square feet of floor area of the building, with a minimum of six spaces. K. Restaurants, taverns, and any establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, shall provide one parking space for each one hundred square feet of floor area of the building, with a minimum of ten spaces. L. Skating rinks and other commercial recreation places shall provide one parking space for each two hundred square feet of floor area of the building. M. Telephone exchanges shall provide one parking space for each employee, with a minimum of six spaces. N. Theaters shall provide one parking space for each three theater seats. o. Trucking and transportation terminals shall provide a minimum'of ten parking spaces. P. Wholesale stores, warehouses, storage build- ings and motor vehicles or machinery sales stores shall provide one parking space for each two employees, with a minimum of ten spaces. (Ord. 2228 ~3, 8-31-82; Ord. 1588 ~3, 6-15-66.) 14.40.040 Parkinq Space Reauirements - Industrial. Manufacturing uses, including creameries, soft drink bottling establishments, bakeries, canneries, printing and engraving shops shall provide one parking space for each three employees, with a minimum of ten spaces. (Ord. 2228 ~4, 8-31-82; Ord. 1588 ~4, 6-15-66.) 14.40.050 Parkinq Space Reauirements - Public and Institutional Uses. A. Clubs, fraternal societies, places of assembly and exhibition halls without fixed seats shall provide one parking space for each fifty square feet of floor area of the building. B. Hospitals shall provide one parking space for each bed. 14-58 8-90 14.40.050 - 14.40.070 c. Libraries shall provide one parking space for each two hundred square feet of floor area, with a minimum of ten spaces. D. Museums shall provide one parking space for each three hundred square feet of floor area. E. Outdoor sports area or parks without fixed seats shall provide parking spaces as determined by Planning Commission review. F. Parks and playgrounds shall provide parking spaces as determined by Planning Commission review. G. Preschools and kindergartens shall provide a minimum of ten parking spaces. H. Public and private golf clubs shall provide a minimum of forty parking spaces. I. Public swimming pools shall provide ten park- ing spaces for each one thousand square feet of pool surface area. J. Riding academies shall provide one parking space for each one hundred square feet of floor stable area. K. Elementary schools shall provide one parking space for each classroom. L. Junior high schools shall provide three park- ing spaces for each classroom. M. Senior high schools shall provide six parking spaces for each classroom. N. Junior colleges shall provide eight parking spaces for each classroom. o. Stadiums, sports areas, auditoriums and other places of assembly shall provide one parking space for each three seats. P. Senior Centers shall provide one parking space for every 135 square feet of floor area of the building. (Ord. 2683 ~1, 3-27-92; Ord. 2228 ~5, 8-31-82; Ord. 2184 ~1, 1-1-82; Ord. 2121 ~1, 2-1-81; Ord. 2028 ~1, 6-17-79; Ord. 1588 ~5, 6-15-66.) 14.40.060 Parkinq Space Requirements - Residential Uses. A. Dormitories and apartment dormitories shall provide two parking spaces for each sleeping unit. B. Rooming and lOdging houses shall provide one parking space for each sleeping unit. C. Sani tariums, convalescent homes, nursing homes, rest homes and homes for the elderly shall provide one parking space for each three beds. D. Single-family, two and three family dwellings, and apartment buildings shall provide two parking spaces per dwelling unit. E. Trailer parks shall provide two parking spaces for each trailer space. (Ord. 2228 ~6, 8-31-82; Ord. 2081 ~1, 6-1-80; Ord. 2028 ~2, 6-17-79; Ord. 1588 ~6, 6-15-66.) 14.40.070 Parkinq Space Requirements - Unspecified Uses. If a use is not otherwise specifically mentioned 14-59 3-92 14.40.070 - 14.40.120 in Sections 14.40.030 through 14.40.060 of this Chapter, the requirements for off-street parking facilities shall be the same as the requirements for off-street parking of the use which, as determined by the Planning Director, has the most similar parking need and land use characteristics. (Ord. 2228 ~7, 8-31-82; Ord. 1588 ~7, 6-15-66.) 14.40.080 Parkinq Space Requirements - Compact Allowance. When more than ten off-street parking spaces are required for a particular use, up to fifty percent of the required spaces may be compact-car parking spaces. (Ord. 2228 ~8, 8-31-82; Ord. 1588 ~8, 6-15-66.) 14.40.090 Mixed Uses. In the case of a mixture of uses on one zoning lot or in one building, the total re- quirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities of any other use, except as may be provided in Section 14.40.100 of this Chapter. (Ord. 2228 ~9, 8-31-82; Ord. 1588 ~9, 6-15-66.) 14.40.100 Cooperative Provisions. Parking facili- ties may be cooperatively used by different land uses, when the times of the use of such parking spaces by each use are nonsimultaneous. (Ord. 2228 ~10, 8-31-82; Ord. 2121 ~2, 2-1-81; Ord. 1588 ~10, 6-15-66.) 14.40.110 Parkinq Space Requirement MOdification _ New Uses in New Building. For any new use in a new building, the required number of parking spaces shall be determined by the requirements of Sections 14.40.030 through 14.40.080. (Ord. 2228 ~11, 8-31-82; Ord. 2028 ~3, 6-17-80; Ord. 1588 ~11, 6-15-66.) 14.40.120 Parkinq Space Requirement Modification _ New Uses in Existinq structures. A change of use in an existing building where the use meets the parking requirements of this Chapter must provide parking for the new use as required by this Chapter. If a change of use is proposed for an existing building where the use does not meet the requirements of this Chapter, the new use may occur only if the degree of non-conformance is not increased. For the purposes of this Section, the degree of non-conformance is defined as the number of parking spaces required minus the number of parking spaces provided. (Ord. 2667 ~1, 1-17-92; Ord. 2228 ~12, 8-31-82; Ord. 2097 ~1, 8-19-80; Ord. 2028 ~4, 6-17-79; Ord. 1588 ~12, 6-15-66.) 14-60 3-92 14.40.130 - 14.40.150 14.40.130 Parkinq Space Requirement Modification - Expansion of Existinq Uses in Existinq Structures. For an expansion in the use of an existing building or structure which enlarges the floor area, addi tional parking spaces need not be established, if the follow- ing requirements are met: A. The use and structure or building, prior to its enlargement or increase in floor area, is in con- formance with the parking space requirements of this Chapter; B. No previous modifications of parking space requirements authorized by this Section have been utilized; C. The number of parking spaces required by the floor area of the addition, together with those required by the floor area of the existing building, will not exceed one hundred and fifteen percent of the spaces required for the expansion of the use or building. If the number of spaces required exceeds one hundred and fifteen percent, the required spaces in excess of one hundred and fifteen percent shall be established and maintained. (Ord. 2228 ~ 13, 8-31-82; Ord. 2 028 ~ 5, 6-17-79; Ord. 1588 ~13, 6-15-66.) 14.40.140 Parkinq Space Modification Reauirements - Existinq Uses in Existinq Structu~es. Existing uses occupying existing structures or buildings as of the effective date of the ordinance codified in this Chapter may continue until there is a change in use. (Ord. 2228 ~14, 8-31-82; Ord. 2028 ~6, 6-17-79; Ord. 1588 ~14, 6-15-66. ) 14.40.150 Improvement of Parkinq Spaces. A. Any parking spaces provided to comply with the terms of this Chapter, other than for single-family de- tached residences, shall be improved in accordance with the following requirements: 1. They shall be contoured and drained so as to collect the drainage on the site, and discharge the drainage by an approved method to an approved drainage collection system; 2. They shall be graded and paved with a hard-surface pavement of portland cement concrete, asphaltic concrete with a structurally adequate base, or other hard-surface pavement acceptable to the Director of Public Works. Wheel stops shall be installed where necessary to prevent encroachment upon public rights-of- way. B. The City may grant permission for temporary occupancy of a building or structure even though the parking spaces required by subsection A of this Section have not been fully completed, provided that an improve- ment bond acceptable as to form and amount by the City Engineer and the City Attorney is posted in the amount of the estimated value of the construction of the park- 14-61 8-90 14.40.150 - 14.40.170 ing facilities. Before granting such temporary occu- pancy, the Director of Public Works must determine that construction of the parking facilities prior to occu- pancy of the building would not represent sound con- struction practice, due to weather conditions, avail- ability of materials and/or difficult site conditions, and the acceptance of such bond is therefore appro- priate. Improvement bonds may be accepted for a period not to exceed twelve months. During the period before final completion of the improvements, the parking facilities provided shall at least be graded and graveled and be maintained in a good condition. C. Uses requiring six or fewer spaces may occupy a building or zoning lot for up to twelve months before compliance with subsection A2 of this Section, provided the parking facilities shall at least be graded and graveled and be maintained in a good condition. At the end of the twelve-month period, the parking facilities must be in compliance with subsection A2 of this Sec- tion, or a bond must have been provided and accepted in accordance with subsection B of this Section. (Ord. 2228 ~15, 8-31-82.) 14.40.160 parking Space Requirements - Variances. A. A variance from the parking space requirements of this Chapter, either as specifically provided by Sec- tions 14.40.030 through 14.40.060 and 14.40.080, or as determined by the Planning Director for an unspecified use under Section 14.40.070, may be granted on written request to, and after a public hearing by, the Port Angeles Planning Commission. The Planning Commission may impose such conditions upon the variance as it deems necessary to comply with the purpose of this Chapter. B. Such public hearing shall be conducted in ac- cordance with the procedures for a public hearing on the Zoning Ordinance of the City of Port Angeles. C. The determination of the Planning Commission shall be subject to review by the City Council, upon the record before the Planning Commission. The City Council may affirm, affirm with further conditions, or reverse the decision of the Planning Commission. The Council's decision shall be in writing. (Ord. 2228 ~16, 8-31-82.) 14.40.170 Buildinq Permits. Before the granting of a building permit for any new building or structure, or for any enlargement or change of use in any existing building or structure, where the proposed use is subject to the requirements of this Chapter, the applicant for such building permit shall comply with the requirements of this Chapter. Compliance shall consist of either of the following: A. Proof of the existence of, or the acceptance by the City of a bond for the off-street parking spaces required by this Chapter; or 14-62 8-90 14.40.170 - 14.40.190 B. Proof that the applicant is a participant in a parking association or parking and Business Improvement Area (PBIA), which provides the total number of off- street parking spaces which would otherwise be required from each of the individual participating uses. Applicants meeting all or a portion of their required needs through the provisions of subsection B of this Section must pay to the off-Street Parking Improve- ment Fund an initial assessment amount of $600 for each required parking space provided through membership in the Parking Association or PBIA. (Ord. 2363 ~1, 12-4-85; Ord. 2228 ~17, 8-31-82.) 14.40.180 Use of Parkinq Spaces. Subsequent to the issuance of a building permit, the number and loca- tion of parking spaces used to satisfy the requirements of this Chapter shall not be changed, nor shall the use of the building or structure for which the permit is issued be changed, without the issuance of a revised building permit, including compliance with the require- ments of this Chapter. Parking spaces used by a land use to satisfy the requirements of the Chapter shall only be used for the parking of vehicles of customers and other users of the building and land use authorized by the building permit, and any permanent change in the use from that purpose shall require a revised building permit. (Ord. 2228 ~18, 8-31-82.) 14.40.185 Parkinq Lot Activitv Standards. All parking lot activities shall comply with the following standards: A. No such activity shall occur in parking spaces directly in front of entrances or windows of a building. B. Such activities shall not occupy more than 10% of the total number of spaces in the parking lot. C. Such activities shall not block entrances and exits to the parking lot or fire exit doors of any buildings. D. Such activities shall not occur in parking lots containing fewer than 20 spaces. : E. All sucq activities shall comply with all other applicable City Ordinances and State Statutes. F. Each activity shall only be for a period not to exceed thirty (30) days for private businesses and sixty (60) days for private non-profit and charitable organizations within a one calendar year period. G. The location and activity shall not endanger the public health, morals, safety and welfare. (Ord. 2568 ~2, 3-14-90.) 14.40.190 Revocation of Permit - Appeals. A. A building permit issued pursuant to the terms of this Chapter shall be revocable by the City Manager, or his designee, for violation of any of the provisions 14-63 8-90 14.40.190 - 14.40.200 of this Chapter. Notice of the revocation of such per- mit shall be given in writing, by ordinary mail, di- rected to the address of the permit holder as shown on the permit application. B. Upon revocation, the permit holder shall have a right of appeal to the City Council. The holder shall, within ten days of the notice of revocation, give notice to the City Clerk, in writing, the permit holder's intention to appeal the revocation to the City Council. The Clerk shall place the permit holder's appeal on the agenda of the next regularly scheduled City Council meeting, and forthwith inform the permit holder, in writing, the date, time and location of the meeting. C. The City Council shall hold a public meeting, at which the permit holder may present testimony as to his compliance with the terms of this Chapter. D. The City Council shall make written findings of fact, as to the basis of any decision which it makes. The City Council may sustain the revocation of the permit, reinstate the permit with conditions, reinstate the permit after a time certain, or immediately rein- state the permit. (Ord. 2228 ~19, 8-31-82.) 14.40.200 Violation Deemed Misdemeanor. Any person, firm, or corporation, in charge of premises which violate any of the provisions of this Chapter, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, con- tinued, or permitted. Each such offense shall be punish- able by a maximum civil fine of $500. (Ord. 2568 ~3, 3-14-90; Ord. 2228 ~20, 8-31-82.) 14-64 8-90 . .. '- Chapters: 15.04 15.08 15.12 15.16 15.20 15.24 Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04.070 15.04.080 15.04.090 15.04.100 15.04.110 15.04.120 15.04.130 15.04.140 15.04.150 15.04.160 15.04.170 15.04.180 15.04.190 15.04.200 15.04.210 15.04.220 15.04.230 15.04.240 15.04.250 15.04.260 15.04.270 15.04.280 Title 15 ENVIRONMENT Environmental Policy Shoreline Manaqement Flood Damaqe Prevention Noise Control Environmentallv Sensitive Areas Protection Wetlands Protection Chapter 15.04 ENVIRONMENTAL POLICY State Environmental Policy Act Adopted. SEPA Rules Adopted. General Requirements. Threshold Determinations. Environmental Impact Statement (ElS). Commenting. Using Existing Environmental Documents. SEPA and Agency Decisions. Definitions. Categorical Exemptions. Agency Compliance. Forms. Additional Definitions. Environmentally Sensitive Areas. Lead Agency Determination and Responsibilities. Use of Exemptions. Use of Environmental Checklist. Use of Mitigated DNS. Additional Timing Considerations. Preparation of ElS. Additional Elements to be Covered in an EIS. Designation of Official to Perform Consulted Agency Responsibilities for the City. Designation of Responsible Official. SEPA Public Information. Fees. Authority to Deny or Condition Action to Mitigate or Prevent Adverse Environmental Impact. Public Notice Appeals. 15-1 1-92 15.04.010 - 15.04.040 . ~ .)- 15.04.010 state Environmental Policy Act Adopted. The City adopts by reference the policies of the state Environmental Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020. (Ord. 2312 ~1, 10-1-84; Ord. 1886 ~1, 7-15-76.) 15.04.020 SEPA Rules Adopted. The City adopts by reference the sections or subsections of Chapter 197-11 of the Washington Administrative Code (the "SEPA Rules" adopted by the state Council on Environmental Policy) that are specifically identified herein. (Ord. 2312 ~1, 10-1-84; Ord. 1980 ~1, 7-29-78; Ord. 1886 ~2, 7-15-76.) 15.04.030 General Requirements. This part con- tains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference: WAC 197-11-040 -050 -055 -060 -070 Definitions Lead agency Timing of the SEPA process Content of environmental review Limitations on actions during SEPA process -080 Incomplete or unavailable information -090 Supporting documents -100 Information required of applicants. 10-1-84.) (Ord. 2312 ~1, 15.04.040 Threshold Determinations. This part contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" re-quiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The City adopts the following sections by reference: WAC 197-11-300 -305 -310 -315 -330 -335 -340 Purpose of this part Categorical exemptions Threshold determination required Environmental checklist Threshold determination process Additional information Determination of nonsignificance (DNS) -350 Mitigated ONS -360 Determination of s~gnificance (OS)/ initiation of scoplng -390 Effect of threshold determination. ( 10-1-84.) (Ord. 2312 ~1, 15-2 5-89 , 15.04.050 - 15.04.080 15.04.050 Environmental Impact statement (EIS). This part contains the rules for preparing environmental impact statements. The City adopts the following sec- tions by reference: WAC 197-11-400 Purpose of EIS -402 General requirements -405 EIS types -406 EIS timing -408 Scoping. (Ord. 2312 ~l, 10-1-84.) 15.04.060 Commentinq. for consulting, commenting, vironmental documents under public notice and hearings. ing sections by reference: This part contains rules and responding on all en- SEPA, including rules for The City adopts the follow- WAC 197-11-500 Purpose of this part -502 Inviting comment -504 Availability and cost of environmental documents -508 SEPA register -535 Public hearings and meetings -545 Effect of no comment -550 Specificity of comments -560 FEIS response to comments -570 Consulted agency costs to assist lead agency. (Ord. 2312 ~1, 10-1-84.) 15.04.070 Usinq Existinq Environmental Documents. This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the City's own environmental compliance. The City adopts the fol- lowing sections by reference: WAS 197-11-600 When to use existing environmental documents -610 Use of NEPA documents -620 Supplemental environmental impact statement - Procedures -625 Addenda - Procedures -630 Adoption - Procedures -635 Incorporation by reference Procedures -640 Combining documents. (Ord. 2312 ~l, 10-1-84.) 15.04.080 SEPA and Aqencv Decisions. This part contains rules (and policies) for SEPA' s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains 15-3 5-89 15.04.080 - 15.04.090 f procedures for appealing SEPA determinations to agencies or the courts. The City adopts the following sections by reference: WAC 197-11-650 Purpose of this part -655 Implementation -660 Substantive authority and mitigation -680 Appeals. (Ord. 2312 ~1, 10-1-84.) 15.04.090 Definitions. This part contains uniform usage and definitions of terms under SEPA. The City adopts the following sections by reference, as supple- mented by WAC 173-806-040: WAC 197-11-700 Definitions -702 Act -704 Action -706 Addendum -708 Adoption -710 Affected tribe -712 Affecting -714 Agency -716 Applicant -718 Built environment -720 Categorical exemption -722 Consolidated appeal -724 Consolidated appeal -726 Cost-benefit analysis -728 County/city -730 Decision maker -732 Department -734 Determination of nonsignificance (DNS) -736 Determination of significance (DS) -738 EIS -740 Environment -742 Environmental checklist -744 Environmental document -746 Environmental review -748 Environmentally sensitive area -750 Expanded scoping -752 Impacts -754 Incorporation by reference -756 Lands covered by water -758 Lead agency -760 License -762 Local agency -764 Major action -766 Mitigated DNS -768 Mitigation -770 Natural environment -772 NEPA -774 Nonproject 15-4 5-89 .. " 15.04.090 - 15.04.110 WAC 197-11-776 Phased review -778 Preparation -780 Private project -782 Probable -784 Proposal -786 Reasonable alternative -788 Responsible official -790 SEPA -792 Scope -793 Scoping -794 Significant -796 State agency -797 Threshold determination -799 Underlying governmental (Ord. 2312 ~1, 10-1-84.) action. 15.04.100 Cateaorical Exemptions. The City adopts by reference the following rules for categorical exemp- tions, as supplemented in the ordinance codified herein: WAC 197-11-800 Categorical exemptions -880 Emergencies -890 Petitioning DOE to change exemptions. (Ord. 2312 ~1, 10-1-84.) 15.04.110 Aaencv Compliance. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The City adopts the following sections by reference: WAC 197-11-900 Purpose of this part -902 Agency SEPA policies -916 Application to ongoing actions -920 Agencies with environmental expertise -922 Lead agency rules -924 Determining the lead agency -926 Lead agency for governmental proposals -928 Lead agency for public and private proposals -930 Lead agency for private projects with one agency with jurisdiction -932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city -934 Lead agency for private projects requiring licenses from a local agency, not a county/city and one or more state agencies 15-5 5-89 15.04.110 - 15.04.140 4 WAC 197-11-936 Lead agency for private projects requiring licenses from more than one state agency -938 Lead agencies for specific proposals -940 Transfer of lead agency status to a state agency -942 Agreements on lead agency step -944 Agreements on division of lead agency duties. (Ord. 2312 ~1, 10-1-84.) 15.04.120 Forms. The City adopts the following forms and sections by reference: WAC 197-11-960 Environmental checklist -965 Adoption notice -970 Determination of nonsignificance (DNS) -980 Determination of significance and scoping notice (OS) -985 Notice of assumption of lead agency status -990 Notice of action. (Ord. 2312 ~1, 10-1-84.) 15.04.130 Additional Definitions. In addition to those definitions contained within WAC 197-11-040, the following terms shall have the following meanings, unless the context indicates otherwise: A. "Department" means any division, subdivision or organizational unit of the City established by ordinance, rule, or order. B. "SEPA Rules" means Chapter 197-11 WAC adopted by the Council on Environmental POlicy and amended by the Department of Ecology. C. "Early notice" means the City's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance CONS) procedures). (Ord. 2312 ~1, 10-1-84.) 15.04.140 Environmentallv Sensitive Areas. A. The map filed under City Clerk File No. 0.84 and amendments thereto, which is adopted by reference, designates the location of the environmentally sensitive areas within the city. B. Major actions which will be located wholly or partially within an environmentally sensitive area are to be treated no differently than other major actions under these guidelines. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive area. 15-6 7-90 , '- 15.04. 140 - 15.04.150 C. The following categorical exemptions shall not apply within Environmentally Sensitive Areas: Subsections (1), (2)(a) through (h), (3), (5), (6) (a), (14) (c), (24) (a) through (g), and (25) (d) , (f), (h), (i), of WAC 197-11-800. (Ord. 2594 ~1, 6-27-90; Ord. 2312 ~1, 10-1-84; Ord. 1980 ~3, 7-29-78; Ord. 1886, 7-15-76.) 15.04.150 Lead Aqencv Determination and Responsi- bilities. A. When the City receives or initiates a pro- posal, any portion of which involves a major action, the Responsible Official shall determine the lead agency for that proposal pursuant to the criteria set forth in WAC 197-11-050 and 197-11-922 through 197-11-940. This determination shall be made for each proposal involving a maj or action unless the lead agency has been pre- viously determined, or the Responsible Official is aware that another agency is in the process of determining the lead agency. Note: A lead agency must be an agency with jurisdiction. B. In those instances in which the City is the lead agency, the Responsible Official of the City shall supervise compliance with the threshold determination, and if an EIS is necessary, shall supervise preparation of the draft and final EIS. C. In those instances in which the City is not the lead agency for a proposal, all Departments of the City shall utilize and consider as appropriate either the declaration of nonsignificance or the final EIS of the lead agency in conjunction with the decisions of the City on the proposal. In such instances, no City De- partment shall prepare or require preparation of a de- claration of nonsignificance or EIS in addition to that prepared by the lead agency. D. In the event that the City or any Department thereof receives a lead agency determination made by another agency, which does not appear to be in accord with the criteria of WAC 197-11-922 through 197-11-940, it may object thereto. Any such objection must be made and resolved within fifteen days of receipt of the de- termination, or the City must petition the Department of Ecology for a lead agency determination pursuant to WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the City shall be initiated by the City Manager. E. Departments of the city are authorized to make agreements as to lead agency status pursuant to WAC 197- 11-942 and WAC 197-11-944; provided, that any such agreement involving assumption of lead agency status by the City will first be approved by the Responsible Official for the City, and, that any Department which will incur responsibilities as a result of any such agreement will approve the agreement. 15-7 7-90 15.04.150 - 15.04.170 . F. Any Department making a lead agency determina- tion for a private project shall require sufficient in- formation from the applicant to ascertain which other agencies have jurisdiction over the proposal. (Ord. 2312 ~1, 10-1-84; Ord. 1980 ~4, 7-29-78; Ord. 1886 ~5, 7-15-76.) 15.04.160 Use of Exemptions. A. When the City receives an application for a license or, in the case of governmental proposals, a Department initiates a proposal, the Responsible Offi- cial shall determine whether the license and/or the pro- posal is exempt. The Responsible Official's determina- tion that the proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this Chapter apply to the proposal. The City shall not re- quire completion of an environmental checklist for an exempt proposal. B. In determining whether or not a proposal is exempt, the Responsible Official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the Responsible Official shall determine the lead agency, even if the license application that triggers the Department consideration is exempt. C. If a proposal includes both exempt and non- exempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this Chapter as set forth in WAC 197-11-070. A Depart- ment may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if non-exempt actions were not approved; and a Department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt actions were not approved. (Ord. 2312 ~1, 10-1-84.) 15.04.170 Use of Environmental Checklist. A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license certificate or other approval not specifically exempted in this Chapter; except, a checklist is not needed if the City and applicant agree an EIS is re- quired, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for determining the Responsible Official and for making the threshold determination. 15-8 5-89 15.04.170 - 15.04.180 B. For private proposals, the City will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the Department initiating the proposal shall complete the environmental checklist for that proposal. C. The City may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs: 1. The City has technical information on a question or questions that is unavailable to the private applicant; or 2. The applicant has provided inaccurate information on previous proposals or on proposals cur- rently under consideration. (Ord. 2312 ~1, 10-1-84.) 15.04.180 Use of Mitiqated DNS. A. As provided in this Section and in WAC 197-11- 350, the Responsible Official may issue a DNS based on conditions attached to the proposal by the Responsible Official or on changes to, or clarifications of, the proposal made by the applicant. B. An applicant may request in writing early notice of whether an EIS is likely under WAC 197-11-350. The request must: 1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the Department is lead agency; and 2. Precede the City's actual threshold determination for the proposal. C. The Responsible Official should respond to the request for early notice within fifteen (15) working days. The response shall: 1. Be written; 2. State whether the City currently con- siders issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the City to consider a os; and 3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. D. As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the City shall base its thresh- old determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal: 1. If the city indicated specific mitigation measures in its response to the request for early 15-9 5-89 15.04.180 - 15.04.190 notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a ONS under WAC 197- 11-340 (2) . 2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a ONS, the city shall make the threshold determination, issuing a ONS or OS as appro- priate. 3. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot stormwater retention pond at Y location" are adequate. 4 . Mitigation measures which justify issuance of a mitigated ONS may be incorporated in the ONS by reference to agency staff reports, studies or other documents. F. A mitigated ONS is issued under WAC 197-11- 340 (2), requiring a fifteen-day comment period and public notice. G. Mitigation measures incorporated in the miti- gated ONS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city. H. If the City's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated ONS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (a) (withdrawal of ONS) . I. The City's written response under subsection B of this Section shall not be construed as a determina- tion of significance. In addition, preliminary discus- sion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 2312 ~1, 10-1-84.) 15.04.190 Additional Timinq Considerations. A. For nonexempt proposals the ONS or Final EIS for the proposal shall accompany the City's staff recom- mendation to the Planning commission or similar advisory body. B. If the City's only action on a proposal is a decision on a building permit or other license that re- quires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 2312 ~1, 10-1-84.) 15-10 5-89 15.04.200 - 15.04.220 15.04.200 Preparation of EIS. A. The draft and final EIS shall be prepared either by the Responsible Official or his designee, or by a private applicant or a consultant retained by the private applicant. In the event the Responsible Offi- cial determines that the applicant will be required to prepare an EIS, the applicant shall be so notified imme- diately after completion of the threshold determination. The Responsible Official shall also notify the applicant of the City's procedure for EIS preparation including approval of the DEIS and FEIS prior to distribution. B. In the event that an EIS is to be prepared by a private applicant or a consultant retained by the private applicant, the Responsible Official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The Responsible Official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. C. The Responsible Official may require a private applicant to provide data and information which is not in the possession of the City relevant to any or all areas to be covered by the EIS. However, the applicant is not required to supply information that is not re- quired under this Chapter or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or statute.) D. No matter who participates in the preparation of an EIS, it must be approved by the Responsible Offi- cial prior to distribution. E. In all occasions of EIS preparation, the ap- plicant is encouraged to provide information to the Responsible Official. (Ord. 2312 ~1, 10-1-84; Ord. 1886 ~7, 7-15-76.) EIS. 15.04.210 Additional Elements to be Covered in an A. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this Chapter or subject the EIS to adequacy analysis on said elements: 1. Economy; 2. Social Policy analysis. B. These sections may be covered in an EIS upon a determination by the Responsible Official based upon information presented in the proposal, permit applica- tion, environmental checklist, and the City's economic checklist. (Ord. 2312 ~1, 10-1-84.) 15.04.220 Desiqnation of Official to Perform Con- sulted Aqencv Responsibilities for the city. A. The City Manager shall be responsible for the preparation of the written comments for the City in 15-11 5-89 15.04.220 - 15.04.250 response to a consultation request prior to a threshold determination, participation in pre-draft consultation, or reviewing a draft EIS. B. The City Manager shall be responsible for com- pliance by the City with WAC 197-11-550 wherever the City is a consulted agency, and he is authorized to develop operating procedures which will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate Departments of the City. (Ord. 2312 ~1, 10-1-84; Ord. 1886 ~8, 7-15-76.) 15.04.230 Desianation of Responsible Official. A. For those proposals for which the City is the lead agency, the Responsible Official shall be the City Manager or his designee. B. The Responsible Official shall make the threshold determination, supervise scoping and prepara- tion of any required EIS, and perform any other func- tions assigned to the lead agency or Responsible Offi- cial by those sections of the SEPA Rules which are adopted by reference in this Chapter for all proposals for which the City is the lead agency. (Ord. 2312 ~1, 10-1-84; Ord. 1980 ~5, 7-29-78; Ord. 1886 ~8, 7-15-76.) 15.04.240 SEPA Public Information. All documents required by the SEPA Rules (Chapter 197-11 WAC) shall be retained by the City and made available in accordance with Chapter 42.17 RCW (Washington state Open Government Act). Ord. 2312 ~1, 10-1-84; Ord. 1980 ~7, 7-29-78.) 15.04.250 Fees. The following fees shall be re- quired for actions by the City in accordance with the provisions of this Chapter. A. Threshold determination. For every environ- mental assessment to be performed by the City when the City is lead agency, a fee of fifty dollars shall be required of the proponent of the proposal. This fee shall be collected prior to undertaking the threshold determination, and the time periods provided by this Chapter for making a threshold determination shall not begin to run until payment of the fee. B. Environmental Impact statements. 1. For all proposals requiring an EIS for which the City is the lead agency and for which the Responsible Official determines that the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in the preparation of an EIS. If it is determined that an EIS is required, applicants shall be advised of and shall post bond or otherwise insure payment of such costs. 2. The Responsible Official may determine that the City will contract directly with a consultant for preparation of environmental documents for activi- 15-12 6-90 15.04.250 - 15.04.260 ties initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. Applicants may be required to post bond or otherwise insure payment of such costs. 3. In the event that a proposal is modified so that an EIS is no longer required, the Responsible Official shall refund any costs collected under divi- sions 1 and 2 of this subsection which were collected for costs not incurred. C. No fee shall be collected by the City for performing its duties as a consulted agency. D. The City may charge any person for copies of any document prepared pursuant to the requirements of this Chapter, and for mailing thereof, in a manner pro- vided by Chapter 42.17 RCW. E. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Chapter relating to the applicant's proposal. (Ord. 2312 ~1, 10-1-84; Ord. 1980 ~8, 7-29-78; Ord. 1886 ~10, 7-15-76.) 15.04.260 Authoritv to Denv or Condition Action to Mitiqate or Prevent Adverse Environmental Impact. A. The City shall have the authority to deny or condition an action so as to mitigate or prevent adverse environmental impacts. This authority applies to all City activities, including actions as defined in this Chapter, whether or not such activities are considered to be ministerial in nature. B. The policies and goals set forth in this Chap- ter are supplementary to those in the existing author- ization of the city of Port Angeles. C. The City may attach conditions to a permit or approval for a proposal so long as: 1. Such conditions are necessary to miti- gate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this Chapter; and 2. Such conditions are in writing; and 3. The mitigation measures included in such conditions are reasonable and capable of being accom- plished; and 4. local, State the proposal impacts; and 5. Such conditions are based on one or more policies in subsection E of this Section and cited in the license or other decision document. D. The city may deny a permit or approval for a proposal on the basis of SEPA so long as: The City has considered whether other or Federal mitigation measures applied to are sufficient to mitigate the identified 15-13 5-89 15.04.260 1. A finding is made that approving the pro- posal would result in probable significant adverse en- vironmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this Chapter; and 2. A finding is made that there are no rea- sonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and 3. The denial is based on one or more poli- cies identified in subsection E of this Section and identified in writing in the decision document. E. The City designates and adopts by reference the following policies as the basis for the City's exercise of authority pursuant to this Section: 1. The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the State and its citizens may: a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of Washington safe, healthful, productive, and aesthetically and cul- turally pleasing surroundings; c. Attain the widest range of benefi- cial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; d. tural, and natural Preserve important historical, cul- aspects of our national heritage; Maintain, wherever possible, an supports diversity and variety of e. environment which individual choice; f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 3. The City adopts by reference the pOlicies in the following City codes, ordinances, resolutions, plans: a. The City Comprehensive Plan (Ordi- nance No. 1885, as amended); b. The City Zoning Ordinance (Ordinance No. 1709, as amended); c. The City Subdivision Regulations (Ordinance No. 1631, as amended); 15-14 5-89 ~ 15.04.260 - 15.04.270 d. The Shoreline Master Program (Ordi- nance No. 2033, as amended); e., The City Environmental Policy Act (PAMC 15.04); f. Any other policies of the City which have been incorporated into resolutions, regulations, ordinances, plans or codes. C. Any conditional approval or denial of a pro- posal by the Responsible Official which does not require approval by the City Council may be appealed to the City Council by filing a written notice with the City Clerk within ten days following the date of decision by the Responsible Official. At its next regularly scheduled meeting, the City Council shall set the date for a public hearing, notice of which shall be published in a news- paper of general circulation at least ten days prior to said hearing. Review by the City Council shall be on a de novo basis, in accordance with requirements of Section 15.04.280 B, C and O. After the public hearing, the Council shall affirm the decision of the Responsible Official, reverse the decision, modify the decision, or remand the decision in light of facts not previously available to the Responsible Official. (Ord. 2312 ~1, 10-1-84; Ord. 2099 ~1, 9-15-80; Ord. 1886 ~11, 7-15-76.) 15.04.270 Public Notice. A. Whenever the City of Port Angeles issues a ONS under WAC 197-11-340(2) or a OS under WAC 197-11-360(3) the City shall give public notice as follows: 1. If public notice is required for a non- exempt license, the notice shall state whether a OS or ONS has been issued and when comments are due. 2. If no public notice is required for the permit or approval, the City shall give notice of the ONS or OS by: a. Posting the property, for site- specific proposals; b. Publishing notice in a newspaper of general circulation in the County, City, or general area where the proposal is located. 3. Whenever the City issues a OS under WAC 197-11-360(3), the City shall state the scoping proce- dure for the proposal in the OS as required in WAC 197- 11-408 and in the public notice. B. Whenever the City issues a OEIS under WAC 197- 11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: 1. Indicating the availability of the OEIS in any public notice required for a nonexempt license; and 2. proposals; 3. Publishing notice eral circulation in the County, where the proposal is located. Posting the property, for site-specific in a newspaper of gen- City, or general area 15-15 5-89 15.04.270 - 15.04.280 C. Whenever possible, the City shall integrate the public notice required under this section with exist- ing notice procedures for the City's nonexempt permits or approvals required for the proposal. D. The City may require an applicant to complete the public notice requirements for the applicant's pro- posal at his or her expense. (Ord. 2312 ~1, 10-1-84.) 15.04.280 Appeals. The city of Port Angeles es- tablishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: A. Any agency or person may appeal the City's procedural compliance with Chapter 197-11 WAC for issuance of the following: 1. A final DNS. Appeal of the DNS must be made to the Planning Commission within ten (10) days of the date the DNS is final (see WAC 197-11-390(2) (a)). 2 . A DS. The appeal must be made to the Planning Commission within ten (10) days of the date the DS is issued. 3. An EIS. Appeal of the FEIS must be made to the Planning Commission within ten (10) days of the date the permit or other approval is issued. B. For any appeal under this subsection, the City shall provide for a record that shall consist of the following: 1. Findings and conclusions; 2. Testimony under oath; and 3. A taped or written transcript. C. The City may require the appellant to provide an electronic transcript. D. The procedural determina tion by the City's Responsible Official shall carry substantial weight in any appeal proceeding. The City shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 2312 ~1, 10-1-84.) 15-16 5-89 Sections: 15.08.010 15.08.020 15.08.030 15.08.040 15.08.050 15.08.060 15.08.070 15.08.080 15.08.090 15.08.100 15.08.105 15.08.110 15.08.120 15.08.130 15.08.010 - 15.08.020 Chapter 15.08 SHORELINE MANAGEMENT Shoreline Management Act Adopted. RCW Subsections Adopted by Reference. Washington Administrative Code - Shoreline Guidelines Adopted. Clallam County Master Program Adopted. Definitions. Permit Applications. Shoreline Advisory Committee. Staff Assistance. Public Hearing. Council Action. Council Hearing. Rescission of Permits. Inspection. General Penalty. 15.08.010 Shoreline Manaqement Act Adonted. The City adopts by reference and affirms the provisions of RCW 90.58.020 which establishes the State policy with regard to use of the shorelines. (Ord. 2033 ~1, 7-17-79.) 15.08.020 RCW Subsections Adopted bv Reference. The City adopts by reference the following sections or subsections of Chapter 90.58 RCW: RCW 90.58.030 - Definitions and concepts. .040 - Program applicable to shorelines of the state. .050 - Program as cooperative between local government and state - Responsibilities differentiated. .100(1) Program as constituting use regulations. .140 - Development permits - Grounds for granting - Administration by local government, conditions - Applications - Notices - Rescission - When permits not required - Approval when permit for variance or conditional use. .150 - Selective commercial timber cutting when. .160 - Prohibition against surface drilling for oil or gas, where. .180 - Appeals from granting, denying or rescinding permits, procedure - Board to act, when - Local government appeals to board - Grounds for declaring master program invalid - Appeals to court, procedure. 15-17 7-90 15.08.020 - 15.08.040 RCW 90.58.190 - Review and adjustments to master programs. .210 - Court actions to insure against conflicting uses and to enforce. .230 - Violators liable for damages resulting from violation - Attorney I s fees and costs. .240 - Additional authority granted department and local governments. .270 - Nonapplication to certain structures, docks, developments, etc., placed in navigable waters - Nonapplication to certain rights of action, authority. .320 - Height limitation respecting permits. (Ord. 2033 ~2, 7-17-79.) 15.08.030 Washinqton Administrative Code - Shore- line Guidelines Adopted. The City adopts by reference the following sections or subsections of Chapter 173-14 WAC: WAC 173-14-030 - Definitions. -050 - Application of the permit system to substantial development undertaken prior to the act. -060 - Time requirement of permit. -062 - Applicability of permit system to federal agencies. -070 - Notice required. -090 - Filing with department and attorney general. -100 - Review criteria for substantial development permits. -110 - Application for substantial develop- ment, conditional use, or variance permit. -115 - Letter of exemption. -120 - Permits for substantial development, conditional use, or variance. -130 - Department review of conditional use and variance permits. -140 - Review criteria for conditional use permits. -150 - Review criteria for variance permits. -170 - Requests for review. -174 - certification of requests for review. -180 - Regulatory orders by local government or the department. -190 - Hearings on regulatory orders. (Ord. 2033 ~3, 7-17-79.) 15.08.040 Clallam County Master Proqram Adopted. Pursuant to WAC 1~3-19-130, the Clallam County Shoreline Master Program, approved August 5, 1976, as amended by Clallam County Resolution No. 157, October 21, 1976; 15-18 5-89 15.08.040 - 15.08.070 Resolution No. 101, April 4, 1978; Resolution No. 336, December 4, 1978; and Resolution No. 215, October 16, 1979, has been adopted for the City and is ratified and readopted as the Shoreline Master Program for the City. (Ord. 2065 91, 2-16-80; Ord. 2033 93, 7-17-79.) 15.08. 050 Definitions. In addition to those definitions contained within RCW 90.58.030 and WAC 173- 14-030, the following terms shall have the following meanings, unless the context indicates otherwise: A. "Advisory committee" means the Port Angeles City Planning Commission. B. "Council" means the City Council of the City. C. "Local government" means the City. D. "Master program" means the Comprehensive Shoreline Use Plan for Clallam County and the use regu- lations, together with maps, charts, diagrams or other descriptive material and text; a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020 as adopted and amended by the city. E. "The Planning Department" means the Planning Department of the city. F. "Public Works Department" means the Public Works Department of the city. G. "Shorelines" means all the water areas within the City. H. "Shorelines of statewide significance" means those shorelines described in RCW 90.58.020(2) (e) which are within the City. I. "Shorelines of the City" means the total of all shorelines and shorelines of statewide significance within the City. (Ord. 2033 95, 7-17-79.) 15.08.060 Permit ApPlications. A. Application for all permits required under this Chapter shall be made with the Planning Department by the property owner, lessee, contract purchaser or other person entitled to possession of the property, or by an authorized agent. B. A filing fee shall be paid to the Planning Department at the time an application is filed. The amount of the fee shall be set by resolution of the City Council, and may be amended or changed by resolution from time to time, or as necessary. (Ord. 2143 93, 6-1-81; Ord. 2033 96, 7-17-79.) 15.08.070 Shoreline Advisorv Committee. A. The Council appoints the Planning Commission as the Shorelines Advisory Committee, which shall con- sider applications and make recommendations regarding permits, based on the policies contained under Chapter 90.58 RCW, the provisions of Chapter 173-14 WAC and the Clallam County Master Program, as adopted and amended by the city. ' 15-19 5-89 15.08.070 - 15.08.090 The Advisory Committee shall periodically re- view the Master Program and make recommendations to the city council regarding such adjustments as are neces- sary. B. The Advisory Committee shall consist of the seven members of the Planning Commission. C. Four members of the Committee shall constitute a quorum to conduct business and make recommendations. A majority of those present shall be required to make a recommendation. The Committee shall be governed by the bylaws of the Planning Commission. D. The Advisory Committee shall review an appli- cation for a permit based on the following: 1. The application; 2. The environmental impact statement, if one has been prepared; 3 . Written comments from interested persons; 4. Information and comments from other City Departments, if applicable; 5. Independent study of the Advisory Com- mittee and of the Planning Department; and 6. Evidence presented at the pUblic hearing, if any, held pursuant to provisions of this Chapter. The Advisory Committee may require that an applicant furnish information in addition to the in- formation required in the application forms prescribed. E. The Advisory Committee shall transmit its recommendations in writing to the Council within a reasonable time after the public hearing. (Ord. 2033 ~7, 7-17-79.) 15.08.080 Staff Assistance. A. The Planning Department shall prepare an agenda of matters to be considered by the Committee. A copy of the agenda shall be mailed to persons who have expressed an interest in presenting their views on an application. The agenda shall state the time and place where the Committee will conduct its public meeting, and the notice to interested parties shall be sent not less than six days prior to the date of the public hearing. B. The Planning Department shall provide staff assistance, printing and publication expenditures, and any other assistance as may be hereafter designated by the Council to assist the Advisory Committee in carrying out its responsibilities. C. The Planning Department is authorized to respond to letters of exemption, in accordance with WAC 173-14-115, and other requests for information pertain- ing to the Shoreline Master Program. (Ord. 2134 ~1, 4-19-81; Ord. 2033 ~8, 7-17-79.) 15.08.090 Public Hearinq. A. Public hearings on all permit applications under this Chapter shall be conducted by the Advisory Committee. 15-20 5-89 15.08.090 - 15.08.110 B. If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be com- pleted on the date set for such hearing, the Advisory Commi ttee may, before adj ournment or recess of such matters under consideration, publicly announce the time and place of the continued hearing, and no further notice is required. C. The Advisory Committee shall have the power to prescribe rules and regulations for the conduct of hear- ings before it. (Ord. 2033 ~9, 7-17-79.) 15.08.100 Council Action. A. Upon receipt of the recommendation from the Advisory Committee, if the Council is in agreement with the findings and conclusions of the Advisory Committee, it shall prepare a final order based on said findings and conclusions. If the Council is in disagreement with any or all of the findings and conclusions of the Ad- visory Committee, it shall enter its own findings and conclusions and order based upon the following: 1. The application; 2. The environmental impact statement, if one has been prepared; 3. Wri tten comments submitted to the Advisory Committee by interested persons; 4. Testimony from the public hearing, if one 'I r' was held; 5. Information and comment from other City Departments, if applicable; 6. Independent study of the Advisory Com- mittee and of the Planning Department. Said findings and conclusions shall set forth the manner in which the decision is consistent with the criteria set forth in this Chapter. B. The decision of the Council shall be the final decision of the City on all applications, and the Coun- cil shall render a written decision including findings, conclusions, and a final order, and shall transmit copies of its decision :to the persons who are required to receive copies of the decision pursuant to this Chapter. (Ord. 2033 ~10, 7-17-79.) 15.08.105 Council Hearing. Before making its final decision on shoreline applications, the City Council may conduct a public hearing at its discretion with notice being given as set forth in RCW 90.58.140(4). (Ord. 2595 ~10, 6-27-90.) 15.08.110 Rescission of Permits. A. Any permit granted pursuant to this Chapter may be rescinded or modified upon a finding by the Council that the permittee has not complied with the conditions of his permit. 15-21 ,,:'I-- .' 7-90 15.08.110 15.08.130 B. The Council may initiate rescission and modification proceedings by serving written notice of noncompliance on the permittee. C. Before a permit can be rescinded or modified, a public hearing shall be held by the Council no sooner than ten days following the service of notice on the permi ttee. The Council shall have the power to pre- scribe rules and regulations for the conduct of such hearings. D. This Section shall not affect or abate any legal action taken by the city against a permittee for noncompliance with permit conditions. (Ord. 2033 ~11, 7-17-79. ) 15.08.120 Inspection. The Planning Director or his designee or Building Inspectors may inspect proper- ties as necessary to determine whether permittees have complied with conditions of their respective permits. Whenever there is reasonable cause to believe that de- velopment has occurred upon any premises in violation of the conditions of an issued permit and/or the Shoreline Management Act of 1971 and/or this Chapter, the Planning Director or his designee may enter upon such premises at all reasonable times to inspect the same. Such City employees shall present proper credentials before demanding entry. If such premises are unoccupied, a reasonable effort shall be made to locate the owner or tenant and demand entry. (Ord. 2033 ~12, 7-17-79.) 15.08.130 General Penalty. Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. Such person is guilty of a separate of- fense for each and every day during any portion of which violation of this Chapter is committed, continued or permitted by such person. (Ord. 2033 ~13, 7-17-79.) 15-22 7-90 Sections: 15.12.010 15.12.020 15.12.030 15.12.040 15.12.050 15.12.060 15.12.070 15.12.075 15.12.076 15.12.080 15.12.090 15.12.100 15.12.110 15.12.120 15.12.130 15.12.140 15.12.150 15.12.160 15.12.163 15.12.166 15.12.180 15.12.190 15.12.200 15.12.210 15.12.215 15.12.216 15.12.220 15.12.230 15.12.235 Chapter 15.12 FLOOD DAMAGE PREVENTION ARTICLE I. GENERAL PROVISIONS Title. Purpose. General Provisions. Compliance Required. Interpretation and Application. More Stringent Regulations to Apply in Case of Conflict. Disclaimer of Liability. ARTICLE II. DEFINITIONS Appeal. Area of Shallow Flooding. Area of Special Flood Hazard. Breakaway Wall. Coastal High Hazard Area. Development. Flood or Flooding. Flood Insurance Rate Map (FIRM). Flood Insurance Study. Floodway. Lowest Floor. Manufactured Home. Manufactured Home Park or Subdivision. New Construction. Start of Construction. Structure. Substantial Improvement. Variance. Water Dependent. ARTICLE III. ADMINISTRATION Duties of Director of Public Works. Duties of Planning Director. Variance Procedure. ARTICLE IV. REQUIREMENTS AND STANDARDS 15.12.240 Development Permit Required - Application Requirements. 15.12.250 Standards Generally. 15.12.260 provisions for Flood Hazard Protection Reduction - General Standards. 15-23 10-90 15.12.010 - 15.12.030 sections: (Cont'd) ARTICLE IV. REQUIREMENTS AND STANDARDS (Cont'd) 15.12.270 15.12.330 15.12.335 15.12.340 Specific Standards. Floodways. Wetlands Management. Coastal High Hazard Area. ARTICLE V. VIOLATION 15.12.350 Violation is Misdemeanor. ARTICLE I. GENERAL PROVISIONS 15.12.010 Title. This Chapter may be cited as the Flood Damage Prevention Chapter of the City of Port Angeles. (Ord. 2091 ~1, 8-9-80.) 15.12.020 Puroose. It is the purpose of this Chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas of the City, by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money and costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding, and generally under- taken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, tele- phone, and sewer lines, and streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by pro- viding for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To ensure that those who occupy areas of special flood hazard assume responsibility for their actions; H. To assure the availability of flood insurance within the City of Port Angeles. (Ord. 2514 ~1, 12-30-88; Ord. 2445 ~1, 6-23-87; Ord. 2091 ~2, 8-9-80.) 15.12.030 General Provisions. A. Lands to which this Chapter applies: This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Port Angeles. B. Basis for establishing the areas of special flood hazard: The areas of special flood hazard identified by the Federal Insurance Administration in a 15-24 10-90 15.12.030 - 15.12.075 scientific and engineering report entitled Flood Insurance Studv for the ci tv of Port Anqeles, dated February, 1980, and revised September 28, 1990, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study is on file at the office of the City Clerk, 321 East Fifth Street, Port Angeles, Washington 98362. (Ord. 2616 ~1, 10-26-90; Ord. 2514 ~3, 12-30-88; Ord. 2445 ~3, 6-23-87; Ord. 2091 ~4, 8-9-80.) 15. 12 . 040 Compl iance Required. No structure or land shall hereafter be constructed, located, extended, converted or altered without compliance with the terms of this Chapter as well as all other applicable regula- tions. (Ord. 2091 ~5, 8-9-80). 15.12.050 Interpretation and Application. In the interpretation and application of this Chapter, all pro- visions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 2091 ~7, 8-9-80. ) 15.12.060 More strinqent Requlations to Applv in Case of Conflict. Should the provisions of this Chapter and any other ordinance, easement, covenant or deed con- flict or overlap, whichever regulation imposes the more stringent regulations shall prevail. (Ord. 2091 ~6, 8-9-80. ) 15.12.070 Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes; it is based on scientific and engineering considerations. Larger floods can, and will, occur on rate occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flood damages. This Chapter shall not create liability on the part of the City, any employee or officer thereof, or the Federal Insurance Administra- tion, during any flood damages that may result from a reliance on this Chapter, or any administrative decision made hereunder. (Ord. 2091 ~8, 8-9-80.) ARTICLE II. DEFINITIONS 15.12.075 Appeal. "Appeal" means a request for a review of the Director of Public Works' interpretation of any provision of this Chapter or a request for a variance. (Ord 2445 ~2 (part), 6-23-87.) 15-25 10-90 15.12.076 15.12.120 15.12.076 Area of Shallow Flooding. "Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpre- dictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. (Ord. 2514 ~2, 12-30-88.) 15.12.080 Area of Special Flood Hazard. "Area of special flood hazard" means the land in the floodplain within a community sUbject to a one percent or greater chance of flooding in any given year. (Ord. 2445 ~2 (part), 6-23-87; Ord. 2091 ~3 (part), 8-9-80.) 15.12.090 Breakawav Wall. "Breakaway wall" means a wall that is not a part of the structural support of the building and is intended through its design and con- struction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. (Ord. 2445 ~2 (part), 6-23-87; Ord. 2091 ~3 (part), 8-9-80.) 15.12.100 Coastal Hiqh Hazard Area. "Coastal high hazard area" means the area subj ect to high velocity waters, including but not limited to, storm surges or tsunamis. The area is designated on a FIRM as Zone VI-30. (Ord. 2091 ~3 (part), 8-9-80.) 15.12.110 Development. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. (Ord. 2091 ~3 (part), 8-9-80.) 15.12.120 Flood or Floodinq. "Flood" or "flood- ing" means a general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters; and/ or B. The unusual and rapid accumulation of runoff of surface waters from any source. (Ord. 2091 ~2 (part), 8-9-80.) 15-26 10-90 15.12.130 - 15.12.180 15.12.130 Flood Insurance Rate Map (FIRM). "Flood insurance rate map" (FIRM) means the official map on which the Federal Insurance Administration has delin- eated both the areas of special flood hazard and the risk premium zones applicable to the community. (Ord. 2091 ~3 (part), 8-9-80.) 15.12.140 Flood Insurance study. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. (Ord. 2091 ~3 (part), 8-9-80. ) 15.12.150 Floodway. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Ord. 2091 ~3 (part), 8-9-80.) 15.12.160 Lowest Floor. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the struc- ture in violation of the applicable non-elevation design requirements of this Chapter found at 15.12.270 (A) 1. (Ord. 2445 ~2 (part), 6-23-87.) 15.12.163 Manufactured Home. "Manufactured home" means a structure, transportable in one or more sec- tions, which is built on a permanent chassis and is de- signed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. (Ord. 2445 ~2 (part), 6-23-87.) 15.12.166 Manufactured Home Park or Subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 2445 ~2 (part), 6-23-87.) 15.12.180 New Construction. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Chap- ter. (Ord. 2445 ~2 (part), 6-23-87.) 15-27 5-89 15.12.190 15.12.215 15.12.190 start of Construction. "start of con- struction" includes E\ubstantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the place- ment of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (Ord. 2445 ~2 (part), 6-23-87; Ord. 2091 ~3 (part) 8-9-80.) 15.12.200 structure. "structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. (Ord. 2445 ~2 (part), 6-23-87; Ord. 2091 ~3 (part), 8-9-80.) 15.12.210 Substantial Improvement. "Substantial improvement" means any repairs, reconstruction, or im- provement of a structure, the cost of which equals or exceeds fifty percent of the market value of the struc- ture either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commenced, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a struc- ture to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a state Inventory of Historic Places. (Ord. 2445 ~2, (part), 6-23-87; Ord. 2091 ~3 (part), 8-9-80.) 15.12.215 Variance. "Variance" means a grant of relief from the requirements of this Chapter which per- mits construction in a manner that would otherwise be prohibited by this Chapter. (Ord. 2445 ~2 (part), 6-23-87. ) 15-28 5-89 15.12.216 - 15.12.220 15.12.216 Water Dependent. "Water Dependent" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operation. (Ord. 2514 ~2, 12-30-88.) ARTICLE III. ADMINISTRATION 15.12.220 Duties of Director of Public Works. The Director of Public Works shall be primarily responsible for the administration and implementation of this Chap- ter. The Director of PUblic Works shall perform the following duties: A. Review all development permits other than for subdivisions, short subdivisions and planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this Chapter have been satisfied; 2. That all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; 3. If the proposed development is located in the floodway, and if so, located to assure that the en- croachment provisions of this Chapter are complied with. B. When base flood elevation data has not been provided in accordance with Section 15.12.030 - General provisions, the Director of Public Works shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer specific standards and floodways. C. Obtain and record the following information: 1. Where base flood elevation data is pro- vided through the Flood Insurance Study or required as in PAMC 15.12.220(B), obtain and record the actual ele- vation, in relation to mean sea level, of the lowest habitable floor (including basement) of all new or sub- stantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures: a. Verify and record the actual eleva- tion in relation to mean sea level; and b. Maintain the floodproofing certi- fications required by this Chapter. D. Maintain for public inspection all records pertaining to the provisions of this Chapter. E. Notify adjacent communities and the office of the State Department of Ecology prior to any alteration or relocation of any watercourse, and submit evidence of such notification to the Federal Insurance Administra- tion. F. Require that maintenance is provided within the altered or relocated portion of said water course so that the flood carrying capacity is not diminished. 15-29 5-89 15.12.220 15.12.235 G. Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a confl ict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in Section 15.12.240. (Ord. 2425 ~1, 3-15-89; Ord. 2415 ~4, 12-30-88; Ord. 2445 ~4, 6-23-87; Ord. 2091 ~10, 8-9-80.) 15.12.230 Duties of Planninq Director. The Plan- ning Director shall perform the following duties: A. Review all permits for subdivisions, short subdivisions or planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this Chapter have been satiSfied; 2. That all necessary permits have been ob- tained from those Federal, State or local governmental agencies from which prior approval is required. B. Transmit to the Department of Public Works all information required under the terms of this Chapter. (Ord. 2091 ~11, 8-9-80.) 15.12.235 Variance Procedure. A. Appeal Board: 1. The Board of Adjustment as established by the City of Port Angeles shall hear and decide appeals and requests for variances from the requirements of this Chapter. 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works in the enforcement or adminis- tration of this Chapter. 3. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of Clallam County, as provided in Chapter 2.52 PAMC. 4. In passing upon such applications, the Board of Adjustment shall consider all technical evalua- tions, all relevant factors, standards specified in other sections of this Chapter, and: a. the danger that materials may be swept onto other lands to the injury of others; b. the danger to life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance of the services pro- vided by the proposed facility to the community; e. the necessity to the facility of a water front location, where applicable; 15-30 9-90 15.12.235 f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with existing and anticipated development; h. the relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for that area; i. the safety of access to the property in times of flood for ordinary and emergency vehicles; j. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applic- able, expected at the site; and k. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facili- ties such as sewer, gas, electrical, and water systems, and streets and bridges. 5. Upon consideration of the factors of Sub- Section A(4) and the purposes of this Chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the pur- poses of this Chapter. 6. The Director of Public Works shall main- tain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Conditions for Variances: 1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size con- tiguous to and surrounded by lots with existing struc- tures constructed below the base flood level, providing items (a - k) in Sub-Section A(4) have been fully con- sidered. As the lot size increases, the technical jus- tification required for issuing the variance increases. 2. Variances may be issued for the recon- struction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. 3. Variances shall not be issued wi thin a designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum neces- sary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: a.' a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; 15-31 5-89 15.12.235 15.12.240 c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimiza- tion of the public as identified in Sub-Section A(4), or conflict with existing local laws or ordinances. 6. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. 7. Variances may be issued for non-residen- tial buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry- floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Sub-Section B(l), and otherwise complies with the general standards. 8. Any applicant to whom a variance is granted shall be given written notice that the structure will be permi tted to be built wi th a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 2445 ~5, 6-23-87.) ARTICLE IV. REQUIREMENTS AND STANDARDS 15.12.240 Development Permit Reauired - Applica- tion Reauirements. A. A development permit shall be required before construction or development within an area of special flood hazard established in PAMC 15.12.030B. If a permit for any development is required under another city ordinance, the development permit shall be combined with that permit. The permit shall be for all structures including manufactured homes, as set forth in the "Definitions", and for all development, including fill and other activities, also as set forth in the "Definitions". B. The application for development permit shall be made on forms furnished by the Department of Public Works. The application may include but shall not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information shall be required: 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all struc- tures; 15-32 9-90 . 15.12.240 - 15.12.260 2. Elevation in relation to mean sea level to which any structure has been flood-proofed; 3. Certification by a registered profes- sional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood- proofing criteria of this Chapter; 4. A description of the extent to which any water course will be altered or relocated as a result of the proposed development. (Ord. 2514 ~5, 12-30-88; Ord. 2091 ~9, 8-8-80.) 15.12.250 Standards Generallv. In all areas of special flood hazards, the standards set forth in Sec- tions 15.12.260 through 15.12.320 are required. (Ord. 2091 ~12 (part), 8-8-80.) 15.12.260 provisions for Flood Hazard Protection Reduction - General Standards. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and substantial im- provements shall be anchored to prevent flotation, col- lapse, or lateral movements of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral move- ment and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA' s "Manu- factured Home Installation in Flood Hazard Areas" guide- book for additional techniques). B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical heating, ventilation, plumb- ing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accu- mulating within the components during conditions of flooding. C. utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate in- filtration of flood waters into the system. 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 15-33 5-89 15.12.260 - 15.12.270 D. Subdivision Proposals. 1. All subdivision proposals shall be con- sistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Where base flood elevation data has not been provided or is not available from another authori- tative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). E. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (See PAMC 15.12.220(B)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonable- ness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 2445 ~6, 6-23-87; Ord. 2091 ~12 (part), 8-8-80.) 15.12.270 Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.12.030 General provisions, or PAMC 15.12.220(B), the following provisions are required: A. Residential Construction. 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped wi th screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. 15-34 10-90 15.12.270 - 15.12.330 B. Non-Residential Construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection, based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in PAMC 15.12.220(C). 4. Non-residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Sub- Section (A). 5. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are at base flood level C. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones Al-30, AH, and AE on the City's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of PAMC 15.12.260 (A) . This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. (Ord. 2616 ~3, 10-26-90; Ord. 2524 ~2, 3-15- 89; Ord. 2514 ~7, 12-30-88; Ord. 2445 ~7, 6-23-87; Ord. 2091 ~12 (part), 8-8-80.) 15.12.330 Floodways. Located within areas of special flood hazard as established in Section 15.12.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Encroachments, including fill, new construc- tion, substantial improvements, and other development 15-35 10-90 15.12.330 - 15.12.340 are prohibited, unless certification by a registered professional engineer or architect is provided demon- strating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways except for: 1. repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and 2. repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either i. before the repair, reconstruction, or repair is started, or ii. if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50 percent. C. If Section 15.12.330(A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Chapter. (Ord. 2514 ~8, 12-30-88; Ord. 2445 ~8, 6-23-87; Ord. 2091 ~13, 8-8-80.) 15.12.335 Wetlands Manaqement. To the maximum extent possible, in order to avoid the short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts, the following measures will be considered: A. Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain. B. Ensure that development activities in or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. C. Request technical assistance from the Depart- ment of Ecology in identifying wetland areas. (Ord. 2514 ~9, 12-30-88.) 15.12.340 Coastal Hiqh Hazard Area. Located within areas of special flood hazard established in PAMC 15.12.030 are Coastal High Hazard Areas, designated as Zones V1-V30, VE and/or V. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all provisions in this Chapter, the following provisions shall also apply: A. Due to the dynamic nature of coastal high hazard areas located along the Pacific Ocean, in areas 15-36 10-90 lit 15.12.340 with designated Velocity Zones (V-zones) from Cape Disappointment to Cape Flattery, the following standards shall apply: 1. Prohibit new or substantially improved construction in designated V-zones; exceptions are for needed water dependent structures or structures that facilitate public recreational access to the shore. structures which require siting in the V-zone should be sited landward of the primary dune if an active dune system is associated with the V-zone. 2. Prohibit any alteration of dunes in the above designated V-zones which could increase potential flood damage; this restriction includes prohibiting any modification or alteration or disturbance of vegetative cover associated with dunes located in designated V- zones. B. All new construction and substantial improvements in Zones V1-V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that: 1. the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and 2. the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (1) and (2) of this section. C. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones Vl-30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information. D. All new construction shall be located landward of the reach of mean high tide. E. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. For the 15-37 10-90 . 15.12.340 - 15.12.350 purpose of this Section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1. breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. the elevated portion of the building and supporting foundation system shall not be subj ect to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simul taneously on all building components (structural and non-structural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). F. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. G. Prohibit the use of fill for structural support of buildings. (Ord. 2616 ~4, 10-26-90; Ord. 2514 ~10, 12-30-88; Ord. 2445 ~9, 6-23-87; Ord. 2091 ~14, 8-8-80. ) ARTICLE V. VIOLATION 15.12.350 Violation is Misdemeanor. No struture or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter. Violation or failure to comply with the provisions of this Chapter shall be a misdemeanor. Each day that a violation continues shall constitute a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any viola- tion. (Ord 2514 ~6, 12-30-88; Ord. 2091 ~16, 8-8-80.) 15-38 10-90 15.24.090 - 15.24.120 D. Activities or adjuncts thereof which are or become public nuisances shall not be entitled to continue as non-conforming activities. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.100 - Judicial Review. Any decision or order issued by the City of Port Angeles pursuant to this Chapter, including decisions concerning denial, approval, or conditional approval of a Wetland Permit, may be judicially reviewed in the Clallam County Superior Court, provided that: A. available administrative remedies, including appeals available pursuant to Subsection 15.24.0601, have been exhausted; and B. such litigation is commenced within fifteen (15) days after service of such order or issuance of notice of such decision, as the case may be. Based on these proceedings and consistent with any decision of the Court that is adverse to the City of Port Angeles, the City may elect to: 1. Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land; 2. Approve the permit application with lesser restrictions or conditions; or 3. Other appropriate actions ordered by the Court that fall within the jurisdiction of the City of Port Angeles. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.110 - Amendments. These regulations and the maps used to identify wetland critical areas may from time to time be amended in accordance with the procedures and requirements in the general statutes and as new information concerning wetland location, soils, hydrology, flooding, or wetland plants and wildlife become available. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.120 - Assessment Relief. The Assessor of Clallam County shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restriction with the City of Port Angeles or a non-profit organization to permanently control some or all regulated activities in the wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessments on the controlled wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. (Ord. 2655 ~ 1 (part), 11-29-91.) 15-96 11-91 - , t J · - ~ ~ L , 15.24.080 - 15.24.090 violation. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the environmental impact of the violation. The penalty provided in this subsection shall be appealable to the Superior Court of Clallam County. 5. Aiding or abetting: Any person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. 6. Notice of penalty: Civil penalties imposed under this Section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Department and/or the City of Port Angeles, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary correction action within a specific time. 7. Application for remission or mitigation: Any person incurring a penalty may, apply in writing within thirty days of receipt of the penalty to the Planning Director for remission or mitigation of such penalty. Upon receipt of the application, the City of Port Angeles may remit or mitigate the penalty upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 8. Appeals: Orders and penalties issued pursuant to this subsection may be appealed as provided for in Subsection 15.24.0701. 9. Criminal penalties shall be imposed on any person who wilfully or negligently violates this Chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this Chapter; or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this Chapter or pursuant to a Wetland Permit. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.090 - Non-Conforming Activities. A regulated activity which was approved prior to the passage of this Chapter and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this Chapter, may be continued subject to the following: A No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its non-conformity without a permit issued pursuant to the provisions of this Chapter; B. Except for cases of discontinuance as part of normal agricultural practices, if a non-conforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this Chapter; C. If a non-conforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with the provisions of this Chapter; 15-95 11-91 15.24.080 in the City of Port Angeles, the City publication to be no later than 10 days after issuance of the emergency permit. The emergency permit may be terminated at any time without process upon a determination by the Planning Director that the action was not or is no longer necessary to protect human health or the environment. C. Enforcement: 1. General enforcement: The City of Port Angeles shall have authority to enforce this Chapter, any rule or regulation adopted, and any permit or order issued, pursuant to this Chapter, against any violation or threatened violation thereof. The City of Port Angeles is authorized to issue violation notices and administrative orders, levy fines, and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this Chapter, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this Chapter, shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. Enforcement actions shall include Civil Penalties, Administrative Orders and Actions for Damages and Restoration. 2. Injunctive relief: The City of Port Angeles may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a regulated wetland or their buffers which are inconsistent with this Chapter or an applicable wetlands protection program. 3. Cease and desist order: The City of Port Angeles may serve upon a person a cease and desist order if an activity being undertaken on regulated wetlands or its buffer is in violation of this Chapter or any permit issued to implement this Chapter. Whenever any person violates this Chapter or any permit issued to implement this Chapter, the City of Port Angeles may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom. Content of Order: The order shall set forth and contain: (a) A description of the specific nature, extent, and time of violation and the damage or potential damages. (b) A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific correction action to be taken within a given time. A civil penalty may be issued with the order. (c) Effective date: The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. (d) Compliance: Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. 4. Penalties: Any person who undertakes any activity within a regulated wetland or its buffer without first obtaining a permit required by this Chapter, except as allowed in Subsection 15.24.050B, or any person who violates one or more conditions of any permit required by this Chapter or of any order issued pursuant to this Section, shall incur a penalty allowed per 15-94 11-91 . . . . '. . " . . 15.24.070 - 15.24.080 i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. which are allowed pursuant to Subsection 15.24.050B, provided such activities utilize best management practices to protect the functions and values of regulated wetlands. 1. Appeals: Any decision of the Planning Director in the administration of this Chapter may be appealed in writing to the City Council within fifteen days of the issuance of notice of the decision. J. Modification of Wetland Permits: A Wetland Permit holder may request and the Planning Director may approve modification of a previously issued Wetland Permit. K. Resubmittal of Denied Permit Applications: A Wetland Permit application which has been denied may be modified and resubmitted no earlier than one hundred eighty (180) days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a Wetland Permit application within the previous one hundred eighty (180) days. A new fee will be required for such resubmittal. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.080 - Temporary Emergency Permit - Enforcement. A. Temporary Emergency Permit: Notwithstanding the provisions of this Chapter or any other laws to the contrary, the Planning Director may issue a temporary emergency wetlands permit if: 1. The Planning Director determines that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and 2. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Chapter and other applicable laws. E. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non-emergency activities under this act and shall: 1. be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and 2. require, within this 90-day period, the restoration of any wetland altered as a result of the emergency activity; except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. Issuance of an emergency permit by the Planning Director does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notice of the issuance of the emergency permit and request for public comments shall be published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation 15-93 11-91 15.24.070 community response; 11. using photo stations to evaluate vegetation 111. sampling surfac~ and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. measuring sedimentation rates, if applicable; and vi. sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared pursuant to this section and approved by the Planning Director shall become part of the application for the permit. h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to Subsection 15.24.070H in the amount of one hundred twenty (120) percent of the expected cost of compensation. i. Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: 15-92 11-91 . . - . ~ . 15.24.070 b. Environmental Goals and Objectives: A written report shall be provided identifying goals and objectives and describing: i. The purposes of the compensation measures, including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and resource functions; dates for beginning and completion; and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland, or if out-of- kind, the type of wetland to be emulated. ii. A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria. d. Detailed Construction Plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for wetland construction and long-term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydro cycle /hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring Program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: i. establishing vegetation plots to track changes in plant species composition and density over time; 15-91 11-91 15.24.070 after activities that will temporarily disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative Restoration, Creation, or Enhancement projects: i. The Planning Director may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensa- tion projects shall: (A) submit a joint permit application; (B) demonstrate compliance with all standards; (C) demonstrate the organizational and fiscal capability to act cooperatively; and (D) demonstrate that long-term manage- ment can and will be provided. 7. Mitigation Plans: All wetland restoration, creation, and/or enhancement projects required pursuant to this Chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Planning Director. The applicant or violator shall receive written approval of the mitigation plan by the Planning Director prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Planning Director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components: a. Baseline Information: A written assessment and accompanying maps of the: i. impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations; and ii. compensation site, if different from the impacted wetland site, including, at a minimum, existing acreage; vegetative, faunal, and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. 15-90 11-91 . ,.. . ... 15.24.070 i. In-Kind compensation shall be provided except where the applicant can demonstrate that: (A) the wetland system is already signi- ficantly degraded and out-of-kind replacement will result in a wetland with greater functional value; (B) scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or (C) out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types) . (D) Where out-of-kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On-site compensation shall be provided except where the applicant can demonstrate that: (A) the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and (B) on-site compensation is not scien- tifically feasible due to problems with hydrology, soils, waves, or other factors; or (C) compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off-si te compensation shall occur wi thin the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. 111. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A) upland sites which were formerly wetlands; (B) idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately 15-89 11-91 15.24.070 . 3:1 2:1 1.5:1 1.25:1 (A) Increased Replacement Ratio: The Planning Director may increase the ratios under the following circumstances: (1) uncertainty as to the probable success of the proposed restoration or creation; (2) significant period of time between destruction and replication of wetland functions; (3) projected losses in functional 111. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self- sustaining, and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The following ratios apply to creation or restoration which is in-kind, on-site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6: 1 Category II or III Forested Scrub-shrub Emergent Category IV value; or (4) off-site compensation. (B) Decreased Replacement Ratio: The Planning Director may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1: 1 shall be required. c. Wetlands Enhancement: i. Any applicant proposing to alter wet-lands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to Subsection 15.24.070H6, provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. d. Wetland Type: 15-88 11-91 . 15.24.070 a. A brief description of the project, including location; project; b. The decision or order of the City with respect to the c. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for Wetlands Impacts: As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to Subsection 15.24.080C, the Planning Director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. Compensatory mitigation shall follow an approved mitigation plan pursuant to Subsection 15.24.070H7 and shall meet the following minimum performance standards: a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Planning Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and Hi. protect and management or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long-term persistence of the compensation area. b. Wetlands Restoration and Creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. 15-87 11-91 15.24.070 ~ 15.24.070H6 and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this Chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Planning Director shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this Chapter; ii. The posting by the applicant of a maintenance bond has occurred. b. Maintenance Bonds: The Planning Director shall require the holder of a development permit issued pursuant to this Chapter to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this Chapter perform satisfactorily for a minimum of two (2) years after they have been completed. The Planning Director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to Subsection 15.24.070H7. The maintenance bond applicable to a compensation project shall not be released until the Planning Director determines that performance standards established for evaluating the effect and success of the project have been met. 3. Other Laws and Regulations: No permit granted pursuant to this Chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or Revocation: In addition to other penalties provided for elsewhere, the Planning Director may suspend or revoke a permit if he/she finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of Notice: The Planning Director shall cause notice of his/her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five (5) working days of the decision or order and shall include at least the following: 15-86 11-91 . 15.24.070 - c. Regardless of the legal method of protection chosen by the Planning Director, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director. d. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." e. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wood or metal signs on treated or metal posts. Signs shall be worded as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Department for more information." f. Sign locations and size specifications shall be approved by the Planning Director. The Planning Director shall require permanent fencing of the sensitive area tract or tracts when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal. The Planning Director shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. g. Additional Conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Planning Director prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Planning Director may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this Chapter. 2. Bonding: a. Performance Bonds: The Planning Director shall require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to fulfill the requirements of Subsection 15-85 11-91 15.24.070 . .. The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size for an on-site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use Planned Residential Development procedures for project review. The Planning Director shall not allow credit for density for the portions of the site occupied by wetlands. H. Acting on the Application: 1. Special Use Permit Conditions: a. Sensitive Area Tracts: As a condition of any permit issued pursuant to this Chapter, the permit holder shall be required to create a separate sensitive area tract or tracts containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to Subsection 15.24.040C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain undeveloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. i. Protection of Sensitive Area Tracts: The Planning Director shall require, as a condition of any permit issued pursuant to this Chapter, that the sensitive area tract or tracts created pursuant to Subsection 15.24.070H1 be protected by one of the following methods: (A) The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non- profit entity specified by the Planning Director, an easement for the protection of native vegetation within a wetland and/or its buffer; or (B) The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. b. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." 15-84 11-91 . 15.24.070 . property, the City may take the property for public use with just compensation being made. F. Minimizing Wetlands Impacts: 1. After it has been determined by the Planning Director pursuant to Subsection 15.24.070D that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 2. Minimizing impacts to wetlands shall include but is not limited to: activity; a. limiting the degree or magnitude of the regulated activity; b. limiting the implementation of the regulated c. using appropriate and best available technology; d. taking affirmative steps to avoid or reduce impacts; e. sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; f. involving resource agencies early in site planning; and g. providing protective measures, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited Density Transfer: For development proposals on lands containing wetland buffers, the Planning Director shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DUjAcre)(Density Credit). The density credit figure is derived from the following table: Percentage of site in buffers Density Credit 1-10% 100% 11-20% 90% 21-30% 80% 31-40% 70% 41-50% 60% 51-60% 50% 61-70% 40% 71-80% 30% 81-90% 20% 91-99% 10% 15-83 11-91 15.24.070 E. Reasonable Use Exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Planning Director that application of, these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Planning Director: a. that the proposed project is water-dependent or requires access to the wetland as a central element of its basic function, or is not water-dependent but has no practicable alternative, pursuant to Subsection 15.24.070D; b. that no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); c. that there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/ or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. that the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. that disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. that the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. that the proposed activities will not cause significant degradation of groundwater or surface water quality; h. that the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; i. that any and all alterations to wetlands and wetland buffers will be mitigated as provided in Subsection 15.24.070H7; j. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this Chapter. 2. If the Planning Director determines that alteration of a wetland and/or wetland buffer is necessary and unavoidable, the Planning Director shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this Subsection. 3. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the 15-82 11-91 15.24.070 a. activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These may include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short-term scientific or educational activities, and sports fishing or hunting; b. with respect to Category II and IV wetlands, stormwater management facilities having no reasonable alternative on-site location; or c. with respect to Category III and IV wetlands, development having no feasible alternative location. 7. Building Setback Lines: A building setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Planning Director determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by Subsection 15.24.060C6. D. Avoiding Wetland Impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water-dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. b. Where nonwater-dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. 15-81 11-91 15.24.070 b. the wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or c. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. the adjacent land has minimal vegetative cover or slopes greater than 15 percent. 3. Reduction of Standard Wetland Buffer Zone Width: The Planning Director may reduce the standard wetland buffer zone widths on a case-by-case basis where it can be demonstrated that: a. the adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long- term, adverse impacts to regulated wetlands, as determined by the Planning Director, will result from a regulated activity. The Planning Director may require long-term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard Wetland Buffer Width Averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. that averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. that the wetland contains variations in sensitivity due to existing physical characteristics; c. that low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. that width averaging will not adversely impact the wetland functional values; and e. that the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. 5. Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. 6. Permitted Uses in a Wetland Buffer Zone: Regulated activities shall not be allowed in a buffer zone except for the following: 15-80 11-91 15.24.060 - 15.24.070 day period and there is insufficient information or time to process the application, a denial will be issued. (Ord. 2655 91 (part), 11-29-91.) 15.24.070 - Standards for Permit Decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this Chapter. Additionally, permits shall only be granted if: 1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The. proposed activity results in no net loss; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland Buffers: 1. Standard Buffer Zone Widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I High intensity Low intensity Category II High intensity Low intensity Category III High intensity Low intensity Category IV High intensity 50 feet Low intensity 25 feet 2. Increased Wetland Buffers Zone Width: The Planning Director shall require increased standard buffer zone widths on a case-by-case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: a. a larger buffer is necessary to maintain viable populations of existing species; or 300 feet 200 feet b. 200 feet 100 feet c. 100 feet 50 feet d. 15-79 11-91 15.24.060 the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this Chapter have been provided to the satisfaction of the Planning Director. Such determination of completeness shall not be construed as an approval or denial of the permit application. 3. Public Hearings: Following the submittal of an application determined to be complete by the Planning Director, the Planning Director shall hold a public hearing on the application, unless the Planning Director finds that the activity is so minor as to not adversely affect a wetland or wetland buffer. The Planning Director shall, at least fifteen (15) days prior to the date of the hearing, confirm that the following has been accomplished: a. a notice of the hearing has been published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Port Angeles; b. notice has been given to the latest recorded real property owners as shown by the records of the County Assessor within at least three hundred feet of the boundary of the property upon which the regulated activity is proposed; and c. notice has been posted at the proposed site of activity and at public places of assembly near the site of the proposed activity. The notices shall include a brief description of the project, including the location; the time and place of the hearing; statement that the file regarding the permit application is available for public inspection during regular business hours; the address where the file may be inspected; a request for written comments prior to the hearing and attendance and oral testimony by concerned parties at the hearing. All hearings shall be open to the public. A record of the hearings shall be made. Any person may present evidence and testimony at the hearings. At the hearings, applicants shall have the burden of demonstrating that the proposed activity will be in accordance with the purposes of this Chapter and the standards set forth below. 4. Permit Action: a. Upon receipt of a complete application for a permit authorizing activities on a Category I wetland or its buffer, the City of Port Angeles shall submit the application to the Washington State Department of Ecology for its review and comment. When such permits applications are submitted, the Washington State Department of Ecology should submit its comments or should request an extension of the review period within 30 days. Extensions may be up to 30 days in length. When submitted, no permit shall be issued under this Subsection prior to receipt of such comments or the expiration of the time period or any extension. b. The Planning Director shall approve, approve with conditions, or deny a permit application within thirty (30) working days of the public hearing; except that where additional information is required by the Planning Director, he/she may extend this period by sixty (60) days. In acting on the application, the Planning Director shall in writing deny, permit, or conditionally permit the proposed activity. If a decision must be made in a 90- 15-78 11-91 15.24.060 WETLAND AND/OR WETLAND BUFFER NOTICE Legal Description: Present Owner: NOTICE: This property contains wetlands or their buffers as defined by City of Port Angeles Ordinance. The property was the subject of a development proposal for (type of permit application # filed on ( date) . Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas is attached hereto. (Signature of owner) STATE OF WASHINGTON ) ) SS: COUNTY OF CLALLAM ) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein stated. Given under my hand and official seal this ,19_, day of NOTARY PUBLIC in and for the State of Washington, residing at D. Permit Processing. 1. Consolidation: The Planning Director shall, to the extent practicable and feasible, consolidate the processing of wetlands-related aspects of other City of Port Angeles regulatory programs which affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive areas, with the Wetland Permit process established herein so as to provide a timely and coordinated permit process. 2. Completeness of Application: No later than 10 working days after receipt of the permit application, the Planning Director shall notify 15-77 11-91 15.24.060 of how the proposed activity is dependent upon wetlands or water-related resources as described in Section 15.24.070D of this Chapter; and h. Specific means to mitigate any potential adverse environmental impacts of the applicant's proposal. The Planning Director may require additional information, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of the wetland; a study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Chapter or to evaluate the proposed use in terms of the purposes of this Chapter. The Planning Director shall maintain and make available to the public, all information applicable to any wetland and its buffer. 4. Filing Fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Planning Director. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the Planning Director to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. As deemed necessary by the Planning Director, the Planning Director may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. 5. Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment. The Planning Director shall establish a mailing list of all interested persons and agencies who wish to be notified of such application. 6. Notice on Title: a. The owner of any property with field verified presence of wetland or wetland buffer pursuant to Subsection 15.24.040C, on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Planning Director in a form substantially as set forth in Subsection b. below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this Chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The applicant shall submit proof that the notice has been filed for record before the City of Port Angeles shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this Chapter. b. Form of Notice: 15-76 11-91 15.24.060 Director on forms furnished by his/her office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the Planning Director upon issuance of the permit. An extension of an original permit may be granted upon written request to the Planning Director by the original permit holder or the successor in title. Prior to the granting of an extension, the Planning Director shall require updated studies and/or additional hearings if, in his/her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit. C. Permit Applications. 1. Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this Chapter may request in writing a determination from the Planning Director. Such a request for determination shall contain plans, data, and other information as may be specified by the Planning Director. 2. Pre-Permit Consultations: Any person intending to apply for a Wetland Permit is strongly encouraged, but not required, to meet with the Planning Director during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and to discuss compensation, before large commitments have been made to a particular project design. Effort put into pre-application consultations and planning will help applicants create projects which will be more quickly and easily processed. 3. Information Requirements: Unless the Planning Director waives one or more of the following information requirements, applications for a Wetland Permit under this Chapter shall include: a. A description and maps overlaid on an aerial photograph at a scale no smaller than 1"=200', showing the entire parcel of land owned by the applicant and the exact boundary pursuant to Section 15.24.040C of the wetland on the parcel; b. A description of the vegetative cover of the wetland and adjacent area, including dominant species; c. A site plan for the proposed activity overlaid on an aerial photograph at a scale no smaller than 1" =200', showing the location, width, depth, and length of all existing and proposed structures, roads, sewage disposal and treatment, and installations within the wetland and its buffer; d. The exact sites and specifications for all regulated activities, including the amounts and methods; e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than 5 feet; f. Top view and typical cross-section views of the wetland and its buffer to scale; g. The purposes of the project and an explanation why the proposed activity cannot be located at other sites, including an explanation 15-75 11-91 15.24.050 - 15.24.060 4. Existing and ongoing agricultural activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has laid idle so long that modifications to the hydrological regime are necessary to resume operations; 5. The maintenance (but not construction) of drainage ditches; 6. Education, scientific research, and use of nature trails; 7. Navigation aids and boundary markers; 8. Boat mooring buoys; 9. Site investigative work necessary for land use application submittals, such as surveys, soil logs, percolation tests, and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; and 10. The following uses are allowed within wetlands and/or wetland buffers provided that written notice at least ten days prior to the commencement of such work has been given to the Planning Director, and provided that wetland impacts are minimized and that disturbed areas are immediately restored: a. Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and b. Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions. C. Special Permit Uses. Any activity other than those specified in Subsection B may not be conducted in wetlands or wetland buffers except upon issuance of a Wetland Permit by the Planning Director. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.060 - Procedures for Wetland Permits. A. Permit Requirements. Compliance. Except as specifically provided in Section 15.24.050B, no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland buffer without a written permit from the Planning Director. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this Chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited. B. Wetland Permits. Extensions. Application for a Wetland Permit to conduct any regulated activity not specifically authorized by Section 15.24.050B within a wetland or wetland buffer shall be made to the Planning 15-74 11-91 15.24.040 - 15.24.050 3. The City of Port Angeles shall apply the latest version of the Washington State Department of Ecology "Washington State Wetlands Rating System for Rating the Resource Value of Regulated Wetlands" and "Field Methodology" as its procedures for the wetland rating system. 4. The City of Port Angeles will initially rate wetlands based on information derived from available maps, reports, and similar materials. Wetlands may be reclassified into another category at a subsequent date should field surveys or other new materials warrant such action. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.050 - Regulated Activities and Allowed Activities. A. Regulated Activities. A permit shall be obtained from local government prior to undertaking the following activities in a regulated wetland or its buffer, unless authorized by Subsection B below: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table. 4. 5. 6. of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland, provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. B. Allowed Activities. The following uses shall be allowed within a wetland or wetland buffer to the extent that they are not prohibited by any other ordinance or law and provided they are conducted using best management practices, except where such activities result in the conversion of a regulated wetland or wetland buffer to a use to which it was not previously subjected, and provided further that forest practices and conversions shall be governed by Chapter 76.09 RCW and its rules: 1. Conservation or preservation of soil, water vegetation, fish, shellfish, and other wildlife; 2. Outdoor recreational activities, including but not limited to fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling; 3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, 'or water sources; 15-73 The driving of pilings; The placing of obstructions; The construction, reconstruction, demolition, or expansion 11-91 15.24.040 i. Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by State or Federal agencies; or ii. High quality native wetland communities, including documented Category I or II quality Natural Heritage wetland sites and sites which qualify as a Category I or II quality National Heritage wetland; or 111. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or iv. Wetlands of exceptional local significance. The criteria for such a designation shall be developed and adopted by the local jurisdiction under appropriate public review and administrative appeal procedures. The criteria may include, but not be limited to, rarity, groundwater recharge areas, significant habitats, unique educational sites, or other specific functional values within a watershed or other regional boundary. b. Category II Criteria i. Regulated wetlands that do not contain features outlined in Category I; and ii. Documented habitats for sensitive plant, fish, or animal species recognized by Federal or State agencies; or iii. Rare wetland communities listed III Subsection 15.24.040D1aiii which are not high quality; or iv. Wetland types with significant functions which may not be adequately replicated through creation or restoration. v. Regulated wetlands with significant habitat value based on diversity and size. . vi. Regulated wetlands contiguous with salmonid fish-bearing waters, including streams where flow is intermittent; or vii. Regulated wetlands with significant use by fish and wildlife. c. Category III Criteria i. Regulated wetlands that do not contain features outlined in Category I, II, or IV. d. Category IV Criteria i. Regulated wetlands which do not meet the criteria of a Category I or II wetland; and ii. Isolated wetlands which are less than or equal to one acre in size; and have only one wetland class; and have only one dominant plant species (monotypic vegetation); or iii. Isolated wetlands which are less than or equal to two acres in size, and have only one wetland class and a predominance of exotic species. 2. Wetland rating categories shall be applied as the regulated wetland exists on the date of adoption of the rating system by the local government; as the regulated wetland may naturally change thereafter; or as the regulated wetland may change in accordance with permitted activities. Wetland rating categories shall not be altered to recognize illegal modifications. 15-72 11-91 15.24.040 permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this Chapter. B. Maps and Inventory. This Chapter shall apply to all lots or parcels on which wetlands and/or wetland buffers are located within the jurisdiction of the City of Port Angeles. The approximate location and extent of wetlands in the City of Port Angeles is displayed on the following maps: 1. Wetlands identified on U. S. Fish and Wildlife Service National Wetlands Inventory Angeles Point, Ediz Hook, Elwha, Morse Creek, and Port Angeles maps. 2. Hydric soils and "wet spots" identified by the USDA Soils Conservation Service Soil Survey of Clallam County Area maps numbers 22, 31, 32,33. 3. City of Port Angeles Composite Wetland Inventory and Hydric Soils map, as may be modified from time to time. These map resources are to be used as a guide to the general location and extent of wetlands. Wetlands not shown on these maps but meeting the criteria set forth in this Chapter are presumed to exist in the City of Port Angeles and are protected under all the provisions of this Chapter. In the event that any of the wetland designations shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. C. Determination of Regulatory Wetland Boundary. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition provided in Section 15.24.020 of this Chapter. Qualified professional and technical scientists shall perform wetland delineations using the latest version of the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands". An applicant for a wetland permit is required under Subsection 15.24.060C3 to show the location of the wetland boundary on a scaled drawing as a part of the permit application. The Planning Director shall decide whether the scientists who perform the delineation of boundary requirement are retained by the applicant or by the City with the applicant paying the City for the costs in accordance with the provisions of Section 15.24.060C4 of this Chapter. Where the delineation is performed under the Planning Director's direction, such delineation shall be considered a final determination. Where the applicant has provided a delineation of the wetland boundary, the Planning Director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director shall, at the applicant's expense, obtain expert services to render a final delineation. D. Wetlands Rating System. The following Washington State rating system is hereby adopted as the rating system for the City of Port Angeles. Wetlands buffer widths, replacement ratios, and avoidance criteria shall be based on these rating systems. 1. Washington State Four-Tier Wetlands Rating System. a. Category I Criteria 15-71 11-91 15.24.020 - 15.24.040 land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes: 1. At least periodically, the land supports predominantly hydrophytes; 2. The substrate is predominantly undrained hydric soil; and 3. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. JJ. "Wetland buffers" or "wetland buffer zones" is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland. KK. "Wetland classes", "classes of wetlands", or "wetland types" means descriptive classes of the wetlands taxonomic classification system of the United States Fish and Wildlife Service (Cowardin, et aI, 1978). LL. "Wetlands permit" means any permit issued, conditioned, or denied specifically to implement this Chapter. MM. "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this Chapter. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.030 - General Provisions. A. Abrogation and Greater Restrictions. It is not intended that this Chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. B. Interpretation. The provisions of this Chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this Chapter. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.040 - Lands to Which this Chapter Applies. A. Applicability. 1. When any provision of any other Chapter of the Port Angeles Municipal Code conflicts with this Chapter, that which provides more protection to wetlands and wetland buffers shall apply unless specifically provided otherwise in this Chapter. 2. The Planning Director is authorized to adopt written procedures for the purpose of carrying out the provisions of this Chapter. Prior to fulfilling the requirements of this Chapter, the City of Port Angeles shall not grant any approval or permission to conduct a regulated activity in a wetland or wetland buffer, including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right-of-way construction permit; grading and clearing permit; master plan development; planned unit development; right-of-way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; shoreline environmental redesignation; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use 15-70 11-91 15.24.020 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. Cc. "Regulated wetlands" means ponds twenty acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 USC Sec. 1251 et seq., and rules promulgated pursuant thereto and shall be those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Category I, II, III and IV wetlands are defined in Section 15.24.040D, Wetlands Rating System. All Category I wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, local government shall consider the latest version of the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands". DD. "Repair or maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition. EE. "Scrub-shrub wetland" means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost stratum. FF. "Serviceable" means presently usable. GG. "Unavoidable and necessary impacts" are impacts to regulated wetlands that remain after a person proposing to alter regulated wetlands has demonstrated that no practicable alternative exists for the proposed project. HH. "Water-dependent" means requiring the use of surface water that would be essential to fulfill the purpose of the proposed project. II. "Wetlands", for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the 15-69 11-91 15.24.020 U. "Mitigation" includes avoiding, minimizing, or compensating for adverse wetland impacts. Mitigation, in the following order of preference, is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; 6. Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. V. "Native Vegetation" means plant species which are indigenous to the area in question. W. "Off-site compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity. X. ''On-site compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. Y. "Out-of-kind compensation" means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement "out-of-category". Z. "Practicable alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to regulated wetlands. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purposes of the proposed activity. AA. "Puget Sound" means all salt waters of the State of Washington inside the international boundary line between the State of Washington and the Province of British Columbia, lying east of one hundred twenty-three degrees, twenty-four minutes west longitude. BE. "Regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table; 4. 5. 6. of any structure; The driving of pilings; The placing of obstructions; The construction, reconstruction, demolition, or expansion 15-68 11-91 15.24.020 aesthetic value protection; and recreation. These beneficial roles are not listed in order or priority. N. "High intensity land use" includes land uses which are associated with moderate or high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, medium and high density residential, multifamily residential, active recreation, and commercial and industrial land uses. O. "High quality wetlands" are those regulated wetlands which meet the following criteria: 1. No, or isolated, human alteration of the wetland topography; 2. No human-caused alteration of the hydrology or else the wetland appears to have recovered from the alteration; 3. Low cover and frequency of exotic plant species; 4. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance; 5. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and 6. No known major water quality problems. P. "Hydric Soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands". For the purposes of identifying wetland critical areas, hydric soils that qualify as "prime agricultural soils" only through artificial means that will impair the existence of natural wetlands (specifically soils that are prime agricultural land only when drained), are considered potential wetlands indicators for the purposes of this Chapter, and are not to be considered agricultural resource lands. Q. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands". R. "In-kind compensation" means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in-category". S. "Isolated wetlands" means those regulated wetlands which: 1. are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and 2. have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. T. "Low-intensity land use" includes land uses which are associated with low levels of human disturbance or low wetland habitat impacts, including, but not limited to, passive recreation, open space, or agricultural or forest management land uses. 15-67 11-91 15.24.020 1. "Restoration" - Actions performed to re-establish wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a wetland. 2. "Creation" - Actions performed to intentionally establish a wetland at a site where it did not formerly exist. 3. "Enhancement" - Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. E. "Critical habitat" means habitat necessary for the survival of endangered, threatened, rare, sensitive, or monitor species. F. "Developable Area" means an area of land outside of wetlands and wetland buffers. G. "Department" means the Washington State Department of Ecology. H. "Emergent wetland" means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. I. "Exotic" means any species of plants or animals that are foreign to the planning area. J. "Existing and ongoing agriculture" includes those activities conducted on lands defined in RCW 84.34.030(2), and those activities involved in the production of crops or livestock. For example, the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of ditches; irrigation systems including irrigation laterals, canals, or irrigation drainage ditches; changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. K. "Extraordinary hardship" means strict application of this Chapter and/ or programs adopted to implement this Chapter by the City of Port Angeles would prevent all reasonable economic use of the parcel. L. "Forested wetland" means a regulated wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height. M. "Functions", "beneficial functions", or "functions and values" means the beneficial roles served by wetlands, including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and archaeological and 15-66 11-91 15.24.010 - 15.24.020 3. alerting appraisers, assessors, owners, and potential buyers or lessees to the development limitations of wetlands; 4. providing City of Port Angeles officials with information to evaluate, approve, condition, or deny public or private development proposals; 5. adopting the Governor's interim goal of achieving no overall net loss in acreage and functions of Washington's remaining wetland base and the long-term goal of increasing the quantity and quality of Washington's wetland resource base; 6. implementing the goals and policies of the City of Port Angeles Comprehensive Plan encouraging development compatible with the environment of the City, encouraging development to provide open space, encouraging development to preserve and incorporate existing "unusual, unique and interesting natural features", reducing development intensity as natural environmental constraints increase, and avoiding intensive development of sites with severe environmental constraints; 7. implementing the policies of the Growth Management Act; the State Environmental Policy Act, Chapter 43.21C RCW; the Puget Sound Water Quality Management Plan; Washington State Executive Order 90-04; Port Angeles Environmental Policy Ordinance, Chapter 15.04 of the Port Angeles Municipal Code; Port Angeles Shoreline Management Ordinance, Chapter 15.08 of the Port Angeles Municipal Code; Port Angeles Flood Damage Prevention Ordinance, Chapter 15.12 of the Port Angeles Municipal Code; the Port Angeles Zoning Code; the Port Angeles Stormwater Management Plan; and all other present and future City of Port Angeles functional, environmental, and community plans, programs and ordinances. (Ord. 2655 ~ 1 (part), 11-29-91.) 15.24.020 - Definitions. For the purposes of this Chapter, the following definitions shall apply: A. "Applicant" means a person who files an application for permit under this Chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. B. "Best management practices" means conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and 2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands. C. "Compensation project" means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. D. "Compensatory mitigation" means replacing project-inducedawetland losses or impacts, and includes, but is not limited to, the following: 15-65 11-91 15.24.010 require that activities not dependent upon a wetland location be located at upland sites; and to achieve no net loss of wetlands by requiring restoration or enhancement of degraded wetlands or creation of new wetlands to offset losses which are unavoidable. In addition, it is the intent of the City of Port Angeles that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values by: 1. impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies, or velocities on other lands; 2. increasing water pollution through location of domestic waste disposal systems in wetlands; unauthorized application of pesticides and herbicides; disposal of solid waste at inappropriate sites; creation of unstable fills, or the destruction of wetland soils and vegetation; 3. increasing erosion; 4. decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered; 5. interfering with the exchange of nutrients needed by fish and other forms of wildlife; 6. decreasing habitat for fish and other forms of wildlife; 7. adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies; 8. significantly altering wetland hydrology and thereby causing either short- or long-term changes in vegetational composition, soils characteristics, nutrient cycling, or water chemistry; 9. destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; 10. interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, birdwatching, photography, and other passive uses; or 11. destroying or damaging aesthetic and property values, including significant public viewsheds. The purposes of this Chapter are to protect the public health, safety, and welfare by preventing the adverse environmental impacts of development enumerated in Section 15.24.010, and by: 1. preserving, protecting, and restoring wetlands by regulating development within them and their buffers; 2. protecting the public against losses from: a. unnecessary maintenance and replacement of public facilities, including the dredging of ports and navigation channels; b. publicly funded mitigation of avoidable impacts; c. cost for public emergency rescue and relief operations; and d. potential litigation from improper construction practices authorized for wetland areas; 15-64 11-91 15.24.010 3. Development in wetlands results in: a. increased soil erosion and sedimentation of downstream water bodies, including navigable channels; b. increased shoreline erosion; c. degraded water quality due to increased turbidity and loss of pollutant removal processes; d. elimination or degradation of wildlife and fisheries habitat; e. loss of fishery resources from water quality degradation, increased peak flow rates, decreased summer low flows, and changes in the streamflow regimen; f. loss of stormwater retention capacity and slow- release detention resulting in flooding, degraded water quality, and changes in the streamflow regimen of watersheds; g. loss of groundwater recharge areas. 4. Buffer areas surrounding wetlands are essential to maintenance and protection of wetland functions and values. Buffer areas protect wetlands from degradation by: a. stabilizing soil and preventing erosion; b. filtering suspended solids, nutrients, and harmful or toxic substances; impacts; c. moderating impacts of stormwater runoff; d. moderating system microclimate; e. protecting wetland wildlife habitat from adverse integrity; f. maintaining and enhancing habitat diversity and/or g. supporting and protecting wetlands plant and animal species and biotic communities; and h. reducing disturbances to wetland resources caused by intrusion of humans and domestic animals. 5. The loss of the social and ecological services provided by wetlands results in a detriment to public safety and welfare; replacement of such services, if possible at all, can require considerable public expenditure. 6. A considerable acreage of these important natural resources has been lost or degraded by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled, or impaired by such acts. 7. It is therefore necessary for the City of Port Angeles to ensure maximum protection for wetland areas by discouraging development activities in wetlands and those activities at adjacent sites that may adversely affect wetland functions and values; to encourage restoration and enhancement of already degraded wetland systems; and to encourage creation of new wetland areas. B. Purpose. It is the policy of the City of Port Angeles to require site planning to avoid or minimize damage to wetlands wherever possible; to 15-63 11-91 15.24.010 Chapter 15.24 WETLANDS PROTECTION Sections: 15.24.010 Findings of Fact and Purpose. 15.24.020 Definitions. 15.24.030 General Provisions. 15.24.040 Lands to Which this Chapter Applies. 15.24.050 Regulated Activities and Allowed Activities. 15.24.060 Procedures for Wetland Permits. 15.24.070 Standards for Permit Decisions. 15.24.080 Temporary Emergency Permit - Enforcement. 15.24.090 Non-Conforming Activities. 15.24.100 Judicial Review 15.24.110 Amendments. 15.24.120 Assessment Relief. 15.24.010 - Findings of Fact and Purpose. A. Findings of Fact. The City Council of the City of Port Angeles hereby finds that: 1. Wetlands and their buffer areas are valuable and fragile natural resources with significant development constraints due to flooding, erosion, soil liquefaction potential, and septic disposal limitations. 2. In their natural state, wetlands provide many valuable social and ecological services, including: a. controlling flooding and stormwater runoff by storing or regulating natural flows; b. protecting water resources by filtering out water pollutants, processing biological and chemical oxygen demand, recycling and storing nutrients, and serving as settling basins for naturally occurring sedimentation; substrate; c. providing areas for groundwater recharge; d. preventing shoreline erosion by stabilizing the e. providing habitat areas for many species of fish, wildlife, and vegetation, many of which are dependent on wetlands for their survival, and many of which are on Washington State and Federal Endangered Species lists; f. providing open space and visual relief from intense development in urbanized areas; g. providing recreation opportunities; and h. serving as areas for scientific study and natural resource education. 15-62 11-91 15.20.100 15.20.100 - Securities and Enforcement. A. Performance Securities. The Planning Director may require the applicant of a development proposal to post a cash performance bond or other acceptable security to guarantee that the applicant will properly construct all structures and improvements required by this Chapter. The security shall guarantee that the work and materials used in construction are free from defects. All securities shall be on a form approved by the Planning Director. Until written release of the security, the security may not be terminated or canceled. The Planning Director shall release the security upon determining that all structures and improvements have been satisfactorily constructed and upon the posting by the applicant of a maintenance security if one is required. B. Maintenance Securities. The Planning Director shall require the applicant to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter satisfactorily perform for a minimum of two years. This requirement shall also apply in the case of required mitigation improvements. All securities shall be on a form approved by the Planning Director. Until written release of the security, the principal or surety may not be terminated or canceled. The Planning Director shall release the security upon determining that performance standards established for evaluating the effectiveness and success of the structures and improvements have been satisfactorily met. The performance standards shall be approved by the Planning Director and contained in the mitigation plan developed and approved during the review process. C. Renewable Bonds. Any bonds required by this Section may be in the form of one-year bonds to be renewed as appropriate. D. Enforcement. Violations of this Chapter shall be subject to the enforcement provisions of the Port Angeles Municipal Code. (Ord. 2656 ~ 1 (part), 11-29-91.) 15-61 11-91 15.20.080 - 15.20.090 ~ b. Environmental Goals and Objectives. Goals and objectives describing the purposes of the mitigation measures shall be provided, including a description of site selection criteria, identification of target evaluation species and resource functions; c. Performance Standards. Specific criteria for fulfilling environmental goals and objectives, and for beginning remedial action or contingency measures shall be provided, including water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. d. Detailed Construction Plan. Written specifications and descriptions of mitigation techniques shall be provided, including the proposed construction sequence, accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. Monitoring Program. A program outlining the approach for assessing a completed project shall be provided, including descriptions or proposed experimental and control site surveyor sampling techniques. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the mitigation project. A report shall be submitted at least twice yearly documenting milestones, successes, problems and contingency actions of the restoration or compensation project. The Planning Director shall require that the applicant monitor the compensation or restoration project for a minimum of two years. f. Contingency Plan. A plan shall be provided fully identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Performance and Maintenance Securities. Securities ensuring fulfillment of the mitigation project, monitoring program and any contingency measures shall be posted pursuant to Section 15.20.100. 4. Final Approval. The Planning Director shall grant final approval of a completed restoration or compensation project if the final report of the project mitigation plan satisfactorily documents that the area has achieved all requirements of this section. (Ord. 2656 ~ 1 (part), 11-29-91.) 15.20.090 - Tracts and Easements. Sensitive Area Tracts or Easements. Separate environmentally sensitive area tracts or easements shall be used to protect environmentally sensitive areas that are to remain undisturbed pursuant to this Chapter. The terms and conditions of the tracts or easements shall impose upon all present and future owners and occupiers of land subject to the tracts or easements the obligation, enforceable on behalf of the public by the City, to leave the areas of the tracts or easements permanently undisturbed. In a single-family residential zone, any lots containing an environmentally sensitive area easement shall be of a dimension of not less than five thousand square feet, exclusive of such easement. (Ord. 2656 ~ 1 (part) 11-29-91.) 15-60 11-91 15.20.080 1. Mitigation. For any allowable development exception provided under this Section the associated adverse impacts must be considered unavoidable but mitigable. The following restoration and compensation mitigation measures to minimize and reduce impacts shall be required and completed and must be approved by the Planning Director prior to development approval: 1. Restoration. Restoration is required when the functions and values of environmentally sensitive areas have been degraded from alteration prior to development approval. All restoration shall follow an approved mitigation plan pursuant to Subsection 1.3. of this Section. 2. Compensation. Compensation is required from developers for all approved alterations to streams. Compensation for approved alterations shall follow an approved mitigation plan pursuant to Subsection 1.3. a. The applicant shall maintain or improve stream channel dimensions, including depth, length, and gradient; restore or improve native vegetation and fish and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and meandering. b. In the case of the exceptions of Subsection A.3. of this Section, the following conditions shall precede any stream alteration approved pursuant to this Section: i. A mitigation plan for the compensation project shall be submitted by the applicant and approved by the Planning Director; ii. The compensation project shall be fully implemented following the requirements of the approved mitigation plan; iii. Compensation shall be established for at least two years; and iv. A final report shall be submitted following the minimum two years documenting that all requirements of a mitigation plan have been fully achieved. The Planning Director may postpone or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. c. Substitute Fees. In cases where the applicant demonstrates to the satisfaction of the Planning Director that a suitable compensation site does not exist, the Planning Director may allow the applicant to make a financial contribution to an established water quality project or program. The project or program must improve environmental quality within the same watershed as the altered stream. The amount of the fee shall be equal to the cost of mitigating the impact of stream alteration and shall be approved by the Planning Director. 3. Mitigation Plans. All restoration and compensation projects shall follow a mitigation plan prepared by qualified scientists containing the following components: a. Baseline Information. Quantitative data shall be collected and synthesized for both the impacted environmentally sensitive area and the proposed mitigation site, if different from the impacted environmentally sensitive area, following procedures approved by the Planning Director; 15-59 11-91 15.20.080 5. Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams; and 6. Within buffers, trails and trail-related facilities shall be aligned and constructed to minimize disturbance to stream functions and values. E. Utilities. Every attempt shall be made to avoid locating utilities within streams. The Planning director may approve utilities in streams only when he/she determines that there is no practicable or reasonable upland alternative. F. Stream Crossings. Stream crossings, whether for access or utility purposes, shall be avoided to the extent possible; but when necessary due to the lack of feasible alternatives, crossing of streams shall follow all applicable local, state and federal laws and the following criteria: 1. Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fisheries; 2. All crossings using culverts shall use superspan or oversize culverts; 3. All crossings shall be constructed and installed during summer low flow between June 15th and September 15th; 4. Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists; 5. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists; 6. Crossings shall not diminish flood-carrying capacity; 7. Crossings shall provide for maintenance of culverts, bridges and utilities; and 8. Crossings shall serve multiple properties whenever possible. G. Time Limitation. A development exception automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within one year of the effective date of the development exception, unless either: 1. The applicant has received an extension for the development exception pursuant to Subsection H of this Section; 2. The development exception approval provides for a greater time period. H. Time Extension. The Planning Director may extend a development extension, not to exceed one year, if: 1. Unforeseen circumstances or conditions necessitate the extension of the development exception; 2. Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and 3. The extension of the development exception will not cause adverse impacts to environmentally sensitive areas. 15-58 11-91 15.20.080 b. The alteration has significantly disrupted the natural functions of the environmentally sensitive area; c. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the environmentally sensitive area; d. The proposal incorporates the development standards of Section 15.20.070, and e. The proposal is consistent with the purpose and intent of this Chapter. 6. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. ' B. Emergencies. The Planning Director may approve improvements that are necessary to respond to emergencies that threaten the public health and safety, or public development proposals, when he/she determines that no reasonable alternative exists and the benefit outweighs the loss. Emergencies shall be verified by a licensed engineer. C. Drainage Facilities. Significant and important wetlands and streams and their buffers may be altered for use as a public drainage facility provided that all requirements of the City of Port Angeles Stormwater Management Plan and all other local, state, and federal laws are satisfied, and so long as increased and multiple natural resource functions are achievable and the benefits outweigh any lost resource. The Planning Director may approve drainage facilities in a wetland or stream only where he/she determines that long-term impacts are minimal or where there are no practicable or reasonable alternatives and mitigation is provided. D. Trails and Trail-Related Facilities. Public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail-related facilities shall be avoided within streams. The Planning Director may approve such trails and facilities only when he/she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria: 1. Trails and related facilities shall, to the extent feasible, be placed on existing levies, road grades, utility corridors, or any other previously disturbed areas; 2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; 3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, June 1987) and "Standard Specifications for Construction of Trails" (EM-7720-102, June 1984) as may be amended, or trail standards adopted by the City of Port Angeles; 4. Viewing platforms, interpretive centers, picnic areas, benches and access to them shall be designed and located to minimize disturbance; 15-57 11-91 15.20.080 a. The extent of development within the buffer is limited to that which is necessary to create a disturbed area which is no larger than five thousand square feet; b. If the applicant demonstrates that there is no other reasonable alternative to developing the buffer. c. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the environmentally sensitive area; d. The proposal incorporates the development standards of Section 15.20.070, and e. The proposal is consistent with the purpose and intent of this Chapter. 2. Other Development Proposals. An applicant may propose a reasonable use development exception (other than one single-family dwelling on a development site in accordance with Subsection A.I. of this Section) pursuant to the following decision criteria: a. The proposal is limited to the minimum necessary to fulfill reasonable use of the property and there is no other reasonable alternative; b. The proposal is compatible in design, scale, and use with other development or potential development in the immediate vicinity of the subject property in the same zone classification and with similar site constraints; c. The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the environmentally sensitive area or areas; d. The proposal incorporates the development standards of Section 15.20.070; and e. The proposal is consistent with the purpose and intent of this Chapter. 3. Limited Waiver of Steep Slope Disturbance Limitations. Anyone or all of the disturbance limitation requirements of Section 15.20.070 may be waived if the Planning Director determines that the application of such requirements is not feasible for developing one single-family dwelling on a development site and the proposal is consistent with the purpose and intent of this chapter. 4. Modification of Existing Structures. Existing structures or improvements that do not meet the requirements of this Chapter may be remodeled, reconstructed or replaced provided that the new construction does not further disturb an environment-ally sensitive area. 5. Previously Altered Environmentally Sensitive Areas. If any portion of an environmentally sensitive area has been altered from its natural state, the applicant may propose to develop within the altered area pursuant to the following decision criteria: a. The environmentally sensitive area was lawfully altered in accordance with the provisions of this Chapter and any state and federal laws at the time the alteration occurred; 15-56 11-91 15.20.070 - 15.20.080 for density and floor area calculations is designed to provide compensation for the preservation of environmentally sensitive areas, flexibility in design, and consistent treatment of different types of development proposals. 1. Formulas. The maximum number of dwelling units (DU) for a site which contains undevelopable environmentally sensitive areas is equal to: [(Developable Area) divided by (Minimum Lot Area/DU)] + [(Undisturbable Area) divided by (Minimum Lot Area/DU) (Development Factor)] = Maximum Number of Dwelling Units. The maximum amount of non-residential floor area for a site which contains undisturbable environmentally sensitive areas is equal to: [(Maximum Permitted Floor Area/Lot Area)(Developable Area)] + [(Maximum Permitted Floor Area/Lot Area) (Undisturbable Area) (Development Factor)] = Maximum Amount of Floor Area. Developable environmentally sensitive areas shall receive full credit towards calculating the number of dwelling units or floor area. 2. Development Factor. As used in the preceding Subsection, the development factor is a number to be used in calculating the number of dwelling units or the maximum allowable floor area for a site which contains undisturbable environmentally sensitive areas. The development factor is derived from the following table: Undisturbable Sensitive Area as Percentage of Site Development Factor 1 - 10 .30 11 - 20 .27 21 - 30 .24 31 - 40 .21 41 - 50 .18 51 - 60 .15 61 - 70 .12 71 - 80 .09 81 - 90 .06 91 - 99 .03 (Ord. 2656 ~ 1 (part), 11-29-91.) 15.20.080 - Development Exceptions. Exceptions to the development restrictions and standards set forth in Sections 15.20.050 and 15.20.070 may be permitted by application to the Planning Director pursuant to the provisions of this Section. A. Reasonable Use Exceptions in Stream Corridors, Ravines, Marine Bluffs, and Beaches and Associated Coastal Drift Process Areas. 1. Single-Family Dwelling. Development of one single-family dwelling that is not part of a larger development proposal within the buffer of stream corridors, ravines, marine bluffs, and beaches and associated coastal drift process areas on a development site may be approved by the Planning Director if the applicant demonstrates that: 15-55 11-91 15.20.070 properties, provided that such activities do not jeopardize public health, safety or welfare on or off the site. 4. Geological Hazard Area Buffers: In the event that it is determined that a geological hazard area, particularly landslide hazard and erosion hazard areas, cannot be safely developed and must remain as permanent open space, such as steeply sloping terrain, the following buffer will be established: a. Geologic Hazard Buffer: 50 feet from the top and toe of the designated area. This buffer may be reduced (to not less than 25 feet) or enlarged based on geotechnical review which assures any such variation provides or is necessary to provide adequate protection of any structures on site. D. Significant Wildlife Habitat Areas. To protect the habitat of animal species which are considered to be priority species and thereby maintain and increase their populations, significant wildlife habitat areas shall be subject to the following: 1. When a development proposal contains a priority habitat or habitat for species of concern and priority species the applicant shall submit a habitat management plan. The need for a Habitat Management Plan should be determined during State Environmental Policy Act (SEP A) review of the proposal. The habitat management plan should identify how the impacts from the proposed project will be mitigated. Possible mitigation measures should include, but are not limited to: (1) establishment of buffer zones; (2) preservation of critically important plants and trees, (3) limitation of access to habitat area, (4) scheduling construction activities to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities; (5) using best available technology to avoid or reduce impacts; (6) using drainage and erosion control measures to prevent siltation of aquatic areas; and (7) reducing the size, scope, configuration or density of the project. 2. Buffer: To retain adequate natural habitat for priority species, buffers shall be established on a case-by-case basis as described in a habitat management plan. 3. Uses and activities allowed within a significant wildlife habitat area as identified by a habitat management plan shall be limited to low intensity land uses which will not adversely affect or degrade the habitat and which will not be a threat to the critical ecological processes such as feeding, breeding, nesting and resting. E. Frequently Flooded Areas. Development in frequently flooded areas which are not subject to the standards of other environmentally sensitive areas, including wetlands, will be directed by Chapter 15.12, Flood Hazard Areas, of the City of Port Angeles Municipal Code. F. Limited Density Transfer. The calculation of potential dwelling units in residential development proposals and allowable floor area in non- residential development proposals shall be determined by the ratio of developable area to undisturbable environmentally sensitive area of the development site except as otherwise provided for wetlands in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. The following formula 15-54 11-91 15.20.070 6. Viewshed enhancement. In ravine and marine bluff buffers, the Planning Director may approve alterations in vegetation coverage for the purposes of viewshed enhancement, so long as such alterations: (a) will not increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; or (b) will not adversely affect significant wildlife habitat areas. C. Geological Hazard (Erosion. Landslide. Seismic) Areas. Areas containing or adjacent to geological hazard areas shall be altered only when the Planning Director concludes, based on environmental information, the following: For Landslide hazard areas: a. There will be no increase in surface water discharge or sedimentation to adjacent properties; b. There will be no decrease in slope stability on adjacent properties; and c. 1. Either: i. There is no hazard as proven by evidence of no landslide activity in the past in the vicinity of the pro-posed development and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties; ii. The landslide hazard area can be modified or the development proposal can be designed so that the landslide hazard is eliminated or mitigated so that the site is as safe as a site without a landslide hazard; or threat. iii. The alteration is so minor as not to pose a 2. For Erosion hazard areas: a. Areas containing erosion hazard areas shall have land clearing, grading or filling limited to the period between April 1st and October 1st. replaced. b. Vegetation on steep slopes shall be preserved or 3. For Seismic hazard areas: a. Areas containing or adjacent to seismic hazards areas shall be altered only when the Planning Director concludes, based on environmental information, the following: i. There is no actual hazard based on a lack of seismic activity in the past in the area of the development proposal, and a quantitative analysis of potential for seismic activity indicates no significant risk to the development proposal; or ii. The development proposal can be designed so that it will minimize any risk of harm from seismic activity to public health, safety or welfare on or off the site. b. Construction on artificial fills will be certified by a geotechnicalj civil engineer as safe from earthquake damage as a similar development not located on artificial fill. This requirement may be waived for actions involving minor changes, alterations or additions to developed 15-53 11-91 15.20.070 including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed. B. Ravines. Marine Bluffs and Beaches and Associated Coastal Drift Processes. All properties falling within the zones identified in the following subsection are subject to the requirements of this Chapter. Should it be determined that particular properties within these zones are unrelated to the natural functions of the stream, the Planning Director may waive specific submittal requirements for these properties or exclude them from the requirements of this Chapter. 1. Locally Unique Feature Corridor Zones: The following zones, as measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas encompassing properties that shall be subject to the requirements of this chapter, unless excluded by the Planning Director: Ravines 200 feet; Marine Bluffs 200 feet; Beaches and Associated Coastal Drift Processes Shoreline Management Zone Should locally unique feature corridor zones also overlay stream corridor zones, the criteria of this Section will be used. 2. Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravine bluffs: Ravines Marine Bluffs Beaches and Associated Coastal Drift Processes None 3. Undisturbed zones adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired. 4. Buffer reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Planning Director that the proposed construction method will: a. Not adversely impact the stability of ravine sidewalls 50 feet; 50 feet. and bluffs; b. Not increase erosion and mass movement potential of ravine sidewalls and bluffs; c. Use construction techniques which minimize disruption of the existing topography and vegetation; and d. Include measures to overcome any geological, soils and hydrological constraints of the site. In no event may a buffer be reduced to less than 25 feet from the top of a ravine, or the top or toe of a bluff. 5. Additional Buffers. The Planning Director may require increased buffers if environmental studies indicate such increases are necessary to mitigate landslide, seismic and erosion hazards, or as otherwise necessary to protect the public health, safety and welfare. 15-52 11-91 15.20.070 15.20.070 - Development Standards. A. Streams and Stream Corridors. Any development or construction adjacent to streams shall preserve an undisturbed corridor which is wide enough to maintain the natural hydraulic and habitat functions of that stream. The dimensions of stream corridor zones, in which all properties are potentially subject to the requirements of this Chapter, are listed in the following subsection. Should it be determined that particular properties within this zone are unrelated to the natural functions of the stream, the Planning Director may waive specific submittal requirements for these properties or exclude them from the requirements of this Chapter. If streams or watercourses are located within ravines as defined in P AMC 15.20.030L, corridors will be delineated according to the criteria set forth in P AMC 15.20.070B, Development Standards _ Ravines, Marine Bluffs and Beaches and Associated Drift Processes. 1. Stream Corridor Zones. This subsection defines zone dimensions for different classes of streams and their tributaries as rated by the Washington State Department of Natural Resources. All properties falling within this zone are subject to review under this Chapter unless excluded by the Planning Director. Dimensions are measured from the seasonal high water elevation of the stream or watercourse as follows: Type 1 250 feet; Type 2 250 feet; Type 3 150 feet; Type 4 100 feet; Type 5 100 feet. Should the stream be located within a ravine, the greater dimension of either the stream corridor zone, or the ravine zone, will be used to define properties subject to the requirements of this Chapter. 2. Stream Corridor Buffers. The following buffers of undisturbed native vegetation shall be provided for different classes of streams and their tributaries as rated by the Washing-ton State Department of Natural Resources. Dimensions are measured from the ordinary high water elevation of the stream or watercourse, or from the top of the bank or dike: Type 1 100 feet Type 2 100 feet Type 3 75 feet Type 4 50 feet Type 5 25 feet 3. Stream corridor widths, and their associated buffers, shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. 4. Additional Buffers. The Planning Director may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the Planning Director may require the applicant to undertake alternative on-site or off-site mitigation measures, 15-51 11-91 15.20.060 site. No construction activity, including clearing or grading, shall be permitted until the information required by this Chapter is reviewed and approved by the City as adequate. Special environmental studies shall include a comprehensive site inventory and analysis, a discussion of the potential impacts of the proposed development, and specific measures designed to mitigate any potential adverse environmental impacts of the applicant's proposal, both on- site and off-site, as follows: 1. A description of how the proposed development will or will not impact each of the following on the subject property and adjoining properties; water quality; a. Erosion and landslide hazard; b. Seismic hazards; c. Drainage, surface and subsurface hydrology, and d. Flood prone areas; e. Existing vegetation as it relates to steep slopes, soil stability, and natural habitat value (for wetlands, refer to Chapter 15.24 PAMC); f. Locally unique landforms: ravines, marine bluffs, beaches and associated coastal drift processes; g. Slopes greater than 40%. 2. Recommended methods for mitigating identified impacts and a uescription of how these mitigating measures may impact adjacent properties. 3. Any additional information determined to be relevant by the City or by the professional consultant who prepared the study. 4. Such studies shall be prepared with assistance by experts in the area of concern, which at a minimum shall include the following types of experts: a. Flood hazard areas: Professional Civil Engineer licensed by the State of Washington; b. Landslide Hazard Areas, Seismic Hazard Areas, and Erosion Hazard Areas: Geologist and/or Geotechnical Engineer; c. Steep Slopes: Geologist or Geotechnical Engineer; d. Wetlands: Biologist with wetlands ecology expertise; e. Streams, Rivers, Riparian Areas, Drainage Corridor, Ravine: Geologist or Geotechnical Engineer; f. Marine Bluffs, Beaches: Geologist or Geotechnical Engineer, Oceanographer. g. Fish and Wildlife Habitats: Biologist C. City Review. 1. The City may in some cases retain consultants at the applicant's expense to assist the review of studies outside the range of staff expertise. 2. All environmentally sensitive studies shall be prepared under the supervision of the City. The Planning Director will make the final determination on the adequacy of these studies. (Ord. 2656 ~ 1 (part), 11-29-91.) 15-50 11-91 15.20.050 - 15.20.060 in Article XI, Section 7, Ordinance No. 1709 as amended, and the burden of proof in such an appeal shall be upon the appellant to prove that the determination of reasonable use made by the Planning Director is incorrect. B. Development Restrictions. 1. The following environmentally sensitive areas shall remain undisturbed except as otherwise provided in Section 15.20.080, Development Exceptions: a. Significant and important wetlands and their buffers, pursuant to the regulations presented in the City's Wetlands Protection Ordinance, Chapter 15.24 P AMC. b. Surface Streams and their buffers, pursuant to Section 15.20.070 of this Chapter. c. Ravines, marine bluffs and their buffers, pursuant to Section 15.20.070 of this Chapter. d. Beaches and associated coastal drift processes pursuant to Section 15.20.070 of this Chapter. 2. All other environmentally sensitive areas identified above in PAMC 15.20.030B are developable pursuant to the provisions of Section 15.20.070 of this Chapter. The applicant shall clearly and convincingly demonstrate to the satisfaction of the Planning Director that the proposal incorporates measures pursuant to this Chapter which adequately protect the public health, safety and welfare. (Ord. 2656 ~ 1 (part), 11-29-91.) 15.20.060 - Submittal Requirements and Support Information Required. A Submittal Requirements Applications for land uses or developments proposed within areas listed, identified, inventoried, classified, rated, or otherwise determined to be environmentally sensitive or which have been so determined by the Planning Director based upon a site specific analysis or such other information supplied which supports the finding that a site or area is likely to contain environmentally sensitive characteristics, shall be filed with all the information requested on the application forms available from the Planning Department. The Planning Director may waive specific submittal requirements determined to be unnecessary for review of a specific application type. All developments proposed on lots or parcels which may contain or adjoin environmentally sensitive areas, as determined by the City, shall be evaluated by the applicant to provide the information necessary for the Planning Department to determine if and to what extent the site contains environmentally sensitive characteristics. The Planning Director shall make the determination to classify a site or portion of a site as environmentally sensitive pursuant to the procedures set forth in P AMC 15.20.040E. For applications which are subject to review pursuant to SEP A, the appeal of a determination that a site is environmentally sensitive shall be made pursuant to the SEP A appeals procedures as set forth in PAMC 15.04.280. B. Supporting Information Required. All land uses and developments proposed on or adjacent to lots or parcels listed, identified, inventoried, classified, or rated as environmentally sensitive shall include supporting studies, prepared to describe the environmental limitations of the 15-49 11-91 15.20.040 - 15.20.050 recognizing that environmentally sensitive areas are a dynamic environmental process, the actual presence and location of environmentally sensitive areas, as determined by qualified professional and technical scientists, shall be established and protected in accordance with all the provisions of this Chapter, which shall govern the treatment of proposed development sites. In the event that any of the environmentally sensitive areas shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. E. The exact location of the boundary of an environmentally sensitive area shall be determined through the performance of a field investigation applying the definitions and criteria provided in this Chapter. Qualified professional and technical scientists shall perform delineations of environmentally sensitive area boundaries. For example, in areas where a Class II or Class III Landslide Hazard is suspected, a geotechnical study would be required to specifically identify the nature and extent of the potential hazard. The Planning Director, as assisted by other City officials, has final responsibility for the accuracy of the submitted information. The applicant may be required to show the location of the environmentally sensitive area boundary on a scaled drawing as a part of a City permit application. The Planning Director may require the delineation of the environmentally sensitive area boundary by scientists and/or experts retained by the applicant. Alternatively, the Planning Director may consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation himself, in which event the applicant will be charged for the costs incurred in accordance with the provisions of this Chapter. Where the Planning Director performs an environmentally sensitive area delineation, such delineation shall be considered a final determination. Where the applicant's scientists and/or experts have provided a delineation of the environmentally sensitive area boundary, the Planning Director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director shall, at the applicant's expense, obtain expert services to render a final delineation. (Ord. 2656 ~ 1 (part), 11-29-91.) 15.20.050 - Permitted Uses and Development Restrictions. A. Permitted Uses Uses permitted on properties classified as environmentally sensitive areas shall be the same as those permitted in the underlying zone. Each use shall be evaluated in accordance with the review process required for the proposed use in the underlying zone in conjunction with the requirements of this Chapter, State and Federal regulations. Nothing in this Chapter is intended to preclude reasonable use of property. If an applicant feels that the requirements of this Chapter as applied to a specific lot or parcel of land do not permit a reasonable use of property, the applicant may request that the Planning Director make a determination as to what constitutes reasonable use of such property. Any decision of the Planning Director in making such a determination shall be subject to the appeal provisions set forth 15-48 11-91 15.20.030 - 15.20.040 3 or 4; areas of perennial or intermittent seepage, ponds and drainageways having short periods of spring or storm runoff. (Ord. 2656 ~ 1 (part), 11-29-91.) 15.20.040 - Applicability. This Section establishes regulations for the protection of properties which are environmentally sensitive (critical areas). Properties listed, identified, classified, or rated as environmentally sensitive areas are those which are or may become designated environmentally sensitive (critical areas) by the City of Port Angeles Comprehensive Plan or by separate studies which indicate that all or portions of a particular area or specific site are environmentally sensitive areas. A site specific analysis which indicates that any element regulated by this Chapter is present will result in a property being classified as environmentally sensitive. A. All development proposals on sites which are identified as environmentally sensitive areas shall comply with the requirements and provisions of this Chapter. Responsibility for administration and enforcement of the provisions of this Chapter shall rest with the Planning Director or the Director's designee. B. For the purposes of this Chapter, development proposals include proposals which require any of the following: building permit, clearing and grading permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, shoreline environmental redesignation, conditional use permit, zoning variance, zone reclassification, planned residen- tial development, subdivision, short subdivision, or any other land use approvals required by ordinance of the City of Port Angeles or the Revised Code of Washington. C. When any p~ovision of any other City ordinance conflicts with this Chapter, that which provides the greatest protection to environmentally sensitive areas shall apply unless specifically provided otherwise in this Chapter. D. This Chapter applies to all lots or parcels on which environmentally sensitive areas are located within the jurisdiction of the City of Port Angeles. For specific environmentally sensitive features (stream corridors, ravines, marine bluffs, beaches), critical area zones shall be defined and designated as set forth below to assure that the properties subject to review under this Chapter encompass all areas necessary to maintain the natural hydraulic and habitat functions of the critical area. The approximate distribution and extent of environmentally sensitive areas in the City and it's Urban Growth Area are displayed on the following series of maps on file with the City of Port Angeles Planning Department: 1. Wetland and Hydric Soil Composite Map, as promulgated pursuant to the City's Wetlands Protection Ordinance, Chapter 15.24 PAMe. 2. Environmentally Sensitive Areas Composite Maps, which shall be prepared and revised as necessary from time to time by the Planning Director or his designee in accordance with this Chapter. These maps are to be used as a guide to the general location and extent of environmentally sensitive areas. The maps shall be used to alert the public and City officials of the potential presence of environmentally sensitive areas on-site or off-site of a development proposal. Given the generalized nature of these maps and 15-47 11-91 15.20.030 - moderate value to protect water quality. This classification shall be applied to segments of natural waters which: a. Are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the Department of Natural Resources to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 3 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; b. Are used by significant numbers of anadromous fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have significant anadromous fish use: i. Stream segments having a defined channel of 5 feet or greater in width between the ordinary high-water marks; and having a gradient of less than 12 percent and not upstream of a falls of more than 10 vertical feet. ii. Impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to an anadromous fish stream. c. Are used by significant numbers of resident game fish. Waters with the following characteristics are presumed to have significant resident game fish use: i. Stream segments having a defined channel of 10 feet or greater in width between the ordinary high-water marks; and a summer low flow greater than 0.3 cubic feet per second; and a gradient of less than 12 percent. ii. Impoundments having a surface area greater than 0.5 acre at seasonal low water. d. Are high significant for protection of downstream water quality. Tributaries which contribute greater than 20 percent of the flow to a Type 1 or 2 Water are presumed to be significant for 1,500 feet from their confluence with the Type 1 or 2 Water or until their drainage area is less than 50 percent of their drainage area at the point of confluence, whichever is less. 4. "Type 4 water" shall mean segments of natural waters which are not classified as Type 1, 2 or 3. Their significance lies in their influence on water quality downstream in Type 1, 2 or 3 waters. These may be perennial or intermittent. This classification shall be applied to segments of natural waters which are not classified as Type 1, 2 or 3, and for the purpose of protecting water quality downstream are classified as Type 4 Water upstream until the channel width becomes less than 2 feet in width between the ordinary high-water marks. 5. "Type 5 water" means all other waters, in natural water courses, including streams with or without a well-defined channel, areas of perennial or intermittent seepage, ponds, and natural sinks. Drainage ways having short periods of spring runoff are considered to be Type 5 waters. This classification shall be applied to all natural waters not classified as Type 1, 2, 15-46 11-91 15.20.030 o. "Stream corridor zones" means variable width planning areas defined as setbacks from the ordinary high water elevation of the stream or watercourse, or from the top of the bank or dike. Zones include both year- round and seasonal waterways, but vary in width depending on the rating of the stream. If the stream or watercourse is contained within a ravine, the corridor zone will be established using the Locally Unique Feature Corridor Zone. P. "Species of Concern and Priority Species Habitat" means habitat supporting: (a) wildlife species that are of concern due to their population status and their sensitivity to habitat alteration; and (b) recreationally important species for which the maintenance of a stable population and surplus for recreation may be affected by habitat loss or change. Q. "Water types" include categories established pursuant to WAC 222-16-020 and -030, as follows: 1. "Type 1 water" means all waters, within their ordinary high- water mark, as inventoried as "shorelines of the state" under chapter 90.58 RCW, but not including those waters' associated wetlands. 2. "Type 2 water" shall mean segments of natural waters which are not classified as Type 1 water and have a high use and are important from a water quality standpoint for domestic water supplies; public recreation; fish spawning, rearing, or migration or wildlife uses; or are highly significant to protect water quality. This classification shall be applied to segments of natural waters which: a. Are diverted for domestic use by more than 100 residential or camping units or by a public accommodation facility licensed to serve more than 100 persons, where such diversion is determined by the Department of Natural Resources to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 2 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; b. Are within a federal, state, local, or private campground having more than 30 camping units: Provided. that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement; c. Are used by substantial numbers of anadromous or resident game fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have highly significant fish populations: i. Stream segments having a defined channel 20 feet or greater in width between the ordinary high-water marks and having a gradient of less than 4 percent. ii. Impoundments having a surface area of 1 acre or greater at seasonal low water. 3. "Type 3 Water" shall mean segments of natural waters which are not classified as Type 1 or 2 water and have a moderate to slight use and are moderately important from a water quality standpoint for domestic use; public recreation; fish spawning, rearing, or migration or wildlife uses; or have 15-45 11-91 15.20.030 United States Geological Surveyor Department of Natural Resources Division of Geology and Earth Resources. 2. Any area with a combination of: (a) slopes fifteen percent (15%) or steeper, and (b) impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel); and, (c) springs or ground water seepage. 3. Any slope forty percent (40%) and with a vertical relief of ten or more feet except areas composed of consolidated rock. 4. Any slope greater than eighty percent (80%). 5. Any area which has shown movement during the past 10,000 years or which is underlain by mass wastage debris from that period of time. 6. Any area potentially unstable as a result of rapid stream incision, stream bank erosion (e.g. ravines) or under-cutting by wave action (e.g. marine bluffs). H. "Locally unique features" means landforms and features that are important to the character of the City of Port Angeles and the adjoining Port Angeles Urban Growth Area. These features or landforms usually contain more than one "critical area". Locally unique features in the Port Angeles region include ravines, marine bluffs, and beaches and associated coastal drift processes. I. "Locally unique feature zones" means variable width planning areas defined as setbacks from the top of ravines or bluffs, or corresponding to the shoreline management zone for beaches and associated coastal drift processes. J. "Marine bluffs" means coastal features resulting from wave erosion undercutting uplands located adjacent to the shoreline, creating vertical cliffs that are an important source of sediment for coastal drift processes and the landforms created by these processes. K. "Priority habitats" means areas with one or more of the following attributes: comparatively high wildlife density; high wildlife species richness; significant wildlife breeding habitat, seasonal ranges, or movement corridors; limited availability; and/or high vulnerability. L. "Ravines" means narrow gorges normally containing steep slopes, having little or no defined floodplain, and deeper than ten (10) vertical feet as measured from the centerline of the ravine to the top of the slope. M. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. N. "Steep slope hazard areas" means any ground that rises at an inclination of forty percent (40%) or more within a vertical elevation change of at least ten (10) feet (a vertical rise of ten feet or more for every twenty-five feet of horizontal distance). A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten feet of vertical relief. 15-44 11-91 15.20.030 15.20.030 - Definitions. For the purposes of this Chapter, the following definitions shall apply: A. "Beaches and associated coastal drift process areas" means the areas that encompass marine shorelines which contain important sites of material supply, transport and deposition that define the present landforms and natural character of the Port Angeles shoreline. B. "Critical areas" and "environmentally sensitive areas" include any of the following areas and ecosystems: 1. Wetlands; 2. Streams or stream corridors; 3. Frequently flooded areas; 4. Geologically hazardous areas: a. Erosion hazard areas, b. Landslide hazard areas, c. Seismic hazard areas; 5. Significant fish and wildlife habitat areas; and 6. Locally unique features: a. Ravines; b. Marine bluffs; c. Beaches and associated coastal drift processes. C. "Erosion hazard areas" means those areas containing soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe eroSIOn. D. "Frequently flooded areas" means lands in the floodplain subject to a one percent or greater chance of flooding in any given year (the 100-year storm flood). These areas include but are not limited to streams, rivers, lakes, coastal areas, wetlands, and the like. E. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological event, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. F. "Habitats of local importance" means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands. G. "Landslide hazard areas" means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. The following areas are considered to be subject to landslide hazards: 1. Areas of historic failures or potentially unstable slopes, such as areas mapped within Soils Conservation Service Slide Hazard Area Studies; as unstable by the 1978 Coastal Zone Atlas; and as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the 15-43 11-91 15.20.020 15.20.020 - Purpose. Surface streams and flood hazards, geologic hazards (erosion, landslide, seismic), steep slopes, fish and wildlife habitat areas, locally unique features (ravines, marine bluffs, beaches) and protective buffers constitute environmentally sensitive areas that are of special concern to the City of Port Angeles. The purpose of this Chapter is to protect the environmentally sensitive resources of the Port Angeles community on an interim basis as required by the Growth Management Act and as provided in the Guidelines promulgated by the Department of Community Development. Accordingly, the intent of this Chapter is to use a performance-based approach and establish minimum standards for development of properties which contain or adjoin environmentally sensitive features and to protect the public health, safety, and welfare in regard to environmentally sensitive areas by: A. Mitigating unavoidable impacts by regulating alterations; B. Protecting from impacts of development by regulating alterations; C. Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence; D. Protecting against publicly financed expenditures in the event environmentally sensitive areas are misused, which causes: 1. Unnecessary maintenance and replacement of public facilities; 2. Publicly funded mitigation of avoidable impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; or 4. Degradation of the natural environment; E. Protecting the public trust in navigable waters and as to aquatic resources; F. Preventing adverse impacts to water availability, water quality and streams; G. Protecting unique, fragile, and valuable elements of the environment, including wildlife and its habitat; H. Alerting appraisers, assessors, owners, potential buyers, or lessees to the development limitations of environmentally sensitive areas; I. Providing City officials with sufficient information to adequately protect environmentally sensitive areas when approving, conditioning, or denying public or private development proposals; and J. Implementing the policies of the State Environmental Policy Act, Chapter 43.21C RCW; the City of Port Angeles Comprehensive Plan; this Chapter of the Port Angeles Municipal Code; and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by the City of Port Angeles. K. Provide protection of environmentally sensitive areas for an interim period until the City can complete more detailed studies of the environmentally sensitive areas within the City and adopt a comprehensive set of policies pertaining to protection of environmental resources and amend regulations which implement the policies. (Ord. 2656 ~ 1 (part), 11-29-91.) 15-42 11-91 15.20.010 6. Piping of streamflow and crossing of streams by culverts, which increases potential for downstream flooding, reduces migratory fishery range and, therefore, fish populations, removes habitat, and eliminates the biotic community; and 7. Construction near or within streams, which adversely impacts fish and wildlife by destroying habitat and degrading water quality and increases potential for flooding, property damage, and risk to public health, safety, and welfare. B. Development of geological (erosion hazard, landslide hazard, seismic hazard) hazard areas and steep slopes results in: 1. Potential threat to the health and safety of residents and employees of businesses within the City; 2. Potential damage or loss to public and private property within the City; 3. Potential degradation of water quality and the physical characteristics of waterways due to increased sedimentation; 4. Potential losses to the public as a result of increased expenditures for replacing or repairing public facilities; providing publicly funded facilities to reduce or eliminate potential hazards to life and property; providing emergency rescue and relief operations; and from potential litigation resulting from incompatible development in these areas. C. Development of fish and wildlife habitat areas results in: 1. Losses in the numbers and varieties of aquatic and terrestrial wildlife species; 2. Loss of streamside vegetation that increases erosion and sedimentation, and reduces the quality of water resources; 3. Loss of opportunities for outdoor recreation such as hunting, fishing, bird-watching, sightseeing and similar activities; 4. Loss of economic opportunities in forestry, fisheries, shellfish and tourism industries; 5. Loss of opportunities for scientific research and education. D. Development of locally unique land features (ravines, marine bluffs, beaches) results in: 1. Disruption of the natural functioning of region surface drainage systems and the aquatic and terrestrial wildlife that depend on this habitat; 2. Increased threat to life and property as a consequence of exposure to geologic hazards and flooding; 3. Disruption of natural longshore drift processes that help maintain Ediz Hook and Port Angeles Harbor; 4. Destruction of natural greenbelts that serve to enhance the visual character of the community and serve as "community separators" that reduce the perceived degree of urbanization; 5. Loss of opportunities for trail systems and other forms of passive recreation. (Ord. 2656 ~ 1 (part), 11-29-91.) 15-41 11-91 15.20.0lD CHAPTER 15.20 ENVIRONMENTALLY SENSITIVE AREAS PROTECTION Sections: 15.20.0lD Findings of Fact 15.20.020 Purpose. 15.20.030 Definitions. 15.20.040 Applicability. 15.20.050 Permitted Uses. 15.20.060 Submittal Requirements. 15.20.070 Development Standards. 15.20.080 Development Exceptions. 15.20.090 Tracts and Easements. 15.20.100 Securities and Enforcement. 15.20.0lD - Findings of Fact. The City Council of the City of Port Angeles hereby finds that: A. Development in stream corridors results in: 1. Siltation of streams, which destroys spawning beds, kills fish eggs and alevins, irritates fish gills, reduces aquatic insect populations, fills stream channels, and causes flooding; 2. Loss of stream corridor vegetation, which raises stream temperatures, destabilizes streambanks, causes erosion, removes nutrients by removing source of fallen leaves and streamside insects, increases sedimentation, and reduces recruitment of large wood debris necessary for stream structure; 3. Elimination of wildlife and fish habitat. The stream corridor is especially sensitive and is recognized as being among the most productive terrestrial and aquatic ecosystems. It usually provides all four of the basic habitat components - water, food, cover and space. The stream corridor is usually richer in habitat diversity and, consequently, wildlife diversity and numbers of individuals are higher than in adjoining upland plant communities. Certain fish and wildlife species are totally dependent on the stream corridor and as uplands are developed, stream corridors become a place of refuge for many wildlife species; 4. Increased peak flow rates and decreased summer low flow rates of streams, resulting in negative impacts to the physical and chemical requirements critical for sustained fish populations; 5. Stream channelization, which increases current velocity and bank erosion, removes critical fish rearing and spawning habitat, and reduces habitat diversity and simplifies the biotic community; 15-40 11-91 15.16.010 - 15.16.030 Chapter 15.16 NOISE CONTROL sections: 15.16.010 15.16.020 15.16.030 Adoption. Variances. Penalties. 15.16.010 Ado-ption. The following Chapters of Title 173, Washington Administrative Code, as now exist- ing, and all future amendments, additions and new sec- tions, are hereby adopted by reference: A. Chapter 173-58 WAC - Sound Level Measurement Procedures; B. Chapter 173-60 WAC - Maximum Environmental Noise Levels; C. Chapter 173-70 WAC - Watercraft Noise Perform- ance Standards. (Ord. 2309 ~1, 9-1-84.) 15.16.020 Variances. Any person seeking a vari- ance as provided for in the regulations adopted by this Chapter shall file an application with the Board of Ad- justment within ten days of being cited for a noise vio- lation. The application shall be accompanied by infor- mation demonstrating why the applicant believes imme- diate compliance with noise requirements cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods. The Board of Adjustment shall grant or deny variances in accordance with the procedures and requirements set forth in WAC 173-60-080. (Ord. 2309 ~2, 9-1-84.) 15.16.030 Penalties. Any person found in viola- tion of the established noise levels of this Chapter shall be subject to a civil penalty not to exceed One Hundred Dollars per day of violation. (Ord. 2309 ~3, 9-1-84.) 15-39 10-90 " , " .. .. ' 17.01.010 TITLE 17 ZONING Chapters: 17.01 Purpose and Scope 17.03 Establishing Mapped Zones and Regulations 17.08 Rules and Definitions 17.10 RS-7 - Residential Single-Family (7,000 sq,ft.) 17.11 RS-9 - Residential Single-Family (9,000 sq,ft.) 17.12 RMF - Residential Multi-Family 17.13 RTP - Residential Trailer Park 17.18 Bed and Breakfast Conditional Use 17.20 OC - Office Commercial District 17.23 CN - Neighborhood Commercial District 17.24 CSD-C - Community Shopping District 17.26 ACD - Arterial Commercial District 17.28 CBD - Central Business District 17.32 LI - Light Industrial District 17.34 M-2 - Heavy Industrial 17.40 PBP - Public Buildings and Parks 17.67 Adult Entertainment Conditional Use Permit 17.70 PRD - Planned Residential Development District 17.86 HO - Home Occupations 17.87 RS - Retail Stand Conditional Use 17.91 Homes for the Elderly, Nursing Homes, Group Care Homes 17.92 Wrecking Yards, Junk Yards 17.94 General Provisions, Conditions and Exceptions 17.95 Special Provisions 17.96 Administration and Enforcement CHAPTER 17.01 PURPOSE AND SCOPE Sections: 17.01.010 Purpose. 17.01.010 Purpose. This comprehensive Ordinance is adopted for the following purposes: A. To divide the City into zones and districts 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. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) 17-1 1-92 17.01.010 t .. B. To protect the character and maintain the stability of residential, commercial, and manufacturing areas within the City, and to promote the orderly development of such areas. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) C. To regulate the intensity of use of lots and parcels of land, and to determine the area of open spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) D. To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles. (Ord. 2668 ~1 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) E. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, or other uses within such lines. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) F. To prevent the overcrowding of land and undue concentration of structures so far as is possible and is appropriate in each district, by regulating the use and the bulk of buildings in relation to the land surrounding them. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) G. To provide protection from fire, explosion, noxious fumes, and other hazards in the interest of public health, safety, comfort, and general welfare. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) H. 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. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) I. To prohibit uses, buildings, or structures which are incompatible with the character of development or the permitted uses within specified zoning districts. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) J. To conserve the taxable value of land and buildings throughout the City. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) K. To define and to limit the powers and duties of the administrative officers and bodies as provided herein. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) L. Zoning Intentions: 1. RS-7 Zone - The purpose of the RS-7 District is to create and preserve urban single-family residential neighborhoods consisting of predominantly single-family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single-family residential environment may also be located in this district. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2385 ~ 1 (part), 5-18-86; Ord. 1709 ~ 1 (part), 12-22-70.) 2. RS-9 Zone - The purpose of the RS-9 District is to create and preserve suburban single-family residential neighbor-hoods consisting of predominantly single-family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single-family residential environment may be located in this District. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2385 ~2 (part), 5-18-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17-2 ~ jJ/ ; 1-92 17.01.010 .. 3. RMF Zone - This zone is the designated area for multi- family residential 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. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 4. PRD District - This District is to provide alternative zoning regulations which permit and encourage design flexibility, conservation of natural amenities, and innovation in residential developments. 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 conditional 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 zoning districts. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 5. RTP Zone - This zone is intended for mobile home occupancies only. Conventional dwellings are excluded, but the area is regarded as essentially residential in character. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 6. OC Zone - It is 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. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2109 ~ 2, 12-7-80.) 7. CN Zone - The purpose of the Neighborhood Commercial District, which shall also be known as CN, is to create and preserve areas for business that provide the goods and services for the day-to-day needs of the surrounding residential areas. Such a District shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2553 ~ 1, 12-2-89.) 8. CSD-Cl Zone - This zoning is essentially the same as the CN District with the difference being lack of planned development as a single project. It represents those areas where businesses occur on small sites and are of the type providing goods and services required daily by the surrounding residential zones. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 9. CSD-C2 Zone - This zone is also oriented primarily to those businesses serving the immediate needs of the surrounding residential zones but is slightly less restrictive than the CSD-C1 zone and as such provides 17-3 1-92 17.01.010 , 4 a transition area from the most restrictive commercial zones to those of lesser restrictions. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 10. CBD Zone - To strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this District to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2303 ~ 1 (part), 7-4-84; Ord. 1709 ~ 1 (part), 12-22-70.) 11. ACD Zone - To create and preserve areas for business serving the entire City that need an arterial location because of the nature of the business or intensity of traffic generated. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2293 ~ 1 (part), 4-4-84.) 12. LI Zone - To create and preserve areas for industrial uses in a planned, park-like setting, in close proximity to airports and highways. (Ord 2668 ~ 1 (part), 1-17-92; Ord. 2329 ~ 1 (part), 3-11-85.) 13. M-2 Zone - The least restrictive industrial area intended to be the area in which heavy industry could develop causing the least friction with other land uses. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 14. PBP Zone - A zoning designation for publicly-owned property, or property not 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". (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 15. Bed and Breakfast Conditional Use - The purpose of the bed and breakfast conditional use is to ensure the 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. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2483 ~ 1 (part), 3-23-88.) 16. Home Occupation Conditional Use - The purpose of the Home Occupation Conditional Use is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental to the primary use and is compatible with the residential character of the neighborhood. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2103 ~2, 10-18-80.) 17. Retail Stand Conditional Use - The purpose ofthis Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, are conducive to the public health, safety, and welfare, and promote the diversity of retail stand activity. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 2070 ~ 1 (part), 3-29-80.) 18. Adult Entertainment Conditional 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. (Ord. 2668 ~ 1 (part), 1-17-92); Ord. 2511 ~ 1 (part), 10-4-88.) 17-4 1-92 . , " ' 17.01.010 - 17.03.020 19. Elderly Housing Conditional Use - In order to provide adequate facilities and environment for elderly persons in the City of Port Angeles, special provisions are needed and shall be established and maintained. (Ord. 2668 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) CHAPTER 17.03 ESTABLISHING MAPPED ZONES AND REGULATIONS Sections: 17.03.010 Purpose. 17.03.020 Zoning Map. 17.03.010 Purpose. For the purpose of these Regulations the City of Port Angeles is divided into twelve zoning classifications as follows: ABBREVIATED CHAPTER DESIGNATION ZONE CLASSIFICATION 17.11 RS-9 Residential Single-Family District Residential Single-Family District Residential Multi - Family District Residential Trailer Park District Office Commercial District Neighborhood Commercial District CSD-C1 Community Shopping District CSD-C2 Community Shopping District 17.26 ACD Arterial Commercial District 17.28 CBD Central Business District 17.32 U Industrial Park District 17.34 M-2 Heavy Industrial District 17.40 PBP Public Building - Park District (Ord. 2668 ~2 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.10 RS-7 17.12 RMF 17.13 RTP 17.20 17.23 OC CN 17.24 17.03.020 Zoning Map. A Zoning Map, showing the location and the boundaries of the various zoning districts in the City, shall be established as the Official Zoning Map, and shall be an integral part of these Zoning Regulations. (Ord. 2668 ~2 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17-5 1-92 17.08.001 - 17.08.002 ) . Chapter 17.08 RULES AND DEFINITIONS Sections: 17.08.001 General. 17.08.002 Rules. 17.08.010 "A". 17.08.015 "B". 17.08.020 "C". 17.08.025 "D". 17.08.030 "E". 17.08.035 "F". 17.08.040 "G". 17.08.045 "Hit. 17.08.050 "J". 17.08.055 "K". 17.08.060 "L". 17.08.065 "M". 17.08.070 "N". 17.08.075 "0". 17.08.080 uP". 17.08.090 IIR". 17.08.095 "S". 17.08.100 "T'. 17.08.105 "U". 17.08.110 "V". 17.08.125 "yn. 17.08.130 "Zit. 17.08.001 General. Words and terms in this Article are included because of special or particular meanings as they are used in these Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.002 Rules. In the construction of these 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 phase "used for" shall include the phrases 17-6 1-92 , , , ' 17.08.002 ~ 17.08.015 "arranged for", "designed for", "intended for", "maintained for", and "occupied for". (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70. ) 17.08.0lD - "A" A. Accessory Building or Use - one which: 1. is subordinate to, and serves a principal building or principal use, and 2. is subordinate in area, extent or purpose to the principal building or principal use served, and 3. is located on the same zoning lot as the principal building or principal use served. An accessory building or use includes, but is not limited to the following: 1. 2. permitted use. 3. incinerators incidental to a permitted use. 4. storage of goods used in or produced by manufacturing activities, on the same zoning lot with such activities, unless such storage is excluded by the district regulations. 5. offstreet motor vehicle parking areas and loading facilities. 6. signs as permitted and regulated in each district in these Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Adult Family Home - an adult home is the regular family dwelling of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010). (Ord. 2652 ~ 1 (part), 9-27-91.) C. Alley - a public right of way which provides service access to abutting property. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70. ) D. Apartment - a room, or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one family. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) a children's playhouse, garden house, or private greenhouse. a garage, carport, or a building for storage incidental to a 17.08.015 - "B" A. Billboard - (See definition of Outdoor Advertising Display, Sign or Billboard). (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Building, Accessory - (See "Accessory Building or Use"). (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Building, Detached - a building surrounded by an open space on the same lot as the principal building. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17-7 1-92 17.08.015 - 17.08.020 D. Building Line - front, side and rear building lines are the lines on each zoning lot that delineate the area within which construction of principal buildings is confined. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) E. Building, Principal - the major building on a lot, the building which houses the major use of the land and the structures on a zoning lot. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) F. Building, Residential - a building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) G. Business Parking Lot and/or Structures - a commercial offstreet parking lot or structure used exclusively for parking and/or storage of vehicles. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 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. (Ord.2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Child Day Care - child day care is the provision of supplemental parental care and supervision for a non-related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services. The term is not intended to include baby sitting services of a casual, non-recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocative child care by a group of parents in their respective homes. (Ord. 2652 ~ 1 (part), 9-27-91.) C. Child Day Care Center - a child day care center provides for the care of 13 or more children. The child day care center shall not be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation, or is separate from the usual living quarters of the family. (Ord. 2652 ~ 1 (part), 9-27-91.) D. Commission - the appointed Planning Commission. (Ord. 2652 ~1 (part), 9-27-91; Ord.1709 ~1 (part), 12-22-70.) E. Conditional Use Permit - a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) F. Conditional Use - a use permitted in a zoning district but 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17-8 1-92 J . . I , , 17.08.020 - 17.08.025 G. 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 zoning district in which such building or structure is located. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) H. Conforming Lot - a lot that contains the required width, depth and square footage as specified in the zoning district in which the lot is situated. (Ord. 2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) I. Conforming Use - a use that is listed as a Permitted or Conditional Use in the zoning district in which the use is situated. (Ord.2652 ~1 (part), 9-27-91; Ord.1709 ~1 (part), 12-22-70.) J. Council - the City Council. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) K. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.025 - "D" A. Dormitory - a residence hall providing sleeping rooms, with or without eating facilities. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Dump - an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or non- combustible refuse. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Duplex - a residential building containing two one-family dwelling units within the four walls of the building. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) D. Dwelling - a building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multi-family dwellings, but not including hotels, motels or lodging houses. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) E. Dwelling Unit - one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12~22-70.) F. Dwelling, One-Family - a building containing one dwelling unit only. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) G. Dwelling, Two-Family - a building containing two dwelling units only. (Ord. 2652 ~1 (part), 9-27-91; Ord.1709 ~1 (part), 12-22-70.) H. Dwelling, Multi-family - a building or a portion thereof containing three or more dwelling units. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17-9 1-92 17.08.030 - 17.08.045 17.08.030 - "E" A Erected - construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the floor area of the interior of the building or structure. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Establishment, Business or Cqmmercial - a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Existing (pre-existing) - a use, lot, or building that existed at the time of the passage of these Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.035 - "F" A. Family - one person or two or more legally related persons living together, or not more than six unrelated persons living together as a single, nonprofit, housekeeping unit; provided that there shall not be more than four unrelated persons living together with legally related persons as a single, nonprofit, housekeeping unit. (Ord. 2652 ~ 1 (part), 9-27-91.) B. Family Day Care Home - a family day care home regularly provides day care during part of the 24-hour day to 12 or fewer children, incidental to a primary residential use. (Ord. 2652 ~ 1 (part), 9-27-91.) C. Fence - that which is built, constructed, or grown, 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. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~Q1 (part), 12-22-70.) 17.08.040 - "G" A. Garage, Private - a building or structure other than a portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles, primarily only those vehicles belonging to the occupants of the main building. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) B. Garage, Public - a building or structure other than a private garage, used for the care, repair, or storage of automobiles, or where motor vehicles are kept for remuneration, hire, or sale. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.045 - "H" A. Height - total distance in feet from average ground elevation at perimeter walls to top of sign or structure. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Home Occupation - is an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly subordinate to the residential use of the property. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 2103 ~ 1, 10-18-80; Ord. 2265 ~ 1 (part), 9-19-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17-10 1-92 , . " J , , , ~ 17.08.045 - 17.08.060 C. Hospital - an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by Washington State Law. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) D. Hospital, Mental - (Including treatment of alcoholics) - an institution licensed by Washington State Agencies under provisions of law to offer facilities, care, and treatment for cases of mental and nervous disorders and alcoholics. (Ord. 2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) 17.08.050 - "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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.055 - "K" A. Kennel - a place where three (3) or more dogs or cats, four months old or older, or any combination of dogs and cats, are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not. Provided that this shall not include house pets. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.060 - "L" A. Legal Building, Structure, Land Use - any building, structure or use of the land that complies with all zoning requirements. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Lot - a lot is a zoning lot, except as the context shall indicate a lot of record, in which case a lot is a "lot, of record". (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Lot, of Record - a parcel of land' that is registered as a lot or parcel of land in the records of the County Auditor. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) D. 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 mayor may not coincide with a lot of record. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) E. Lot, Corner - a lot situated at the intersection of two or more streets. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) F. Lot, Reverse Comer - a comer lot in which the rear property line coincides with the side property line of an abutting lot. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) G. Lot, Through - a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other; not a corner lot. 17-11 1-92 17.08.065 - 17.08.075 Both lot lines abutting streets shall be deemed front lot lines. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) H. Lot Line, Front - that boundary of a lot which abuts a street. (Ord 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 1. Lot Line, Rear - that boundary of a lot which is most distant from and is most nearly parallel to the front lot line. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) J. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.065 - "M" A Medical-Dental Building - a building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Motel - an establishment consisting of a group of living or sleeping accommodations with bathroom, with or without kitchen facilities, located on a single zoning lot and designed for use by transient tourists. (Ord. 2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) C. Motor Freight Terminal - a building or area in which freight brought by motor truck is assembled and/or stored for routing intrastate and interstate shipment by motor truck. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.070 - "N" A Nonconforming Building or Structure - any building or structure which does not conform with the lot area, yard, height, or lot coverage restrictions in these Regulations, or is designed or intended for a use that does not conform to the use regulations for the district in which it is located, either at the effective date of these Regulations or as the result of subsequent amendments to these Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Nonconforming Use - any use of land, building or structure which does not comply with all of these Zoning Regulations or of any amendment hereto governing use for the zoning district in which such use is situated. (Ord. 2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) C. Noxious Matter - material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well-being of individuals. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) 17.08.075 - "0" A. Offstreet Parking Space - an area of at least 10 feet in width and 20 feet in length situated on territory other than a public or private street, alley, highway or trafficway, and used only for the storage of vehicles. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) 17-12 1-92 , . ; ; " ' 17.08.075 - 17.08.090 B. Outdoor Advertising Display, Sign, or Billboard - any material of any kind placed, painted or printed for outdoor advertising purposes on or in the ground, or on any tree, wall, rock, fence, building, or structure. (Ord. 2652 ~1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) C. Outdoor Advertising Structure - a structure of any kind erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display, sign, or billboard is or may be placed. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.080 - "P" A. People with Functional Disabilities - people with functional disabilities means (1) a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or (b) needing supports to ameliorate or compensate for the effects of the functional disabilities so as to lead as independent a life as possible, or (c) having a physical or mental impairment which substantially limits one or more of such person's major life activities, or (d) having a record of such impairment; or (2) being regarded as having such an impairment, but such term does not include current, illegal use of, or active addiction to a controlled substance. Ord. 2652 ~ 1 (part), 9-27-91.) B. Person - includes an individual, firm, partnership, association or corporation. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Professional Offices - offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished from the handling of commodities. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) D. Public Open Space - any public owned open area; parks, playgrounds, playfields, beaches, waterways, parkways, boulevards, streets, greenbelts. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.090 - "R" A Reclassification - a change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Recreation Facility or Area, Non-Commercial - a facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground. or other similar use operated and maintained by a non-profit club or organization. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Residence - a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type, or intended use, of a building. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70. ) D. Residential Care Facility - a residential care facility means a facility, licensed by the State, that cares for at least 5 but not more than 15 17-13 1-92 17.08.090 - 17.08.095 people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175. (Ord. 2652 ~ 1 (part), 9-27-91.) E. Rest Home, Nursing Home, Home for the Elderly - a private home or institution for the care of the aged or the infirm; a place of rest and care for those suffering bodily disorders. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) F. Roof - a structure covering any portion of a building or structure, including the projections beyond the walls or supports. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.095 - "S" A. Service Station - an establishment which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and similar parts. (Ord. 2652 ~1 (part) 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) B. Setback - the required minimum distance between any lot line and any structure or building. (Ord. 2666 ~ 1 (part), 1-17-92.) C. Sign, Advertising - a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) D. Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to, supported by, and no more than 2 feet distance from, a building. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) E. Sign, Billboard - an outdoor advertising display, structure or sign, over 250 square feet in area, attached or detached, lighted or unlighted. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 {j 1 (part), 12-22-70.) F. Sign, Business - a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises on which such sign is located or to which it is affixed. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) G. Sign, Detached - a sign or billboard, lighted or unlighted, which is separated from and not a part of a building. A sign or billboard on the top of and more than two feet in distance from a building shall be considered a detached sign. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) H. Sign, Flashing - a sign which is illuminated by artificial light which is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Zoning Code, a revolving illuminated sign shall also be considered a flashing sign. (Ord. 2666 {j 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17-14 1-92 , ' 17.08.095 - 17.08.100 1. Sign, Official Traffic, Directional, or Warning - a sign that is erected by a public authority to protect the health, safety and welfare of the public. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) J. Sign, Temporary - a sign constructed of cloth, canvas, cardboard, wallboard, or other lightweight material, intended to be displayed for a limited period of time, not to exceed thirty (30) days within a single calendar year, typically advertising a one-time event, unless otherwise specified. (Ord. 2666 ~ 1 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) K. Stable, Private - a detached accessory building in which only the horses and cows owned by the occupants of the premises are kept, and in which no horses and cows are kept for hire, remuneration, or sale. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) L. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) M. Story - the space between the floor and the ceiling above said floor. A basement shall be considered a story when more than half of the basement height is above the finished lot grade. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) N. Street - a public right-of-way which affords a primary means of access to abutting property. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) O. Street Right-of-Way Line - the boundary line between a street and abutting property. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) P. 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 or water, but not including fences or walls used as fences six feet or less in height. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) Q. Structural Alteration - any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) R. Supported Living Arrangements - a supported living arrangement means a dwelling unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. (Ord. 2652 ~ 1 (part), 9-27-91.) 17.08.100 tiT' A. Through Lot - (See "Lot, Through".) (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Trailer, Automobile (Mobile Home, Vacation Trailer) - a vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation; including a trailer coach and any self-propelled vehicle 17-15 1-92 17.08.100 - 17.08.125 . , having a body designed for, or converted to the same uses as an automobile trailer without motor power. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Trailer Park, Trailer Court, Mobile Home Park - any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.105 - "U" A. 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. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Use, Principal- the main use of land or buildings as distinguished from a subordinate or accessory use. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Utility Building or Structure - an installation to provide utility service. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.110 - "V" A Variance - an adjustment in the application of the specific regulations to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.08.125 - "Y" A Yard - an open space on a zoning lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in the Permitted Intrusions in Required Yards in these Regulations. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) B. Yard, Front - extends along the full length of the front lot line, between the two side lot lines and to the closest building on the same lot, or to a distance designated in Zoning Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) C. Yard, Rear - extends along the full length of the rear lot line, between the two side lot lines and to the closest principal building on the same lot, or to a distance designated in Zoning Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) D. Yard, Side - extends along a side lot lien from the front yard to the rear yard, between the side lot line and to the closest building on the same 17-16 1-92 , \ 17.08.125 - 17.10.020 lot, or to a distance designated in Zoning Regulations. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) 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), 9-27-91; Ord. 1709 ~1 (part), 12-22-70.) B. Zoning Lot - a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer, as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot mayor may not coincide with a lot of record. (Ord. 2652 ~ 1 (part), 9-27-91; Ord. 1709 ~ 1 (part), 12-22-70.) Chapter 17.10 RS-7 RESIDENTIAL SINGLE-FAMILY DISTRICT Sections: 17.10.010 Purpose of the RS-7 District. 17.10.020 Permitted Uses. 17.10.030 Accessory Uses. 17.10.040 Conditional Uses. 17.10.050 Area and Dimensional Requirements. 17.10.060 Off-Street Parking. 17.10.070 Signs. 17.10.010 Purpose of the RS-7 District. The purpose of the RS-7 District is to create and preserve urban single-family residential neighborhoods consisting of predominantly single-family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single-family residential environment may also be located in this District. (Ord. 2385 ~ 1 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.10.020 Permitted Uses. A. Detached single-family dwellings (on individual lots ). B. Manufactured homes, on individual lots, provided each manufactured home: 1. Consists of two or more sections, each 8 feet or greater in width along its entire length; Provided that combinations of narrower sections may be substituted if said combinations are at least the equivalent of 8-foot wide sections. 2. Bears an insignia issued by the appropriate Federal agency indicating that it complies with the construction standards of the U. S. Department of Housing and Urban Development (HUD) as amended; 17-17 1-92 17.10.020 - 17.10.050 3. Is placed on an on-grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home, and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all transport appurtenances removed; 5. Is served by underground electrical power. C. Adult Family Home. D. Supported Living Arrangement. (Ord. 2652 ~2, 9-27-91; Ord. 2385 ~ 1 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.10.030 Accessory Uses. A. Garages and carports. B. Greenhouses, gazebos, structures. C. D. 5-28-86.) storage sheds, and similar accessory Swimming Pools. Private television satellite reception dishes. (Ord. 2385 ~ 1 (part), 17.10.040 Conditional Uses. A Agricultural nurseries and greenhouses. B. Art galleries and museums. C. Churches. D. Communications transmission buildings and structures; e.g., radio tower. E. Child daycare centers and pre-schools. F. Duplexes. G. Group homes and hospices. H. Home occupations. 1. Libraries. J. Nursing and convalescent homes. K. Public parks and recreation facilities. L. Public utility structures. M. Public and private schools. N. Radio and television stations, provided that antenna is on site. O. Residential Care Facilities. P. Other uses compatible with the intent of this Chapter. (Ord.2652 ~2, 9-27-91; Ord. 2636 ~2, 5-15-91; Ord. 2385 ~ 1 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.10.050 Area and Dimensional Requirements. A Permitted uses 1. Minimum lot area: 7,000 square feet. 2. Minimum lot width: 50 feet. 3. Minimum setback: Front 20 feet; Rear 20 feet, except 10 feet for detached accessory buildings in the rear one-third of the lot; 17-18 1-92 . . , . 17.10.050 - 17.11.010 Interior 7 feet, except 3 feet for detached accessory sides buildings in the rear one-third of the lot Side, abutting a street 13 feet; Side, abutting an alley: 10 feet; 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. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. B. Conditional uses Conditional uses shall comply with the minimum standards in Subsection 17.1O.050A, unless otherwise specified in Table "A" which is attached hereto and incorporated herein by this reference, or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS-7 District. (Ord. 2385 ~ 1 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.10.060 Off-Street Parking. (See Chapter 14.40 PAMC). (Ord.2385 ~1 (part), 5-28-86; Ord.1709 ~1 (part), 12-22-70.) 17.10.070 Signs. One sign per lot is permitted, which sign shall be one square foot in area, unlighted, and displaying only the name of the occupant; provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures shall be exempt from these restrictions. (Ord. 2385 ~1 (part), 5-28-86; Ord.1709 ~1 (part), 12-22-70.) Chapter 17.11 RS-9 - RESIDENTIAL SINGLE-FAMILY Sections: 17.11.010 Purpose of the RS-9 District. 17.11.020 Permitted Uses. 17.11.030 Accessory Uses. 17.11.040 Conditional Uses. 17.11.050 Area and Dimensional Requirements. 17.11.060 Off-Street Parking. 17.11.070 Signs. 17.11.010 Purpose of the RS-9 District. The purpose of the RS-9 District is to create and preserve suburban single-family residential neighborhoods consisting of predominantly single-family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single-family residential environment may be located in this district. (Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17-19 1-92 17.11.020 - 17.11.040 , . 17.11.020 Permitted Uses. A. Detached single-family dwellings (on individual lots). B. Manufactured homes, on individual lots, provided each manufactured home: 1. Consists of two or more sections, each 8 feet or greater in width along its entire length; Provided that combinations of narrower sections may be substituted if said combinations are at least the equivalent of 8-foot wide sections. 2. Bears an insignia issued by the appropriate Federal agency indicating that it complies with the construction standards of the U. S. Department of Housing and Urban Development (HUD) as amended; 3. Is placed on an on-grade permanent foundation or on footings and piers or on blocks in accordance with HUD's specifications for the specific home, and has skirting installed so that no more than one foot of the skirting is visible above grade; 4. Has all transport appurtenances removed; 5. Is served by underground electrical power. C. Adult Family Home. D. Supported Living Arrangement. (Ord. 2652 ~3, 9-27-91; Ord. 2385 ~2 (part), 5-28-86; Ord. 1945 ~ 1, 10-22-77; Ord. 1709 ~ 1 (part), 12-22-70.) 17.11.030 Accessory Uses. A Garages and carports. B. Greenhouses, gazebos, structures. C. storage sheds, and similar accessory Private stables, provided that: 1. Stables are constructed no closer than property line. 2. 3. 100 feet to any line. A minimum area of 1 acre per horse or cow is maintained. A minimum of 5-foot high fence is installed on property D. Swimming Pools. E. Private television satellite reception dishes. (Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~1 (part), 12-22-70.) 17.11.040 Conditional Uses. A. Agricultural nurseries and greenhouses. B. Art galleries and museums. C. Churches. D. Communications transmission buildings and structures; e.g., radio tower. E. F. G. H. I. J. Child daycare centers and pre-schools. Duplexes. Group homes and hospices. Home occupations. Libraries. Nursing and convalescent homes. 17-20 1-92 17.11.040 - 17.11.070 K Public parks and recreation facilities. L. Public utility structures. M. Public and private schools. N. Radio and television stations, provided that antenna is on site. O. Residential Care Facilities. P. Other uses compatible with the intent of this Chapter. (Ord.2652 ~5, 9-27-91; Ord. 2636 ~3, 5-15-91; Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.11.050 Area and Dimensional Requirements. A. Permitted Uses 1. Minimum lot area: 9,000 square feet. 2. Minimum lot width: 75 feet. 3. Minimum setback: Front 25 feet; Rear 25 feet, except 10 feet for detached accessory buildings in the rear one-third of the lot; 8 feet, except 3 feet for detached accessory buildings in the rear one- third of the lot; Interior sides Side, abutting a street: 18 feet; 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. 4. Maximum lot coverage: 30% 5. Maximum height: 30 feet. B. Conditional Uses Conditional uses shall comply with the minimum standards in Subsection 17.11.050A, unless otherwise specified in Table. "A", or as may be increased by the City Council to ensure that specific conditional uses are compatible with the RS-9 District. (Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.11.060 Off-Street Parking. (See Chapter 14.40 PAMC). (Ord.2385 ~2 (part), 5-28-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.11.070 Signs. One sign per lot is permitted, which sign shall be one square foot in area, unlighted, and displaying only the name of the occupant; provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions. (Ord. 2385 ~2 (part), 5-28-86; Ord. 1709 ~1 (part), 12-22-70.) 17-21 1-92 17.12.010 - 17.12.040 CHAPTER 17.12 RMF - RESIDENTIAL MULTI-FAMILY DISTRICT Sections: 17.12.010 Purpose. 17.12.020 Permitted Uses. 17.12.040 Conditional Uses. 17.12.050 Area and Dimensional Requirements. 17.12.060 Offstreet Parking. 17.12.070 Signs Permitted. 17.12.080 Design and Landscaping. 17.12.010 Purpose. The RMF zone is the designated area for multi- family residential structures. Compatible uses may be allowed on Conditional Use Permits but the zone is still regarded as a residential area, and commercial enterprises are not generally felt to be compatible. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2652 ~5 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91.) 17.12.020 Permitted Uses. A. Single-family residences. B. Non-commercial gardens, greenhouses, orchards. C. Private garages, carports. D. Swimming pools, and cabanas. E. Multi-family dwellings, apartments, duplexes, dormitories. F. Mortuaries, funeral parlors. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2397 ~ 1 (part), 6-16-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.12.040 Conditional Uses. A. Public parks. B. Churches. C. Golf courses. D. Public and private schools. E. Libraries. F. Utility buildings and structures. G. Hospitals and rest homes. H. Business parking. I. Motels. J. Publicly subsidized senior housing developments at a maximum of 58 units per acre. K. Child day care centers, pre-schools, and residential care facilities. L. Group homes and hospices. M. Other uses compatible with the intent of this section. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2535 ~ 1, 5-24-89; Ord. 2397 ~ 1 (part), 6-16-86; Ord. 1709 ~1 (part), 12-22-70.) 17-22 1-92 . . , , 17.12.050 - 17.12.080 17.12.050 Area and Dimensional Requirements. A. Minimum Lot Area 7,000 sq.ft. plus 1,000 sq.ft. for each additional dwelling unit. B. Minimum Yard Requirements 1. Front: 25 feet from front lot line. 2. Sides: No structure shall be permitted closer than 7 feet to any side lot line on the front two thirds of the lot. Detached accessory buildings only, on the rear one third of the lot may be permitted to within 3 feet of the side line. On corner lots, the side yard abutting a street shall have a setback of 13 feet unless more is required by Ordinance No. 1635. 3. Rear: No residential structure shall be permitted within 25 feet of the rear property line. Detached accessory buildings are permitted not closer than 10 feet to the rear property line or alley. C. Maximum Lot Coverage 30% total site area (not to apply to unenclosed swimming pools. ) D. Maximum Height 35 feet. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2397 ~ 1 (part), 6-16-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.12.060 Offstreet Parking. (See Chapter 14.40 P AMC). For publicly subsidized senior housing developments: 2 and 3 bedroom units at 1-1/2 parking spaces per unit; 0 to 1 bedroom units, 1 parking space per unit; and with van service, 1/2 parking space per unit. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2538 ~ 1, 6-28-89; Ord. 2397 ~ 1 (part), 6-16-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.12.070 Signs Permitted. A Permitted Uses: Signs not larger than 10 sq.ft., lighted, but not flashing or intermittent. One per building. B. Conditional Uses: Size and type as determined by Planning Commission. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92; Ord. 2652 ~6 (part), 9-27-91; Ord. 2636 ~9 (part), 5-15-91; Ord. 2397 ~ 1 (part), 6-16-86; Ord. 1709 ~ 1 (part), 12-22-70.) 17.12.080 Design and Landscaping. A All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from view from public rights-of- 17-23 1-92 17.12.080 - 17.13.030 . J way and abutting property by a vision-obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining residential properties and public rights-of-way. C. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. D. One tree shall be provided for each 10 paring spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. E. All parking lots shall be screened by a 3-foot to 60-foot vision- obscuring fence or vegetation on all signs adjacent to residentially zoned property. (Ord. 2668 ~3 (part), 1-17-92; Ord. 2666 ~3 (part), 1-17-92.) CHAPTER 17.13 RTP. RESIDENTIAL TRAILER PARK DISTRICT Sections: 17.13.010 Purpose. 17.13.020 Permitted Uses. 17.13.030 Accessory Uses and Buildings. 17.13.040 Conditional Uses. 17.13.050 Area and Dimensional Requirements. 17.13.060 Offstreet Parking Required. 17.13.070 Signs Permitted. 17.13.080 Trailers. 17.13.090 Trailer Parks. 17.13.100 Additional Development Standards. 17.13.010 Purpose. This zone is intended for mobile home occupancies only. Conventional dwellings are excluded, but the area is regarded as essentially residential in character. (Ord. 2668 ~4 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.13.020 Permitted Uses. Mobile homes. (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~1 (part), 12-22-70.) 17.13.030 Accessory Uses and Buildings. A Propane fuel storage tanks. B. Shower and laundry rooms. C. Lavatories. D. Community recreation rooms. E. Playground equipment. F. Swimming pools, patios. G. Lights (overhead, outdoor). 17-24 1-92 , ' 17.13.040 - 17.13.070 H. Office (manager, owner). (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.) 17.13.040 Conditional Uses. Trailer supplies office. (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.) 17.13.050 Area and Dimensional Requirements. A. Minimum Lot Area: 4 acres for trailer park; 3,500 sq.ft. 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 10 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: 10 feet to rear property line of individual site. 3. Sides: 7 feet to side property line of individual site. E. Minimum total land area required for a trailer park shall be 4 acres. F. There shall be a ratio of 6000 sq.ft. total land area per trailer. Said total land area ratio to include driveways, toilet and laundry buildings, playground-recreation areas, individual trailer sites, and caretaker's quarters. G. Each individual trailer site shall have a minimum lot area of 3500 square feet and a minimum lot width of 40 feet. H. A minimum of 10% of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a playground-recreation area. I. 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 10 feet to any other property line. J. In the interests of fire prevention, there shall be a minimum space of 14 feet between trailers, including cabanas. (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.) 17.13.060 Offstreet Parking Required. (See Chapter 14.40 PAMC). (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.) 17.13.070 Signs Permitted. A. Signs no larger than 12 sq.ft., unlighted, one per trailer park. B. Signs no larger than 1 sq.ft., unlighted, one per individual site. (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.) 17-25 1-92 17.13.080 - 17.13.100 17.13.080 Trailers. Trailers, mobile homes, 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. (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.) 17.13.090 Trailer Parks. A. No person, company or corporation shall establish a new trailer park or mobile home park or enlarge an existing trailer or mobile home park within the City limits of Port Angeles without first obtaining a permit for a trailer park from the Port Angeles Planning Commission. B. Permit Required 1. Fee for each Trailer Park permit shall be $50. 2. Fee for individual sites when permitted outside of transient parks - $1. C. Said Permit shall require the following: 1. A plot plan showing the location of the proposed trailer park and all buildings, sanitary facilities, playground-recreation area, 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 Inspector, Fire Chief and City Manager and Health Officer, regarding City codes, ordinances and standards. (Ord. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~ 1 (part), 12-22-70.) 17.13.100 Additional Development Standards. A Location: Trailer parks may be located upon approval of the Planning Commission and by Conditional Permit from said Commission, in any district 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 driveway of not less than 25 feet in width, 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 5 feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park. 17-26 1-92 17.13.100 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 10 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 or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will present no health hazard. J. Garbage Receptacles: Regulation garbage cans with tight-fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage cans may be located in groups not farther than 100 feet from any mobile home space. The cans 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 cans 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. 2668 ~4 (part), 1-17-92; Ord. 2300 ~2 (part), 5-29-84; Ord. 1709 ~1 (part), 12-22-70.) 17-27 1-92 17.18.010 - 17.18.040 CHAPTER 17.18 BED AND BREAKFAST CONDITIONAL USE PERMIT Sections: 17.18.010 Purpose. 17.18.020 Definitions. 17.18.030 Applicability. 17.18.040 Development Standards. 17.18.050 Application Procedure. 17.18.070 Planning Director's Decision. 17.18.090 Permit Limitations. 17.18.100 Permit Revocation. 17.18.110 Penalties. 17.18.120 Appeals. 17.18.010 Purpose. The purpose of the bed and breakfast conditional use is to ensure the 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. (Ord. 2636 ~4, 5-15-91; Ord. 2483 ~ 1 (part), 3-23-88.) 17.18.020 Definitions. A "bed and breakfast" is a single-family residence containing one kitchen and shared dining area, providing lodging for guests and travelers for a period of up to thirty (30) days and serving primarily breakfast only to people registered to use the facility for lodging or special events that require facilities to provide more than just meals. (Ord. 2483 ~ 1 (part), 3-23-88.) 17.18.030 Applicability. A Conditional Use Permit in accordance with the provisions of this Chapter is required for all bed and breakfasts occurring in residential use districts. Bed and breakfasts shall be conditionally permitted uses within the CSD-C1, Community Shopping Districts. Bed and breakfasts occurring in commercial districts other than the CSD-C1 District, shall be considered hotels and regulated accordingly. (Ord. 2534 ~ 1 (part), 5-24-89; Ord. 2483 ~ 1 (part), 3-23-88.) 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-family residences and shall exhibit no outward appearance of a business or of a non-residential 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. 17-28 1-92 . , 17.18.040 - 17.18.040 D. All off-street parking areas shall be screened in a manner that is compatible with and respectful of adjacent properties. E. All signs located within residential districts shall be no more than five (5) square feet in area, indirectly lighted, and parallel to the building facade to which they are attached unless they are free-standing in the yard. Free-standing signs cannot exceed three feet in height but may be perpendicular to the facade. The light source shall be shielded from abutting property and rights-of-way. There shall be a maximum of two free-standing SIgns. F. All bed and breakfasts shall comply with the applicable local and State Fire and Health Codes. G. All bed and breakfasts shall not be transferable to new locations. H. Size and area requirements: No. of Bdrms. To Let Min. Lot Area o - 4 7,000 sq.ft. (RS-9, 9,000 sq.ft.) 5 - 8 14,000 sq.ft. (RS-9, 18,000 sq.ft.) 9 - 12 28,000 sq.ft. 13 - 16 1 acre 17 - 20 2 acres 21 - 24 4 acres I. Accessory Activities and Facilities *. Bed and breakfasts shall have the following minimum lot area in order to provide these activities or facilities: Activity and/or Facility Minimum Area Hot tub 7,000 sq.ft. (RS-9, 9,000 sq.ft.) 7,000 sq.ft. (RS-9, 9,000 sq.ft.) 1 acre 1 acre Sauna Swimming Pool Tennis Court Other outdoor rec. courts (volley-ball, hand ball) 1 acre Meeting rooms 2 acres Playing fields 2 acres 'NOTE: Combination of activities and facilities; e.g., tennis courts and swimming pools, may require additional lot area beyond the minimum listed; however, the minimum areas are not additive; e.g., if the bed and breakfast has one acre, it can have a pool and a tennis court. N or are these areas additive to the base minimum. J. Any change in the ownership, structure, or the site plan requires a revised permit. (Ord. 2666 ~2, 1-17-92; Ord. 2534 ~ 1 (part), 5-24-89; Ord. 2483 ~ 1 (part), 3-23-88.) 17-29 1-92 17.18.050 - 17.18.100 , . 17.18.050 Application Procedure. A The application for a Conditional Use Permit for a bed and breakfast shall be submitted on a form obtained from the Planning Department and shall also be signed by the owner of the property if other than the applicant. B. Upon receipt of an application satisfying the requirements of this Chapter, the Planning Department shall route it to all appropriate Departments. Each City Department shall submit to the Planning Department recommendations and comments regarding the application. (Ord. 2483 ~ 1 (part), 3-23-88.) 17.18.070 Plannin~ Director's Decision. Following the public hearing the Planning Director shall, in writing, approve, deny or approve with modifications or conditions, the application. The Planning Director 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 (.050) and the following criteria: A Water, sewer, power, road, police and fire, and refuse disposal must be available and adequate for the proposed use. On-site sewage systems may be utilized if principal sewer service is not available and the County Health officials approve the system 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. (Ord. 2483 ~ 1 (part), 3-23-88.) 17.18.090 Permit Limitations. A. Once a Conditional Use Permit has been issued for a bed and breakfast, it shall not be transferred to another location. B. The Conditional Use Permit 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, the structure, or the site plan requires a revised permit. (Ord. 2483 ~ 1 (part), 3-23-88.) 17.18.100 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or 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 17-30 1-92 . , 17.18.100 - 17.18.120 B. Any required licenses have been suspended. revoked, or canceled. Upon denial, suspension or revocation, the Planning Director 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 thirty (30) days, the Planning Director, or his designee, may cause the closure of any bed and breakfast found in violation of this Chapter. (Ord. 2483 ~ 1 (part), 3-23-88.) 17.18.110 Penalties. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. (Ord. 2483 ~ 1 (part), 3-23-88.) 17.18.120 Appeals. A. Any person aggrieved by the decision of the Planning Director under Sections 17.18.070 or .100 may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the Planning Director decision. C. The City Council shall conduct a public hearing on the appeal with public notice being given as provided in ~ 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with ~ 17.96.150. (Ord. 2595 ~8, 6-27-90; Ord. 2483 ~ 1 (part), 3-23-88.) 17-31 1-92 17.20.010 - 17.20.160 Chapter 17.20 OC - OFFICE COMMERCIAL DISTRICT Sections: 17.20.010 Purpose of the Office Commercial Zone. 17.20.040 Permitted Uses. 17.20.080 Accessory Uses. 17.20.160 Conditional Uses. 17.20.200 Area and Dimensional Requirements. 17.20.210 Parking. 17.20.220 Signs. 17.20.230 Design and Landscaping. 17.20.010 Purpose of the Office Commercial Zone. It is 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. (Ord. 2109 ~2, 12-7-80.) 17.20.040 Permitted Uses. A Services: 1. Professional, such as dentists, doctors, lawyers, architects, engineers. 2. Banks, financial institutions, insurance and real estate semces. 3. Medical-dental clinics and offices and laboratories. 4. Child day care centers and pre-schools. B. Residential: 1. Those residential uses permitted in the RMF District, at the RMF density requirements. (Ord. 2652 ~7, 9-27-91; Ord. 2109 ~3, 12-7-80.) 17.20.080 Accessory Uses. Those uses incidental and accessory to the primary use as defined in ~ 17.08.010(A) are permitted. (Ord. 2109 ~4, 12-7-80.) 17.20.160 Conditional Uses. A. Uses requiring review and approval by the Planning Commission and City Council and compliance with ~ 17.96.050: 1. Churches 2. Buildings or development necessary for the operation of a public utility 3. 4. 5. 6. Business colleges; music, art, and dance schools Group homes and hospices Residential care facilities Rest, retirement and convalescent homes 17-32 1-92 . ' . , . , 17.20.160 - 17.20.230 7. Detoxification centers 8. Beauty shops and barber shops 9. Businesses selling medical supplies, goods, instruments, medicine and similar items. 10. Business parking lots not associated with a permitted use on the same site. 11. Other uses compatible with the intent of this Chapter. (Ord. 2702 ~ 1,8-14-92; Ord. 2652 ~8, 9-27-91; Ord. 2636 ~5, 5-15-91; Ord. 2278 ~ 1, 12-26-83; Ord. 2109 ~5, 12-7-80.) 17.20.200 Area and Dimensional Requirements. A Area 7,000 square feet for non-residential uses. Residential uses shall comply with the RMF area requirements. 50 feet for non-residential and residential uses. B. e. Lot Width Setbacks Front Rear 25 feet from property line. 25 feet from property line. Detached accessory buildings shall not be permitted closer than 10 feet to the rear property line. 7 feet from the property line. Detached accessory buildings only on the rear one- third of the lot may be permitted to within 3 feet of the side line. On corner lots the side yard abutting the street shall have a building line setback of 13 feet. D. Maximum Lot Coverage 45%. E. Maximum Building Height 30 feet. (Ord. 2109 ~ 6, 12-7-80.) Side 17.20.210 Parking. (See Chapter 14.40 PAMC). (Ord. 2109 ~7, 12-7-88.) 17.20.220 Signs. Signs shall not exceed 50 square feet; provided, however, that if the site area is 14,000 square feet or greater, then the total allowable sign area may be increased to 100 square feet. No more than 50 square feet of lighted signage may be placed within 50 feet of adjacent residential property. No more than 50 square feet of lighted signage may face residential property located directly across a street. Signs may be lighted, but shall not be the intermittent or flashing type. All freestanding signs shall not exceed five feet in height. All other signs shall not exceed 30 feet in height. (Ord. 2109 ~8, 12-7-80.) 17.20.230 Design and Landscaping. A All outdoor storage areas, except for City mechanized refuse collection system containers, shall be screened from public rights-of-way and abutting property by a vision-obscuring fence 6 feet in height. B. All lighting on the site shall be so directed as to reflect away from adjoining property and public rights-ai-way. 17-33 8-92 17.20.230 - 17.23.010 C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen and/ or deciduous and/or ornamental trees. Five feet of the rear yard setback area abutting a residentially zoned lot shall be landscaped in a similar manner. D. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet shall be landscaped. E. All landscaping shall comply with the vision clearance requirements of Ordinance No. 1709, as amended. F. All non-residential structures shall be designed to be compatible with the residential environment. G. One tree shall be provided for each ten parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches, and have a height of at least 20 feet at maturity. H. All parking lots shall be screened by 3-foot to 6-foot vision obscuring fence or vegetation on the sides adjacent to residentially zoned property. (Ord. 2666 ~4, 1-17-92; Ord. 2109 ~9, 12-7-80.) Chapter 17.23 CN - NEIGHBORHOOD COMMERCIAL DISTRICT Sections: 17.23.010 Purpose and Intent. 17.23.040 Permitted Uses. 17.23.080 Accessory Uses. 17.23.160 Conditional Uses. 17.23.200 Development Standards. 17.23.210 Parking. 17.23.220 Signs. 17.23.230 Design and Landscaping. 17.23.010 Puq>ose and Intent. The purpose of the Neighborhood Commercial District, which shall also be known as CN, is to create and preserve areas for business that provide the goods and services for the day-to- day needs of the surrounding residential areas. Such a District shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. (Ord. 2553 ~ 1 part, 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.) 17-34 1-92 . , 17.23.040 - 17.23.200 17.23.040 Permitted Uses. In the CN District, no building or land shall be used, and no building shall be erected, altered, or enlarged, which is intended or designed for other than the following uses, with hours of operation limited to 7 A.M. to 10 P.M.: A Retail: 1. Bakery shops. 2. Drug stores, pharmacies. 3. Delicatessens. 4. Grocery stores. B. Service: 1. Barber and beauty shops. 2. Self-service laundries. 3. Child Day Care Centers and pre-schools. C. Other: 1. Detached single family dwellings (on individual lots ) only, per the RS-7 Chapter requirements. 2. Adult Family Homes. 3. Supported Living Arrangements. 4. Residential Care Facilities. 5. Group homes and hospices. (Ord. 2652 ~9, 9-27-91; Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.) 17.23.080 Accessory Uses. Those uses incidental and accessory to the primary use as defined in ~ 17.08.01O(A) are permitted. (Ord. 2553 ~ 1 (part), 12-2-89.) 17.23.160 Conditional Uses. A Churches. B. Utility buildings and structures. C. Offstreet parking lots. D. Uses permitted in this District with hours of operation extending beyond 7 A.M. to 10 P.M. E. Other uses compatible with the intent of this Chapter. (Ord. 2652 ~ 10, 9-27-91; Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.) 17.23.200 Development Standards. A Area and Dimensional Requirements: 1. Minimum Lot Area - 7,000 square feet. 2. Minimum Lot Width - 50 feet. 3. Minimum Yard Requirements: a. Front: 25 feet. 17-35 1-92 17.23.200 - 17.23.230 , . b. Side: 13 feet from lot line when abutting a street; in accordance with Ordinance No. 1635 when abutting an arterial street; 15 feet abutting residentially zoned lot; no side yards required when abutting another commercially zoned lot. c. Rear: 15 feet when abutting an alley or a residentially zoned lot. 4. Maximum Lot Coverage 50%. 30% for utility buildings and structures. 5. Maximum Floor Area - 3,500 square feet per business. 6. Maximum Height - 30 feet. (Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.) 17.23.210 Parking. (See Chapter 14.40 PAMe.) (Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.) 17.23.220 Signs. Signs may be lighted but shall not be the intermittent or flashing type and shall not exceed 100 square feet total area nor 30 feet in height. All signs over 10 square feet in area shall be restricted to territory no closer than 100 feet to all property in a Residential District. No sign shall be higher than the building wall if attached, or 5 feet if free-standing. No billboards shall be permitted within a Neighborhood Commercial District. (Ord. 2553 ~ 1 (part), 12-2-89; Ord. 1709 ~ 1 (part), 12-22-70.) 17.23.230 Design and Landscaping. A All outdoor storage areas shall be screened from public view. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial properties. e. Five feet of the side and rear yards abutting a residentially zoned lot shall be landscaped and/or fenced in a manner that screens the commercial use from the residences. If landscaping is used to provide this solid screen, it shall include evergreen shrubs planted to form a hedge of at least 6' mature height within three years of the plant date, except that approved driveways to an alley shall not be obstructed. The unused space over 24 square feet resulting from the design of parking spaces or accessory structures shall be landscaped. D. One tree per 10 parking spaces shall be provided. E. All landscaping shall comply with the vision clearance requirements of ~ 17.94.090. (Ord. 2553 ~ 1 (part), 12-2-89.) 17-36 1-92 . , . ' 17.24.010 - 17.24.040 Chapter 17.24 CSD-C - COMMUNITY SHOPPING DISTRICTS Sections: 17.24.010 Purpose. 17.24.040 Permitted Uses. 17.24.160 Conditional Uses. 17.24.200 Development Standards. 17.24.210 Offstreet Parking. 17.24.220 Signs Permitted. 17.24.230 Design and Landscaping. 17.24.010 Purpose. A. CSD-Cl Zone - This zoning is essentially the same as the CN District with the difference being lack of planned development as a single project. It represents those areas where businesses occur on small sites and are of the type providing goods and services required daily by the surrounding residential zones. B. CSD-C2 Zone - This zone is also oriented primarily to those businesses serving the immediate needs of the surrounding residential zones but is slightly less restrictive than the CSD-Cl zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2334 ~ 1 (part), 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.) 17.24.040 Permitted Uses. A CSD-Cl 1. Bakery shops. 2. Barber shops, beauty shops. 3. Delicatessens, grocery stores, supermarkets. 4. Drug stores, pharmacies. 5. Frozen food or cold storage lockers. 6. Hardware stores. 7. Professional Offices. 8. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. 9. Restaurants, cafeterias. 10. Self-service laundries. 11. Apartments. 12. Specialty shops: gift, florist, hobby, antique. 13. Banks, financial institutions. 14. Medical, dental offices and clinics. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2633 ~ 1 (part), 4-12-91; Ord. 2623 ~ 1,4-12-91; Ord. 2652 ~ 11 (part), 9-27-91; Ord. 2636 ~ 10 (part), 5-15-91; Ord. 2334 ~ 1 (part), 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.) 17-37 3-92 17.24.040 - 17.24.160 . . B. CSD-C2 1. Bakery shops. 2. Barber shops, beauty shops. 3. Delicatessens, grocery stores, supermarkets. 4. Drug stores, pharmacies. 5. Frozen food or cold storage lockers. 6. Hardware stores, shoe repair shops. 7. Professional Offices. 8. Restaurants, cafeterias. 9. Self-service laundries. 10. Apartments. 11. Specialty shops: gift, florist, hobby, antique. 12. Banks, financial institutions. 13. Medical, dental offices and clinics. 14. Taverns and cocktail lounges. 15. Service Stations. 16. Creameries. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2623 S 1, 4-12-91; Ord. 2652 ~ 11 (part), 9-27-91; Ord. 2636 ~ 10 (part), 5-15-91; Ord. 2334 S 1 (part), 4-10-85; Ord. 1709 S 1 (part), 12-22-70.) 17.24.160 Conditional Uses. A CSD-Cl: 1. Gasoline service islands, accessory to convemence or grocery stores. 2. Bed and breakfast establishments, provided that at least one-half of the bedrooms are devoted solely for transient business. 3. Churches. 4. Off-street parking lots. 5. Utility buildings and structures. 6. Social clubs and fraternal organizations. 7. Day care centers. 8. Self-service car washes. 9. Other uses compatible with the intent of this Chapter. 10. Residential uses along "C" Street corridor from 9th Street to Lauridsen Boulevard. (Ord. 2668 95 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2617 91, 11-16-90; Ord. 2652 911 (part), 9-27-91; Ord. 2636 910 (part), 5-15-91; Ord. 2539 91, 7-14-89; Ord. 2534 92, 5-24-89; Ord. 2334 91 (part), 4-10-85; Ord. 1709 91 (part), 12-22-70.) B. CSD-C2 1. Churches. 2. Offstreet parking lots. 3. Utility buildings and structures. 4. Social clubs and fraternal organizations. 5. Self-service car washes. 6. Day care centers. 17-38 1-92 17.24.160 - 17.24.230 7. Other uses compatible with the intent of this Chapter. (Ord. 2668 ~5 (part) 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2617 ~ 1, 11-16-90; Ord. 2652 ~ 11 (part), 9-27-91; Ord. 2636 ~ 10 (part), 5-15-91; Ord. 2334 ~1 (part), 4-10-85; Ord. 1709 ~1 (part), 12-22-70.) 17.24.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area 7,000 square feet. 2. Minimum Lot Width 50 feet. 3. Minimum Yard Requirements No structure shall be built within 15 feet of an alley or any property that has a residential zoning classification. Setbacks shall conform to the requirements of Ordinance No. 1635 for arterial streets. 4. Maximum Lot Coverage - 50% of the total site area. 5. Maximum Height - 30 feet. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2334 ~ 1 (part), 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.) 17.24.210 Off-street Parking. (See Chapter 14.40 PAMC). (Ord.2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2334 ~ 1 (part), 4-10-85; Ord. 1709 ~1 (part), 12-22-70.) 17.24.220 Signs Permitted. Signs, lighted but not intermittent or flashing type, not exceeding 100 square feet total area. All signs over 10 square feet in area shall be restricted to territory no closer than 100 feet to all property in a Residential District. No billboards shall be permitted within a Community Shopping District. Maximum height 30 feet. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92; Ord. 2636 ~ 10 (part), 5-15-91; Ord. 2334 ~ 1 (part), 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.) 17.24.230 - Design and Landscaping. A All outdoor storage areas, except City mechanized refuse collection system containers, shall be screened from view from public rights-of- way and abutting property by a sight-obscuring fence 6 feet in height.. B. All lighting on the site shall be so directed as to reflect away from adjoining non-commercial property and public rights-of-way. C. The side yard abutting a residentially zoned lot shall be landscaped in a manner that is complementary or similar to residential landscaping. In other words, such landscaping shall be complementary or similar to shrubs of 3 foot to 6 foot mature height interspersed with evergreen, deciduous and/or ornamental trees. Five feet of the rear yard setback area butting a residentially zoned lot shall be landscaped in a similar manner. D. Unused space which is over 24 square feet and which results from the design of parking space arrangements or accessory structures shall be landscaped. 17-39 1-92 17.24.230 - 17.26.040 E. One tree shall be provided for each 10 parking spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. F. All parking lots shall be screened by 3-foot to 6-foot vision- obscuring fence or vegetation on all sides adjacent to residentially zoned property. (Ord. 2668 ~5 (part), 1-17-92; Ord. 2666 ~5 (part), 1-17-92.) Chapter 17.26 ACD - Arterial Commercial District Sections: 17.26.010 Purpose of the Arterial Commercial District. 17.26.040 Permitted Uses. 17.26.080 Accessory Uses. 17.26.160 Conditional Uses. 17.26.200 Area and Dimensional Requirements. 17.26.210 Parking. 17.26.220 Signs. 17.26.230 Design and Landscaping. 17.26.300 Redesignation. 17.26.010 Purpose of The Arterial Commercial District. The purpose of the Arterial Commercial District is to create and preserve areas for business serving the entire City that need an arterial location because of the nature of the business or intensity of traffic generated. (Ord. 2293 ~ 1 (part), 4-4-84.) 17.26.040 Permitted Uses: A Retail: 1. Auto supply stores, service stations, self-service gas islands, and tire shops. 2. New and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, including sales, leasing, and related servicing. 3. Boat and marine sales, and related servicing. 4. Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores. 5. Commercial recreation establishments, such as bowling alleys, night clubs, pool halls, theaters (movie and others). 6. Farm equipment stores, garden supply stores, nurseries. 7. Food and beverage establishments, such as cocktaillounges, cafes, cafeterias, drive-in restaurants, restaurants, take-out lunch stands, and taverns; provided that drive-in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property, shall be conditional uses. 17-40 1-92 17.26.040 8. Food item retail sales outlets, such as bakeries, candy stores, delicatessens, grocery stores, liquor stores, meat and fish markets, and supermarkets. 9. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, sporting goods stores, and variety stores. 10. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 11. Motels, hotels and hostels. 12. Specialty stores, such as bicycle, book, computer, florist, gift, hobby and toy, and pet stores. 13. Chain saw sales and service. B. Services: 1. Art, dance, voice, and music schools. 2. Business colleges and trade schools. 3. Business services, such as accounting, tax, employment, and management consulting services. 4. Child Day Care Centers and Pre-schools. 5. Financial services, such as bail bond stores, banks, finance offices, insurance companies, real estate offices, stock brokerages, and title companies. 6. Furnishings repair shops, such as upholstering and reupholstering shops. 7. Governmental offices and social service agencies. 8. Commercial laundries, dry cleaning shops, self-service laundries, and tailor shops. 9. Personal services, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 10. Professional services, such as architectural, dental, engineering, legal, medical, medical and dental labs, and planning services. 11. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. 12. Printing, blueprinting, photo developing and reproduction, and sign shops. C. Institutional: 1. Clubs and lodges. D. Residential: 1. Apartments on second floor or above. 2. Adult Family Homes. 3. Supported Living Arrangements. 4. Residential Care Facilities. 5. Group homes and hospices. E. Transportation and Communication: 1. Convention centers, auditoriums. 2. Ferry, seaplane, airplane, helicopter, offices and terminals. 3. Mass transit terminals. 4. Parcel delivery service. 5. Radio, TV stations, and news buildings. 17-41 1-92 17.26.040 - 17.26.200 6. Vehicular services, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including body and paint shops. F. Wholesale: 1. Storage services, such as frozen food and cold storage lockers, mini-warehouses, transfer, moving and storage facilities. 2. Warehouse buildings and yards. 3. Wholesale businesses. G. Mixed Commercial/Residential: 1. Developments consisting of both commercial and residential uses and located on arterial streets, with a minimum of 500 square feet of building and 50% street frontage dedicated to commercial use. (Ord. 2652 ~ 12, 9-27-91; Ord. 2636 ~6 (part), 5-15-91; Ord. 2591 ~ 1, 5-25-90; Ord. 2293 ~ 1 (part), 4-4-84.) 17.26.080 Accessory Uses. Those uses incidental and accessory to the primary use as defined in ~ 17.08.01O(A) are permitted. (Ord. 2293 ~ 1 (part), 4-4-84. ) 17.26.160 Conditional Uses. A Buildings or development necessary for the operation of a public utility. B. Churches. C. Drive-in restaurants, restaurants with cocktail lounges and taverns, all of which have direct customer access to an alley abutting residentially zoned property. D. E. F. G. H. 1. J. K L. M. N. fence. Independent off-street parking structures and lots. licensed wrecking yards. Massage parlors, saunas and steam baths, as primary use. Parks and public piers. Recreational vehicle courts and parks. Retail stands, subject to Ordinance No. 2070 (Chapter 17.87). Salvage stores and yards, recycling stores. Shopping malls, exceeding 63,000 square feet in land area. Social service agencies providing 24-hour residential care. Vehicle body and paint shops. Veterinary clinics, offices and kennels, provided: 1. buildings and structures are soundproof. 2. all run areas are surrounded by an 8-foot solid wall or 3. animal runs are to be constructed in such a manner that no animal can see another. 4. that an incinerator of a type approved by the local health department is installed. o. Other uses compatible with the intent of this Chapter. (Ord. 2652 ~ 13, 9-27-91; Ord. 2636 ~6 (part), 5-15-91; Ord. 2293 ~ 1 (part), 4-4-84. ) 1-92 17-42 . , 17.26.200 - 17.26.220 17.26.200 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet. B. Minimum Lot Width: 50 feet. C. Setbacks: Front No setback requirement. Rear No structure shall be built within the rear 15 feet of a lot that abuts an alley or a residential district. Side No structure shall be built within 15 feet of any property that has a residential zoning classification or an alley. No side yard shall be required when abutting another commercially zoned lot, except that for residential and mixed commercial/residential structures a 7-foot side yard shall be required. D. Vision Clearance: All corner lots shall maintain a triangular area at the intersection of two streets within which no tree, fence, shrub, wall, or other physical obstruction shall be permitted higher than thirty (30) inches above the established grade. The vision triangle shall extend twenty (20) feet along both right-of-way lines as measured from their point of intersection. E. Maximum Lot Coverage: 60% F. Maximum Building Height: 30 feet. (Ord. 2591 ~2, 5-25-90; Ord. 2293 ~ 1 (part), 4-4-84.) 17.26.210 Parking. (See Chapter 14.40 PAMC.) (Ord. 2293 ~ 1 (part), 4-4-84. ) 17.26.220 Signs. A. Signs may be lighted but not intermittent or flashing type. All signs over 10 square feet in area shall be restricted to territory no closer than 100 feet to all property in a Residential District. Maximum height shall be 35 feet. B. Maximum Sign Area: 1. Building-Mounted Signs. Building-mounted signs may be placed on any elevation facing a public street. For buildings occupied by a single entity, sign area shall not exceed 20% of the area of the building elevation facing a public street to a maximum of 250 square feet for each building elevation which faces a public street. In buildings occupied by more than one entity, each entity's signage may not exceed 20% of that entity's portion of the building elevation facing a public street occupied by said entity to a maximum of 250 square feet. 2. Free-Standing Signs. One square foot of free-standing visible sign area is allowed for every 1.25 lineal feet of arterial street frontage of the site, provided that the maximum area on any free-standing sign face does not exceed half of the maximum visible sign area. "Visible sign area" is defined as the total of all free-standing sign faces visible from any location. The maximum visible sign area for a particular site shall be as follows: 17-43 4-92 17.26.220 - 17.26.300 Site Size Maximum Visible Sign Area Less than .50 acre 100 square feet .50 - .99 acre 200 square feet 1 - 1.99 acres 300 square feet 2 - 2.99 acres 400 square feet 3 acres and above 500 square feet C. Off-premise advertising signs, including billboards, shall be prohibited on sites which contain signage for tenants or businesses located on said sites. (Ord. 2689 ~ 1, 5-1-92; Ord. 2293 ~ 1 (part), 4-4-84.) 17.26.230 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 6 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 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least 6 feet mature height within three 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 landscaping of at least one tree for each ten spaces. The trees shall be of a type approved by the City, at least 2" caliper at planting time, and placed in a planting area of 10-foot minimum width or diameter. (Ord. 2293 ~ 1 (part), 4-4-84.) 17.26.300 Redesignation. Any property designated CAD or CAD-R on the Zoning Map of Ordinance No. 1709, as amended, including the CAD-R designation of Ordinance No. 1787, is hereby designated ACD (Arterial Commercial District). (Ord. 2293 ~ 1 (part), 4-4-84.) 17-44 4-92 17.28.010 - 17.28.041 Chapter 17.28 CBD - Central Business District Sections: 17.28.010 Purpose. 17.28.040 17.28.041 Permitted Uses. 17.28.080 Accessory Uses. 17.28.160 Conditional Uses. 17.28.200 Development Standards. 17.28.210 Parking. 17.28.220 Signs. 17.28.230 Design and Landscaping Standards. 17.28.010 Purpose. The purpose of the Central Business District is to strengthen and preserve the area commonly known as the Downtown for major retail, service, financial and commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this District to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. (Ord. 2303 ~ 1 (part), 7-4-84.) 17.28.040 Within 200 feet of ordinary high water, permitted or conditional uses must comply with the Clallam County Shoreline Master Program as adopted and amended by the City. (Ord. 2303 ~ 1 (part), 7-4-84.) 17.28.041 Permitted Uses. A Retail: 1. Auto supply stores. 2. Building material stores, hardware stores, paint store, and plumbing supply stores. 3. Commercial recreation establishments, such as bowling alleys, night clubs, pool halls, theaters (movie and others), and video arcades. 17-44.1 4-92 17.28.041 - 4. Cocktail lounges, cafes, cafeterias, restaurants, sidewalk cafes (subject to the permit requirements of the Street Use Ordinance No. 2229 as amended), take-out lunch stands, and taverns. 5. Food and beverage establishments, such as bakeries, candy stores, delicatessens, grocery stores, liquor stores, meat and fish markets. 6. General merchandise stores, such as catalogue sales stores, clothing and shoe stores, department stores, drug stores, second-hand stores, antique stores, pawn shops, shopping malls (63,000 square feet and under), sporting goods, and variety stores. 7. Household furnishings stores, such as appliance stores, furniture stores, office equipment stores, and stereo stores. 8. Motels, hotels, and hostels. 9. Specialized stores, such as bicycle, book, computer, florist, gift, hobby, toy and pet stores. B. Services: 1. Art, dance, voice, and music schools and studios. 2. Business colleges and trade schools. 3. Business services, such as accounting, tax services, employment and management consulting, and printing services. 4. Child Day Care Centers and pre-schools. 5. Financial services, such as bail bond stores, banks, finance offices, insurance companies, real estate offices, stock brokerages, and title compames. 6. Furnishing repair shops and upholstering (and necessary reupholstering) shops. 7. Governmental offices and social service agencies. 8. Self-service laundries and tailor shops. 9. Personal services, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies. 10. Professional services, such as architectural, dental, engineering, legal, medical, and planning services, and medical and dental labs. 11. Repair services, such as appliance repair, shoe repair, and TV and stereo repair services. C. Institutional: 1. Clubs and Lodges. 2. Research Vessels. D. Residential: 1. Apartments on the second floor or above. 2. Adult Family Homes. 3. Supported Living Arrangements. 4. Residential Care Facilities. 5. Group homes and hospices. E. Transportation and Communication: 1. Convention centers and auditoriums. 2. Ferry, seaplane, and helicopter offices and terminals. 3. Mass transit terminals. 4. Vessel moorage, including marinas and docks for pleasure boats, Coast Guard vessels, and submarines. 17-45 1-92 . , 17.28.041 - 17.28.200 5. Vehicular rental services, including light trucks, automobiles, motorcycles, mopeds, and bicycles. F. Mixed Commercial/Residential: 1. Developments consisting of both commercial and residential uses and located on arterial streets, with a minimum of 500 square feet of building and 50% street frontage dedicated to commercial use. (Ord. 2652 ~ 14, 9-27-91; Ord. 2591 ~3, 5-25-90; Ord. 2533 ~ 1, 5-24-89; Ord. 2303 ~ 1 (part), 7-4-84.) 17.28.080 Accessory Uses. Those uses incidental and accessory to the primary use, as defined in ~ 17.08.01O(A) are permitted. (Ord. 2303 ~ 1 (part), 7-4-84.) 17.28.160 Conditional Uses. A. Marine fueling stations. B. Supermarkets C. Boat sales, marine items, and related servicing. D. Glass stores. E. Retail food stands, subject to Chapter 17.87 of the Zoning Ordinance. F. Social service agencies providing 24-hour residential care. G. Buildings necessary for the operation of a public utility. H. Churches. I. Parks and Public Piers. J. Rest, retirement, nursing, and convalescent centers. K Independent off-street parking lots and structure. L. Shopping malls over 63,000 square feet. M. Self-service gas Islands. N. Other uses compatible with the intent of this Chapter. (Ord. 2652 ~15, 9-27-91; Ord. 2636 ~7, 5-15-91; Ord. 2303 ~1 (part), 7-4-84.) 17.28.200 Development Standards. A. Area and Dimensional Requirements: 1. Minimum Lot Area: 3,500 square feet. 2. Minimum Lot Width: 25 feet. 3. Setbacks/Building Envelope Distances: Side - None, except no structure shall be built within 10 feet of any property that has a residential zoning classification. No side yard required when abutting a commercial, green belt, or industrial zoned lot; except that for residential and mixed commercial/residential structures a 7-foot side yard shall be required. Rear - None, except no loading structure or dock shall be built within 15 feet of any alley. Front - At least 50% of the front property line shall be abutted by a building; provided, however, that for the purposes of this Section, a publicly accessible plaza, square, outdoor dining area, or similar area shall be considered a building. 17-46 1-92 17.28.200 - 17.28.230 4. Maximum Lot Coverage: No maximum lot coverage except that north of Railroad Avenue, maximum lot coverage shall be subject to the requirements of the Clallam County Shoreline Master Program as adopted and amended by the City of Port Angeles. B. Maximum Building Height: 1. North of Railroad Avenue: Maximum building height shall be established during the Shoreline Substantial Development Permit process, utilizing the regulations and purposes of the Shoreline Master Program. 2. South of Railroad Avenue: Unlimited maximum height; provided, however, that additional height over 45 feet shall be obtained by Conditional Use Permit that considers the impacts upon existing views and solar protection, shadow impacts, and the height of the bluff south of First Street. 3. Leased air rights over rights-of-way shall have the same maximum height as the abutting property. 4. Upper floors devoted exclusively to public access shall be exempt from maximum height limitations; provided that views of the water are unobstructed. 5. Height calculations shall be based upon the existing grade of the lot or the existing grade of the front property line, whichever is higher. (Ord. 2666 ~6, 1-17-92; Ord. 2591 ~4, 5-25-90; Ord. 2303 ~ 1 (part), 7-4-84.) 17.28.210 Parking: (See Chapter 14.40 PAMC). (Ord. 2303 ~ 1 (part), 7-4-84.) 17.28.220 Signs. Signs shall comply with Chapter 14.36 PAMC. (Ord. 2303 ~ 1 (part), 7-4-84.) 17.28.230 Design and Landscaping Standards. A. All outdoor storage areas, except those associated with municipal solid waste collection, shall be screened from public view from public rights-of- way and established marine and pedestrian routes. B. At least the first five feet of the 10-foot setback area abutting a residential zone shall be landscaped. Landscaping shall include shrubs of at least 6-foot mature height capable of forming a hedge, evergreen, deciduous, or ornamental trees. C. Development abutting the ordinary high water mark, as defined in the Clallam County Shoreline Master Program, shall provide public access to the shoreline. D. Shoreline rehabilitation and/ or reconstruction shall provide a rock riprap edge and wooden boardwalk or an improved on-grade path for public access. E. Development occurring in Harbor Lease areas over the water shall be on piers and docks that comply with the requirements of the Clallam County Shoreline Master Program. 17-47 1-92 17.28.230 - 17.32.020 F. Landfill is prohibited except to increase public access to the shoreline and shall comply with the Clallam County Shoreline Master Program as adopted by the City of Port Angeles and hereafter amended. G. Drive-in facilities, including accessory uses such as drive-in windows of banks and restaurants, except for ferry terminals and parking lots and structures, are prohibited. (Ord. 2303 ~ 1 (part), 7-4-84.) Chapter 17.32 LI - Light Industrial District Sections: 17.32.010 Purpose. 17.32.020 Permitted Uses. 17.32.030 Accessory Uses. 17.32.040 Conditional Uses. 17.32.050 Area and Dimensional Requirements. 17.32.060 Parking. 17.32.070 Signs. 17.32.080 Design and Landscaping. 17.32.010 Purpose. The purpose of the Light Industrial District is to create and preserve areas for industrial uses in a planned, park-like setting, 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. (Ord. 2329 ~1 (part), 3-11-85.) 17.32.020 Permitted Uses. A. Manufacturing: 1. Clothing, shoes, and garments. 2. Electrical, electronic, and communications equipment. 3. Handicrafts, jewelry, musical instruments, and toys. 4. Assembly of machinery, such as but not limited to engines, vehicles, boats, aircraft, and parts thereof. 5. Medical, dental, optical, and orthopedic instruments and appliances. 6. Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances. 7. Plastic and other synthetic products. 17-48 1-92 17.32.020 - 17.32.040 , ' 8. Pharmaceutical and drug products 9. Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components. 10. Assembly of mobile and modular homes and home components. B. Retail: 1. Auto and truck service stations. 2. Retail establishments accessory to building materials, electrical, and plumbing supplies. 3. Restaurants and cafes. 4. Cocktail lounges and taverns. 5. Chain saw sales and service. C. Wholesale Distribution: 1. Warehouse buildings and yards. 2. Wholesale businesses. D. Services: 1. Building maintenance and janitorial services. 2. Laundry and dry cleaners. 3. Machinery maintenance and repair shops. 4. Mini-warehouses. 5. Professional services, such as architectural, construction and engineering offices. 6. Research and development laboratories. 7. Storage yards and maintenance shops for builders, contractors, and governmental agencies. E. Transportation and Communication: 1. Airports, airport terminals, and related facilities. 2. Freight companies. 3. Household moving and storage. 4. Independent off-street parking structures and lots. 5. Mass transit terminals. 6. Parcel delivery service. 7. Printing, publishing, and book-binding. 8. Vehicular services, such as automotive and truck rentals, vehicle maintenance and repair shops, and vehicle body and paint shops. 9. Utility buildings and structures. (Ord. 2636 ~8, 5-15-91; Ord. 2329 ~ 1 (part), 3-11-85.) 17.32.030 Accessory Uses. Those uses incidental and accessory to the primary uses as defined in ~ 17.08.01O(A) are permitted. (Ord. 2329 ~ 1 (part), 3-11-85.) 17.32.040 Conditional Uses. A. Energy generating facilities. B. Licensed wrecking yard. 17-49 1-92 J 17.32.040 - 17.32.050 C. Petroleum products storage and distribution yards, not including oil, liquefied petroleum, or natural gas regulated by EFSEC, which are hereby prohibited. D. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. E. Veterinary clinics, offices, and kennels. F. Manufacture of specialized small mechanical parts, tools, die- casting, bearings, patterns, and other similar products, welding shops, and machine shops. G. Other industrial uses which comply with the purpose of this District. H. Agricultural uses, defined as commercial farming and animal husbandry. I. Social service agencies providing 24-hour residential care may be granted a temporary Conditional Use Permit for a period of one (1) year. Such temporary use permit may be issued only if the Planning Commission finds that: 1. the average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; 2. there are no existing industrial uses in the vicinity which would adversely impact the residential use; and 3. in the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on an approved residential use, or if any land use conflicts arise, the Conditional Use shall become void and the residential use shall cease. J. Public juvenile detention facilities, where: 1. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and 2. The existing and potential industrial uses will not adversely impact the detention center. (Ord. 2671 ~ 1, 1-31-92; Ord. 2648 ~ 1, 8-30-91; Ord. 2551 ~ 1, 10-25-89; Ord. 2329 ~ 1 (part), 3-11-85.) 17.32.050 Area and Dimensional Requirements. A. Minimum Lot Area: 7,000 square feet. H. Minimum Lot Width: None. C. Setbacks: Front - 25 feet, except 35 feet abutting a residentially or commercially zoned property. Rear - 25 feet, except 35 feet abutting a residentially or commercially zoned property. Side - 15 feet, except 25 feet abutting a residentially or commercially zoned property. D. Maximum Lot Coverage: None. E. Maximum Height: 35 feet. (Ord. 2329 ~ 1 (part), 3-11-85.) 17-50 1-92 17.32.060 - 17.32.080 '{ . 17.32.060 Parking. (See Chapter 14.40 PAMC). (Ord. 2329 ~ 1 (part), 3-11-85.) 17.32.070 Signs. A. One business sign for each wall not to exceed one square foot for each horizontal lineal foot of building wall or 300 square feet, whichever is less, shall be permitted. B. One detached business sign, not exceeding 15 feet in height and 35 square feet in area, shall be permitted. C. Public and private directional, traffic, and warning attached and detached signs shall not exceed 4 square feet in area. D. Signs may be lighted, but not intermittent or flashing. E. Sign area shall be calculated by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign unless the structure is designed in a way to form an integral part of the display. (Ord. 2389 ~ 1, 5-30-86; Ord. 2329 ~ 1 (part), 3-11-85.) 17.32.080 Design and Landscaping. A A minimum five-foot landscaping area shall be provided abutting public rights-of-way, except for approved curb cuts. B. All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining non-industrially zoned property or on public rights-of-way. C. A ten-foot wide buffer zone must be maintained adjacent to all residentially or commercially zoned property, which buffer zone shall not be used for storage, driveways, auto parking, or structures, except security fences. A visual screen, consisting of solid fencing, landscaping, or other materials, shall be provided in the buffer zone. Such a screen shall be to a height of 6 feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of 6 feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. D. One tree shall be provided for each 10 spaces, exclusive of any perimeter landscaping. Trees shall have a minimum caliper of two inches and shall have a height of at least 20 feet at maturity. (Ord. 2666 ~7, 1-17-92; Ord. 2329 ~ 1 (part), 3-11-85.) 17-51 1-92 . \ 17.34.010 - 17.34.020 Chapter 17.34 M-2 - HEAVY INDUSTRIAL DISTRICT Sections: 17.34.010 Purpose. 17.34.020 Permitted Uses. 17.34.025 Prohibitions. 17.34.040 Conditional Uses. 17.34.050 Area and Dimensional Requirements. 17.34.060 Parking. 17.34.070 Signs Permitted 17.34.010 Purpose. M-2 Zone - The least restrictive industrial area intended to be the area in which heavy industry could develop causing the least friction with other land uses. (Ord. 2668 ~6 (part), 1-17-92.) 17.34.020 Permitted Uses. A. Automobile body, fender, laundry, paint shops and wrecking yards. B. Bakeries, wholesale. C. Battery rebuild, tire repair & recapping. D. Boiler works. E. Book, newspaper & magazine printing & publishing. F. Bottling plants, creameries. G. Cabinet and carpenter shops. H. City pound. I. Distillation of wood, coal or bones or manufacture of any of their by-products. J. Draying, freight & trucking yards, terminals. K. Dry cleaning: clothes, carpets, rugs, laundries. L. Fuel yards. M. Gas (illuminating or heating) manufacture or storage. N. Power, light or steam plant. O. Railroad yard or roundhouse. P. Sawmill. Q. Ship building, storage, repair, boat havens, marinas. R. Skating rink, dance hall, boxing arena, penny arcade, shooting gallery or similar amusement enterprise. S. Storage yards; building materials, tractors, trucks, boats, equipment. T. U. V. W. x. Y. Z. 1-92 Transportation or freight terminal. Truck, trailer, motorcycle, repairing, overhauling, rental, sales. Veterinary or pet shop hospital, kennel and hatchery. Warehousing, distributing plants. Wood products manufacture. Utility buildings and structures. Restaurants, cafeterias. 17-52 17.34.010 - 17.34.040 J ' AA. Manufacture, processing, packing, storage of: 1. alcohol 2. asbestos 3. asphalt 4. brick, tile or terra-cotta 5. brooms, brushes 6. chemicals 7. ceramics 8. celluloid or similar cellulose materials 9. cloth, cord or rope 10. concrete 11. drugs, pharmaceuticals 12. electrical products and appliances 13. food and food products 14. kelp reduction 15. lumber 16. machinery 17. perfumes 18. paint, lampblack, varnish, oil, turpentine 19. paper and pulp 20. plastics 21. prefabricated buildings 22. signs, all types 23. salt works 24. soap & soap products, toiletries 25. tar roofing or waterproofing 26. vegetable oil or other oil BB. Any manufacturing, processing, commercial or industrial use not heretofore listed which may be classified M-2 because of possible obnoxious odors, noises, smoke, or unsightliness. (Ord. 2668 ~6 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.34.025 Prohibitions. A An oil port is expressly prohibited in this District. An oil port is defined as facilities which will result in the receipt of more than an average of 50,000 barrels per day of crude or refined petroleum which has been or will be transferred over marine waters. B. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities as defined in Chapter 80.50 RCW are expressly prohibited in this District. C. Residential uses are prohibited in this District. (Ord. 2668 ~ 6 (part), 1-17-92; Ord. 1973 ~ 1, 5-12-78; Ord. 1894 ~ 1, 12-25-76; Ord. 1709 ~ 1 (part), 12-22-70.) 17.34.040 Conditional Uses. Other uses compatible with the intent of this Chapter. (Ord. 2668 ~6 (part), 1-17-92; Ord. 2636 ~ 11, 5-15-91.) 17-53 1-92 . t 17.34.050 - 17.40.040 17.34.050 Area and Dimensional Requirements. A. Minimum Yard Requirements No buildings shall be constructed closer than 30 feet to any public right-of-way line, nor closer than 15 feet to any property line. (Ord. 2668 ~6 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.34.060 Parking. (See Chapter 14.40 PAMC). (Ord. 2668 ~6 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.34.070 Signs Permitted. A. Signs and billboards as permitted by City of Port Angeles sign codes. B. Intermittent or flashing types are prohibited. C. Maximum height: 35 feet, 400 sq. ft. in area. (Ord. 2668 ~6 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) CHAPTER 17.40 PBP - PUBLIC BUILDINGS. PARK DISTRICT Sections: 17.40.010 Purpose. 17.40.040 Permitted Uses. 17.40.050 Conditional Uses. 17.40.060 Minimum Yard Requirements. 17.40.070 Lighting Facilities. 17.40.080 Signs. 17.40.010 Purpose. PBP Zone - A zoning designation for publicly- owned property, or property not 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". (Ord. 2668 ~7 (part), 1-17-92.) 17.40.040 Permitted Uses. A Bleachers, grandstands (subject to review by Planning Commission). B. Bridle trails. C. Cemeteries and Crematoriums. D. City Hall. E. Civic buildings & governmental offices F. Common open space. G. Courthouse. H. Fire station. 17-54 1-92 17.40.040 - 17.40.080 J ' 1. J. K. L. M. N. O. P. Q. R. S. T. U. v. District. W. Streets, paths, and roads as required. (Ord. 2702 ~2, 8-14-92; Ord. 2668 ~7 (part), 1-17-92; Ord. 2636 ~ 12 (part), 5-15-91; Ord. 2382 ~ 1, 3-15-86; Ord. 1709 ~1 (part), 12-22-70.) Hospitals. Library. Marinas, boat storage. Municipal pool. Museum. Parks, greenbelts. Offstreet parking areas. Picnic areas and facilities. Playfields. Playgrounds. Recreation structures and facilities. Reservoir, utilities (underground and overhead). Schools. Single-family residences which meet the requirements of the RS-7 17.40.050 Conditional Uses. Other uses compatible with the intent of this Chapter. (Ord. 2668 ~7 (part), 1-17-92; Ord. 2636 ~ 12 (part), 5-15-91.) 17.40.060 Minimum Yard Requirements. No buildings constructed subsequent to adoption of these regulations shall be constructed closer than 35 feet to a public right-of-way line. (Ord. 2668 ~7 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 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), 1-17-92; Ord. 2382 ~ 1 (part), 3-15-86.) 17.40.080 Signs. One sign per structure shall be permitted; provided that such sign is a maximum height of 10 feet, no larger than 20 square feet, and unlighted; provided further that a sign for a utility or hospital structure may be lighted, and that intermittent or flashing lighted signs are prohibited. (Ord. 2668 ~7 (part), 1-17-92; Ord. 2494 ~ 1, 6-17-88; Ord. 2326A ~ 1, 2-27-85; Ord. 1709 ~ 1 (part), 12-22-70.) 17-55 1-92 . , 17.67.010 - 17.67.040 Chapter 17.67 Adult Entertainment Conditional Use Sections: 17.67.010 Purpose. 17.67.020 Definitions. 17.67.030 Conditional Use Permit Required. 17.67.040 Development Policies. 17.67.050 Separation Requirements. 17.67.060 Permit Fee. 17.67.070 Permit Application. 17.67.080 Operation and Development Standards. 17.67.090 Exceptions. 17.67.100 Appeals. 17.67.110 Penalties. 17.67.010 Pur:pose. 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. (Ord. 2511 ~ 1 (part), 10-4-88. ) 17.67.020 Definitions. A "Adult entertainment business" means any premises operated as a commercial enterprise, where any live exhibition or dance of any type is conducted, which exhibition or dance involves a person that is unclothed or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola and/or any portion of the genital region. B. "Obscene" means having such quality or being of such nature that, if taken as a whole by an average person applying contemporary community standards, would appeal to a prurient interest in sex, would depict patently offensive representations of sexual acts or lewd behavior, and would lack serious literary, artistic, political, or scientific value. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.030 Conditional Use Permit Required. No adult entertainment business shall be permitted in the City of Port Angeles unless a Conditional Use Permit is approved pursuant to, and in compliance with, the provisions of this Chapter. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.040 Development Policies. All proposed adult entertainment businesses must be compatible with the permitted and conditional uses of the zoning district in which the adult entertainment business is located and must 17-56 1-92 17.67.040 - 17.67.050 be conducive to the public health, safety, and welfare. In furtherance of this general policy, all adult entertainment businesses shall also be consistent with the following policies: A. Adult entertainment businesses shall be located so as to avoid close proximity to any zone in which residential uses are an outright permitted use, or any single or multi-family residence, public park, public library, daycare center, pre-school, nursery school, public or private primary or secondary school, or church, in order to reduce incompatibility with such uses and close proximity to locations likely to be frequented by persons under eighteen years old. B. Adult entertainment businesses shall be located in areas of intensive uses which serve a regional market. C. Adult entertainment businesses shall be located so as to avoid close proximity to one another to reduce potential for crime, protect property values, and to protect local business image. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.050 Separation Requirements. Adult entertainment businesses may be permitted by Conditional Use Permit only if the following separation requirements are met, unless a waiver is obtained as provided herein: A. No adult entertainment business shall be located closer than 1,000 feet to any of the following zones or uses, which are likely to be frequented by persons under the age of 18, whether such zone or use is located within or outside the City limits: 1. Any zone in which residential uses are an outright permitted use; 2. Single- or multi-family residence; 3. Public park; 4. Public library; 5. Daycare center, pre-school, or nursery school; 6. Public or private primary or secondary school; 7. Church; provided that, for the purpose of this Chapter, "church" shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. B. The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the zone from which the proposed land use is to be separated. C. A waiver of the distance requirements provided in this Section may be obtained as follows: 1. By presenting evidence of consent to the location of the adult entertainment business within the 1,000-foot area by at least 51 % of the owners and residents of property within the 1,000-foot area as evidenced by the notarized signatures of such owners and residents; and 2. By determination of the Planning Commission, and consideration of the following: 17-57 1-92 17.67.050 - 17.67.080 a. The extent to which physical features would result in an effective separation in terms of visibility and access; b. Compliance with the goals and policies of this Chapter; c. Compatibility with adjacent and surrounding land uses; the proposed use; d. The availability or lack of alternative locations for e. Ability to avoid the adult entertainment business by alternative vehicular and pedestrian routes. D. Uses and zones specified under 17.67.050(A) shall not be allowed to locate within 1,000 feet of an adult entertainment business. Any party proposing to locate such a use or zone within 1,000 feet of an adult entertainment business is considered an intervening use and may do so only after obtaining a waiver as provided in 17.67.050(C). (Ord. 2595 ~5, 6-27-90; Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.060 Permit Fee. A The annual fee for the Conditional Use Permit required pursuant to 17.67.030 shall be $90. B. The Conditional Use Permit shall expire annually and must be renewed each year. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.070 Permit Application. A The applicant must be 18 years of age or older. B. All applications for adult entertainment Conditional Use Permits shall be submitted in the name of the person or entity proposing to conduct such adult entertainment business on the premises and shall be signed by such person and notarized or certified as true, under penalty of perjury. C. Copies of the application shall be referred by the Planning Department to the Police, Fire, Public Works, or other appropriate Departments. The Departments shall inspect the application, the premises proposed to be operated as an adult entertainment business, and shall make written verification to the Planning Department that such premises comply with the codes of the City and recommendations consistent therewith. No permit may be issued without such verifications. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.080 Operation and Development Standards. All adult entertainment businesses shall comply with the following operation and development standards: A. All signs shall be in compliance with the regulations for such signs as set forth in the zoning requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication. B. The interior of the premises shall be arranged such that no adult entertainment shall occur except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron. 17-58 1-92 17.67.080 - 17.67.110 C. No person shall be allowed entry onto the premises who IS younger than eighteen years of age. D. The business shall be operated and managed by persons whose background and experience demonstrate the ability to maintain compliance with all applicable Federal, State, and local laws and the provisions of this Chapter. E. The Police Department shall be authorized to make inspections at all times as necessary to ensure compliance with this Chapter and other applicable laws. F. Sufficient illumination shall be provided so that all objects are plainly visible at all times. Such illumination shall be not less than ten foot- candles at floor level at all times when the premises are open or when any member of the public is permitted to enter and remain therein. G . No alcoholic beverages shall be served or allowed on the premises. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.090 Exceptions. This Chapter shall not be construed to prohibit the following: A. Plays, operas, musicals, or other dramatic works which are not obscene. B. Classes, seminars, and lectures held for serious scientific or educational purposes. C. Exhibitions or dances which are not obscene. D. Political performances and presentations which are not obscene. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.100 Appeals. Any person aggrieved by the decision of the City Council as to any Conditional Use Permit applied for pursuant to this Chapter shall make appeal to the Clallam County Superior Court within fifteen (15) days following the decision of the City Council. (Ord. 2511 ~ 1 (part), 10-4-88.) 17.67.110 Penalties. A. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. B. Violation of the standards and regulations in this Chapter is declared to be a public nuisance, per se, which shall be abated by the City Attorney by way of civil abatement procedures, and which shall subject the premises to immediate closure. C. Nothing in this Chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or State statute regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter, or the exhibition or public display thereof. (Ord. 2511 ~ 1 (part), 10-4-88.) 17-59 1-92 17.70.010 Chapter 17.70 PRD - Planned Residential Development Sections: 17.70.010 Purpose and Intent. 17.70.011 Definitions. 17.70.020 Applicability. 17.70.030 Permitted Uses. 17.70.040 Permitted Modifications of Land Use Regulations. 17.70.050 Standards. 17.70.060 Basic Density. 17.70.061 Additional Density Credits. 17.70.070 Procedure for Approval. 17.70.080 Pre-Application Review. 17.70.090 Application Procedure. 17.70.100 Routing and Staff Recommendations. 17.70.110 Planning Commission Public Hearing - Scheduling and Notice. 17.70.120 Planning Commission Recommendation - Preliminary Development Plans. 17.70.130 City Council Action - Preliminary Development Plans. 17.70.140 Final Approval of Planned Residential Development. 17.70.150 Planning Commission Review of Final Development Plan. 17.70.160 City Council Final Action. 17.70.170 Building Permits. 17.70.180 Modifications After Final Approval. 17.70.300 Penalty. 17.70.010 Purpose and Intent. The purpose of the Planned Residential Development District is to provide alternative zoning regulations which permit and encourage design flexibility, conservation of natural amenities, and innovation in residential developments. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditionallot-by-Iot 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 conditional 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 zoning districts. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and 17-60 1-92 17.70.010 - 17.70.020 applications normally required for the underlying permit processes. (Ord. 2657 ~1 (part), 12-13-91; Ord. 2038 ~1 (part), 7-29-79.) 17.70.011 Definitions. A. Common Usable Open Space: Area within a Planned Residential Development which is accessible and usable to all residents of the development and which is either: 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 Residential 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 1000 square feet. B. Neighborhood Density: The neighborhood density is the number of dwelling units per acre allowed by zoning when streets, parks, electrical distribution substations, and other necessary supporting development are included in the calculation. C. Planned Residential Development (PRD): A PRD is a site specific development which has been approved by the City Council under the provisions of Chapter 17.70 of the Port Angeles Municipal Code. D. Recreational Purpose: An express intent of a space design and development to service a particular healthful or aesthetic activity. E. Townsite Block: A block of 500' x 300' dimension or 3.44 acres as created by the original platting of the Townsite of Port Angeles. F. Transitional Housing Density: A calculation measured in dwelling units per acre that is greater than the maximum units/acre permitted in one zoning district and less than the maximum units/acre permitted in another zoning district. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.020 Applicability. Planned Residential Developments may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all districts which allow residential uses, and may include land which is zoned PBP. A Planned Residential Development shall contain a minimum of one (1) acre with basic densities permitted only per the underlying zoning districts and a minimum of 3.44 acres with additional density credits as may be permitted through Section 17.70.061. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.030 Permitted Uses. Only those residential uses allowed in the underlying zoning district are permitted within a Planned Residential Development of less than 3.44 acres; provided that, for purposes of this Chapter, a single-family residence may be attached to another dwelling by 17-61 1-92 17.70.030 - 17.70.050 common walls. Residential building types in a Planned Residential Development of 3.44 acres or more may vary from those permitted in the underlying zoning district. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.040 Permitted Modifications of Land Use Regulations. The approval of a Planned Residential Development may include modifications in the requirements and standards of the underlying land use regulations of the district in which the project is located, subject to the limitations of this Chapter, except that no approval shall include a modification, variance or waiver of the setback areas required by the underlying zoning districts along the exterior property lines of the PRD or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.050 Standards. The following standards shall apply to all Planned Residential Developments: A. All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations, and interior circulation streets may be either public or private. B. All Planned Residential Developments shall devote at least 30% of the gross area of the site to common usable open space, half of which must be used for recreational purposes and none of which will be credited in the setback areas required along the exterior property lines of the PRD. Street rights-of-way, driveways, parking lots and utility structures shall not be counted as part of the common usable open space. Common usable open space shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowners association. Community recreation facilities and recreation structures shall be included in calculating the area devoted to common usable open space. C. All Planned Residential Developments shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PRD in form and manner acceptable to the City. D. Platting shall be required of all projects which involve or contemplate the subdivision of land. Lots in a platted Planned Residential Development may be sold to separate owners according to the separate lots as shown in the recorded plat which is approved in connection therewith. Development of all lots within the platted Planned Residential Development shall be as shown in the approved PRD. No further subdivision of land within the Planned Residential Development will be permitted unless a formal amendment to the PRD is approved. 17-62 1-92 17.70.050 - 17.70.060 E. Conditional Use Permits shall be required of all projects which involve or contemplate conditional uses which may be allowed in the underlying zoning district(s). No further conditional use permits, except home occupations, will be permitted within the Planned Residential Development unless a formal amendment to the PRD is approved. F. For any underlying land use regulatory process that is consolidated through the PRD overlay process, the criteria and development standards of that underlying land use regulatory process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PRD. G. To encourage design flexibility, conservation of natural amenities, and innovations which result in a higher quality residential environment than traditional subdivisions, site planning and architectural review which address the following criteria are required of all development in the PRD. Where applicable, the design of PRDs shall accomplish the following to the greatest extent possible: 1. Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas. 2. Preserve scenic view corridors, both internal and external to the site. 3. Provide recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and playfields. 4. The design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed. H. All Planned Residential Developments shall comply with the goals and policies of the Port Angeles Comprehensive Plan. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.060 Basic Density. Every Planned Residential Development shall be allowed an increase of 10% over the gross or neighborhood density of the underlying zone or zones in which the site is located, as follows: Zone Nei~hborhood Density PBP 1.8 diu/acre +10% PRD Density RS-9 3.59 diu/acre RS-7 4.47 diu/acre RTP 7.26 diu/acre RMF, OC & C 25.6 diu/acre Zones (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) (50% of + 10% = 1.98 d.u.acre RS-9 density credit) + 10% = 3.59 d.u./acre + 10% = 4.92 d.u.facre + 10% = 7.98 d.u./acre + 10% = , 28.2 d.u./acre 17-63 1-92 17.70.061 - 17.70.080 17.70.061 Additional Density Credits. To encourage further innovative design and site planning, additional density credits may be granted if the proposed development provides amenities and improvements above and beyond typical planned residential development site planning. Additional density credits shall be based upon the following criteria: A Compatibility with the existing residential neighborhood. B. Innovative and aesthetic architectural design of buildings and other structures. C. Use of landscaping and natural vegetation to screen and provide transitional buffering of the PRD development to neighboring properties. D. Provision of recreation facilities such as bicycle or pedestrian trails, children's play area, playfields, and neighborhood parks to serve others in addition to the occupants of the proposed development. For each of the above, an additional 5% or less density credits per criterion may be granted. The total PRD density may not exceed 20% over the basic PRD density for the underlying zones. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.070 Procedure for Approval. The procedure for approval of a Planned Residential Development shall be composed of four steps: A Public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions, and recommendation by the Planning Commission to the City Council; B. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; C. Public hearing by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommendation to the City Council; D. Approval of the final development plan and plat by the City Council at a public meeting. E. At either the preliminary or final PRD stage, or both, the City Council may at its discretion decide to hold a public hearing. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.080 Pre-Application Review. Prior to applying for a PRD, a developer shall submit a conceptual plan to the Planning Department. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this Chapter and other City ordinances by the appropriate departments of the City, and written comments in regard to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form all of the information required in Section 17.70.090 E and G. After the conceptual plan review and prior to accepting a PRD application, the City shall require a neighborhood meeting. The purpose of the meeting will be to solicit information regarding design alternatives to minimize any adverse impacts from the PRD and to alleviate community concerns. The 17-64 1-92 17.70.080 - 17.70.090 applicant shall submit an additional set of mailing labels as required for public notice per Article XI, Section 14, Ordinance No. 1709, as amended (Zoning Code). (Ord. 2657 ~1 (part), 12-13-91; Ord. 2038 ~1 (part), 7-29-79.) 17.70.090 Application Procedure. The application for a Planned Residential Development shall contain the following: A The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the record owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/ or homeowners association for the project. C. A survey of the property showing existing features, including contours at 5-foot intervals, buildings, structures, streets, utility easements, rights-of-way, and existing land uses. D. A vegetation survey of the property by either (a) an aerial photograph of the property in a scale acceptable to the City, which identifies significant groupings of trees and unusual or fine specimens of their species; OR (b) a survey of all trees over twelve inches in trunk diameter measured at four feet above the ground; as determined by the Planning Director, in those areas where improvements are proposed. General wooded areas where no improvements are proposed will require a vegetation survey containing the following elements: 1. A mapping of the extent of the wooded areas with survey of perimeter trees only. 2. A narrative regarding the types (species) and condition of the trees and under-story in the wooded area. 3. Identification of trees which are unusual or fine specimens of their species. 4. In general wooded areas where minor improvements are proposed, a survey of trees over twelve inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements. E. Preliminary site plans showing existing and proposed contours at 5-foot intervals, location and principal dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement. F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 P AMC. 17 -65 1-92 17.70.090- 17.70.120 G. If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of Section 17.70.061. H. Preliminary elevation and perspective drawings of project structures. I. J. A preliminary utilities plan, including fire hydrant locations. A preliminary storm drainage plan with calculation of impervious areas. K An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. L. Mailing labels as required for public notice per Article XI, Section 14, Ordinance No. 1709, as amended (Zoning Code). (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.100 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.70.090, the Planning Department shall route the same to all appropriate City Departments. Each such department shall submit to the Planning Department recommendations and comments regarding the application. The Planning Department shall prepare a report to the Planning Commission summarizing the factors involved, the recommendations of other departments, and the Planning Department 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. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.110 - Planning Commission Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.70.090, the Planning Department shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in ~ 17.96.140. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.120 Planning Commission Recommendation - Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary Planned Residential Development, the Planning Commission shall hold at least one public hearing. The Commission's recommendation on PRD density shall be based upon Sections 17.70.010, .060 and .061, and the recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.70.050 and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further the attainment of the objectives and goals of the Comprehensive Plan. 17-66 1-92 17.70.120 - 17.70.140 B. The proposed development will, through the improved utilization of open space, natural topography, transitional housing densities and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development will be compatible with adjacent existing and future developments. D. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. E. The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. Developments of less than 3.44 acres shall not be done in phases. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.130 City Council Action - Preliminary Development Plans. The City Council shall, at a public meeting, consider the recommendation of the Planning Commission. The Council may approve, deny, or approve with modifications or conditions the submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference, and shall include findings based upon Section 17.70.060, .061, and .120. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.140 Final Approval of Planned Residential Development. Application for final approval of the Planned Residential Development shall be submitted within one year of the approval of the preliminary development plan. The site must be under one ownership prior to final approval by the Planning Commission and City Council, and the application for final approval must be made by the owners of the entire site. The application shall include the following: A A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this Section. C. Final development plans, which shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 P AMC. E. Development schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. 17-67 1-92 17.70.140 - 17.70.180 G. Covenants, conditions and restrictions and/or homeowners association agreement. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.150 Planning Commission Review of Final Development Plan. The Planning Commission shall consider the application for final approval at a public hearing, notice of which shall be given as provided in ~ 17.96.140. A recommendation to the City Council for approval shall include findings on the following: A Compliance with the approved preliminary development plans; B. Adequacy of the provisions for maintenance of required common open space and other common improvements; C. The final plat, if applicable; and D. Bonding or other acceptable form of security for the whole or specific parts of the project. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.160 City Council Final Action. The City Council shall review the recommendation of the Planning Commission at a public meeting, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final PRD shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved Planned Residential Development, and all future development of the site shall be in conformance with the approved PRD. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.170 Building Permits. The Building Division shall issue building permits for buildings and structures which conform with the approved final development plans for the Planned Residential Development and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final development plans and all other applicable City ordinances and regulations. The construction and development of all the usable common open spaces, public recreation facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months. (Ord. 2657 ~ 1 (part), 12-13-91; Ord. 2038 ~ 1 (part), 7-29-79.) 17.70.180 Modifications After Final Approval. The final approval shall be binding upon the development, and design variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: The 17 -68 1-92 17.70.180 - 17.70.300 Planning Department is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjustments shall not increase the total amount of floor space authorized in the approved final PRD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to the closest boundary line, or decrease the amount of open space, or decrease the recreation facilities, or change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. (Grd. 2657 ~ 1 (part), 12-13-91; Grd. 2038 ~ 1 (part), 7-29-79.) 17.70.300 Penalty. Any person violating any provision of this Chapter shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed five hundred ($500) dollars or ninety (90) days in jail, or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense. (Grd. 2657 ~ 1 (part), 12-13-91; Grd. 2038 ~ 1 (part), 7-29-79.) 17-69 1-92 17.86.010 - 17.86.012 Chapter 17.86 HO - Home Occupations Sections: 17.86.010 Purpose. 17.86.011 Conflict with Other Ordinances. 17.86.012 Definitions. 17.86.020 Applicability. 17.86.030 Home Occupations Exempted. 17.86.040 Development Standards. 17.86.050 Application Procedure. 17.86.060 Routing and Staff Recommendations. 17.86.070 Planning Director Public Hearing - Scheduling and Notice. 17.86.080 Planning Director Decision. 17.86.090 Special Review. 17.86.100 Appeals. 17.86.110 Permit Limitations. 17.86.120 Existing Home Occupations. 17.86.300 Revocation of Permit. 17.86.310 Penalties. 17.86.010 Purpose. The purpose of the Home Occupation Conditional Use is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental to the primary use and is compatible with the residential character of the neighborhood. (Ord. 2103 ~2, 10-18-80. ) 17.86.011 Conflict with Other Ordinances. Should any of the provisions or definitions of Ordinance No. 1709, as amended, conflict with or overlap any of the provisions or definitions of this Ordinance, whichever imposes the more stringent regulations shall prevail. (Ord. 2103 ~3, 10-18-80.) 17.86.012 Definitions. A "Home Occupation" is an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly subordinate to the residential use of the property. B. "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. (Ord. 2265 ~2, 9-19-83; Ord. 2103 ~4, 10-18-80.) 17-70 1-92 17.86.020 - 17.86.040 17.86.020 Applicability. A 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 Section 17.86.030. (Ord. 2103 ~5, 10-18-80.) 17.86.030 Home Occupations Exempted. The following Home Occupations shall be exempted when all the development standards in Section 17.86.040 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 is parked on the premises at one time; 2. No outside storage of materials or equipment, except hand- carried tools, 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. C. 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. D. Family Day Care Home. (Ord. 2652 ~ 16,9-27-91; Ord. 2103 ~6, 10-18-80.) 17.86.040 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 no other indication 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 Planning Director 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 AM to 5:00 PM, unless otherwise specified by the Planning Director. D. If the operation is the type in which classes are held or instruction given, the Planning Director shall determine the number of students per day that is compatible with the 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 17-71 1-92 17.86.040 - 17.86.080 Planning Director; 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 in an accessory building unless otherwise specified by the Planning Director; PROVIDED that the dwelling unit and accessory building in which the Home Occupation is conducted shall occur on the same parcel. (Ord. 2595 ~4, 6-27-90; Ord. 2265 ~3, 9-19-83; Ord. 2103 ~7, 10-18-80.) 17.86.050 Application Procedures. The application for a Conditional Use Permit for a Home Occupation shall be submitted on a form obtained from the Planning Department and shall be acknowledged by the owner of the property, if other than the applicant. (Ord. 2103 ~8, 10-18-80.) 17.86.060 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of Section 17.86.050, the Planning Department shall route the same to all appropriate departments. Each such department shall submit to the Planning Department recommendations and comments regarding the application. The Planning Department shall prepare a report to the Planning Director summarizing the factors involved, the recommendations of other departments, and the Planning Department 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. 2595 ~4, 6-27-90; Ord. 2103 ~9, 10-18-80.) 17.86.070 Planning Director Public Hearing - Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.86.050, the Planning Department shall schedule a public hearing before the Planning Director with public notice being given as provided in Article XI, Section 14, of the Zoning Code. (Ord. 2595 ~4, 6-27-90; Ord. 2103 ~ 10, 10-18-80.) 17.86.080 Planning Director Decision. Prior to making a decision on an application for a Conditional Use Permit for a Home Occupation, the Planning Director shall hold at least one public hearing. The Director's decision shall be in written form with findings based upon compliance with Section 17.86.010, 17.86.040 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. 17-72 1-92 17.86.080 - 17.86.120 E. The Planning Director decision shall include a condition that Home Occupations be forwarded to the Public Works Department for the determination of utility charges. (Ord. 2595 ~4, 6-27-90; Ord. 2103 ~ 11, 10-18-80.) 17.86.090 Special Review. Persons with demonstrated physical handicaps may be permitted Special Review by the Planning Director. Such applicant may request waiver of Development Standard E and/or F. No waiver of the criteria of Section 17.86.080 will be considered. (Ord. 2595 ~4, 6-27-90; Ord. 2103 ~ 12, 10-18-80.) 17.86.095 Special Review Criteria. In addition to the criteria of Section 17.86.080, the Director 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. 2595 ~4, 6-27-90; Ord. 2103 ~ 13, 10-18-80.) 17.86.100 Appeals. A. The Planning Director decision shall stand as the City's final decision, unless appealed by any person aggrieved by the decision to the City Council. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the Planning Director decision. C. The City Council shall conduct a public hearing on the appeal with public notice being given as provided in ~ 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with ~ 17.96.150. (Ord. 2595 ~4, 6-27-90; Ord. 2517 ~ 1, 1-13-89; Ord. 2103 ~ 14, 10-18-80.) 17.86.110 Permit Limitations. A Once a Conditional Use Permit for a Home Occupation has been issued, 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 Conditional Use Permits for Home Occupations shall not exceed one year, after which time extensions may be granted as provided in ~ 17.96.070(F). (Ord. 2595 ~4, 6-27-90; Ord. 2103 ~ 16, 10-18-80.) 17.86.120 Existing Home Occupations. A. Home Occupations, other than those specifically exempted under Section 17.86.030, established prior to the effective date of this Chapter and not having a Conditional Use Permit in accordance with the provisions of ~ 17.96.050, shall, within ninety (90) days after the effective date of this Chapter, initiate a Conditional Use Permit application. After the ninety-day period, the penalties section of this Chapter shall be in full force. 17-73 1-92 \ 17.86.120 - 17.86.310 B. Time extensions of Conditional Use Permits for Home Occupations lawfully established prior to the effective date of this Chapter shall not be approved unless the Home Occupation complies fully with this Chapter. (Ord. 2103 ~ 17, 10-18-80.) 17.86.300 Revocation of Permit. 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. 2103 ~ 18, 10-18-80.) 17.86.310 Penalties. A Any person violating any provision of this Chapter shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. 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 Conditional Use Permit pursuant to the provisions of Section 17.86.050. Failure to apply for and obtain a Conditional Use Permit pursuant to Section 17.86.050 shall subject the person to the penalty specified in Section 17.86.310 A. (Ord. 2103 ~ 19, 10-18-80.) 17-74 1-92 17.87.010 - 17.87.040 Chapter 17.87 RS - Retail Stand Conditional Use Sections: 17.87.010 Purpose. 17.87.020 Definitions. 17.87.030 Conditional Use Permit Required. 17.87.040 Development Standards. 17.87.050 General Location Standards. 17.80.060 Specific Location Standards. 17.87.070 Application Procedure. 17.87.080 Routing and Staff Recommendations. 17.87.085 Public Hearing. 17.87.090 Planning Director's Decision. 17.87.100 Permit Limitations. 17.87.110 Permit Revocation. 17.87.120 Penalties. 17.87.130 Appeals. 17.87.140 Effective Date and Holdover Provisions. 17.87.010 Puq>ose. The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building 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. (Ord. 2596 ~ 1, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.020 Definitions. A Retail Stand is 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. (Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.030 Conditional Use Permit Required. No retail stand shall be permitted in the City of Port Angeles unless a Conditional Use Permit is approved pursuant to, and in compliance with, the provisions of this Chapter. (Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.040 Development Standards. All proposed retail stands must be compatible with the permitted and conditional uses of the zoning district in which the retail stand is located and must be compatible with the use of sidewalks as pedestrian thoroughfares and the use of parking lots as public parking areas. In furtherance of this requirement, all retail stands shall comply with the following minimum development standards: A. The cart shall be not more than 3 feet wide by 5 feet long by 5 feet high and shall have a minimum of two functional rubber-tired wheels and positive wheel-locking devices. 17-75 1-92 17.87.040 B. A canopy or umbrella may be included with the stand which may not exceed 40 square feet in area or a diameter of six feet. The canopy or umbrella shall be of vinyl, canvas, or similar durable material. Any part of such umbrella or canopy must have a minimum of seven feet of vertical clearance to the sidewalk and must not extend more than two feet from the edge of the cart in any direction. C. Retail stand materials shall be low maintenance and cleanable, preferably painted, and of non-corrosive metal. D. Each retail stand shall be a self-contained unit; PROVIDED, however, that self-contained electrical power generators are not permitted. Utility service connections are not permitted, except that electrical service connections may be permitted when provided by the adjacent property owner and when the following requirements are met: 1. Electrical lines are not allowed overhead or lying on the sidewalk. 2. The outlet location must be placed outside of walkways which are accessible to public and private use. 3. Length of electrical hook-up must be within 15 feet of the stand. 4. No extension cords will be allowed. 5. The hook-up must be permanently wired to the retail stand and meet National Electrical Code requirements as to type, size, and grounding, terminating in an approved outside weather-proof G.F.C.I. (ground fault circuit interrupting) type receptacle. 6. Each retail stand shall require an electrical permit unless previously UL approved, and require inspection prior to operation of the stand. E. Originality and diversity of design and the tasteful use of materials and colors shall be encouraged in order that existing businesses and properties are not detracted from and the economic development of the commercial area of the City is enhanced. As a general rule, bright cheerful colors will comply with this standard. F. Advertising signs may only be placed on the cart. Such signs must conform with City ordinance requirements for signs of the zoning district in which the retail stand is permitted. Any other signs shall not be permitted on sidewalks, parking lots or street areas; provided, however, in the CBD, Central Business District, advertising signs may be 40% of the facade or six square feet, whichever is less. G. Originality and appropriate graphics in signage shall be encouraged. H. All required licenses and permits issued by the City of Port Angeles must be displayed in a prominent, visible manner. I. Retail stand operations must have a permit from the Clallam County Health Department, when required, and must comply with all applicable Health Department requirements. J. Retail stands must be removed from sites daily between the hours of 10:00 P.M. and 6:00 A.M. No retail stand shall be left unattended at any time. 17-76 1-92 17.87.040 - 17.87.050 K. All persons conducting a retail stand business within the City must keep the site clean and orderly at all times and pick up any refuse or debris and clean up liquid spillage deposited by any person within 25 feet of the vendor's business location. Additionally, all such persons shall provide a refuse container for litter disposal by customers or other persons, which container shall be of a design approved by the City and which must be removed each day, along with the retail stand. City litter receptacles may not be substituted for this purpose. L. Support equipment and accessories shall be self-contained within the retail stand when the vendor is not present. Support equipment and accessories must not be placed in front of the cart and must not extend more than three feet from the edge of the cart in one direction. Support equipment and accessories shall not be placed so as to impede pedestrian or vehicular traffic. Food and non-alcoholic beverage preparation, serving, and display are prohibited in the support equipment area. M. Noise-making devices and loud shouting or yelling to attract attention are prohibited. N. All persons conducting a retail stand business shall obey any order of a police officer to temporarily move such retail stand to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic. O. Retail stands shall not be locked or chained to street furniture or trees. P. All retail stands shall have one 2AlOBC fire extinguisher mounted on the cart. Q. A minimum of five feet from the curb and additional space around the retail stand to maintain the pedestrian walkway as a public right-of- way shall be maintained at all times. Such width shall be measured after including the dimensions of the cart and awning attached to the cart, any support equipment or accessories placed adjacent to the cart during operations, and street furniture, street trees, lamp posts, etc. (Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.050 General Location Standards. A. Retail stands may only be located in the following zones: 1. Arterial Commercial District (ACD); 2. Central Business District (CBD); 3. Office Commercial District (OC); 4. Neighborhood Shopping District (CSD-N); 5. Community Shopping District (CSD-C); 6. Public Buildings and Parks District (PBP). B. The retail stand location shall be compatible with the pedestrian and the vehicular nature of the zone, the public interest, the use of the right-of- way as a public thoroughfare, the use of parking lots as public parking areas, and/or the use of an open air plaza in the CBD Zone. C. In determining whether or not a proposed location will be permitted, the following criteria shall be considered: 1. The type and intensity of the proposed use and the type and intensity of existing uses; 17-77 1-92 17.87.050 - 17.87.060 2. The width of the sidewalk; 3. The proximity and location of existing street furniture, including but not limited to sign posts, lamp posts, bus shelters, benches, phone booths, trees, news stands, as well as the presence of bus stops and truck 'loading zones; 4. Established and emerging pedestrian and vehicular traffic patterns; 5. The number of available retail stand sites in the given area of the City and the number of existing retail stands in such area; 6. Other factors deemed relevant by the City and consistent with the purpose of this Chapter. D. The retail stand and location shall promote the diversity of retail stand activity. E. The site and retail stand together shall not create a pedestrian or vehicular traffic hazard. F. The retail stand shall be compatible with uses in the general vicinity and the adjacent properties. G. The retail stand and location shall promote the pedestrian nature of the general area in which it is located. H. The retail stand location shall be compatible with the public interest in the use of the sidewalk as a public right-of-way and the use of a public or private parking lot for the primary intended use for vehicular parking and access and shall not endanger the public health, safety and welfare. (Ord. 2596 ~2, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.060 Specific Location Standards. A No retail stand shall be placed directly abutting a business which specializes in an item that the retail stand offers for sale, unless the applicant owns the establishment or has written consent from the proprietor of the establishment; e.g., a retail stand selling flowers may not be located directly adjacent to an established floral shop. If neighboring owners have submitted written disapprovals, the decision-maker shall give similar consideration based on distance from the site and impacts to such neighboring owners. B. When the abutting owner or tenant has submitted to the Planning Department written disapproval of the retail stand site, the decision-maker shall give due consideration to the impact that the retail stand would have on the abutting property owner's business and duty to maintain the sidewalk area. C. Each retail stand shall be placed so it does not obstruct or impede pedestrian or vehicular traffic. D. No retail stand shall be located within ten feet of the intersection of the adjacent sidewalk with any other sidewalk. E. Each retail stand shall be limited to one assigned location. In the event that two or more applications for the same location are received, the generallocational standards of this Chapter shall be used to determine which application, if approved, shall be assigned the location. 17-78 1-92 17.87.060 - 17.87.070 F. One or two permits may be issued for a location, and no permit shall be issued for a location within fifty feet of a location for which two permits are already approved. G. No retail stand shall be placed within two hundred feet of any public or private school, park, or playground, except when the entity having jurisdiction and control of such facility states in writing that it has no objection to the placement of such retail stand within two hundred feet. H. Any retail stand located in a parking lot shall comply with the following minimum standards: 1. The retail stand shall not block entrances and exits to the parking lot or fire exit doors of any buildings. 2. The retail stand shall only occur in parking lots containing more than 20 spaces. 3. No retail stand shall occur in parking spaces directly in front of entrances or windows of a building. 4. The retail stand shall comply with all other applicable City ordinances and State statutes. I. No retail stand shall be located within eight feet of an abutting property or within ten feet from any building entrances. (Ord. 2596 ~3, 6-27- 90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.070 Application Procedure. Applications for new Retail Stand Conditional Use Permits shall be considered starting in February of each year. The application for a Retail Stand Conditional Use Permit shall be submitted on a form obtained from the Planning Department and accompanied by the following documents: A Certification that adjacent property owners and/or businesses, including those one entrance to the left and one entrance to the right, both at street level, have been notified by the applicant of the application request and that the applicant has paid all applicable dues, assessments, and taxes. B. Detailed scale drawings of the retail stand to be used including materials, specifications, and drawings showing all four sides of the stand, including any logos, printing, or signs which will be incorporated. An example of the type of drawings required may be obtained from the Planning Department. Color schemes must be indicated on the drawings. For existing retail stands, five by seven color photographs may be substituted for drawings. C. An accurate drawing (plot plan to scale) of the retail stand and its location. The drawing must show the public or private place to be used, including design and size of the retail stand and support equipment accessories as placed adjacent to the retail stand during operation. D. If the area to be occupied is City-owned, such as a sidewalk, plaza, public access site, or parking lot, the permittee must obtain and retain a minimum of $500,000 public liability and property damage insurance coverage, naming the City as co-insured, and must sign an agreement to indemnify and hold the City harmless. 17-79 1-92 17.87.070 - 17.87.110 E. The scheduled hours of operation for the season that includes times of day, days of the week, months of the year, and scheduled closings. (Ord. 2596 ~4, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.080 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of this Chapter, the Planning Department shall route it to all appropriate departments and provide written notification of application to the applicant, abutting business and abutting property owner. Each City Department shall submit to the Planning Department recommendations and comments regarding the application. After consultation and coordination with all other applicable City Departments, the Planning Director 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. (Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.085 Public Hearing. Prior to making a decision on a Retail Stand Conditional Use Permit, the Planning Director shall hold a public hearing on the application with public notice being given as provided in ~ 17.96.140. (Ord. 2595 ~6, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.090 Planning Director's Decision. The Planning Director's approval, denial, or approval with modifications or conditions shall be in written form, with findings based upon compliance with all sections of this Chapter, and shall be provided to the applicant, the adjacent business, and the adjacent property owner. (Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.100 Permit Limitations. A A Retail Stand Conditional Use Permit may not be transferred to another person or to a location other than that stated on the permit. B. Each permit shall be for a period not to exceed eight months unless otherwise stated by the City and may be renewed by extension of an approved CUP. Preference may be given to a renewal extension request before a new application for that retail stand location shall be considered. (Ord.2596 ~5, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.110 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or 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; B. The cart or operation is detrimental the surrounding businesses or to the public due to either appearance or condition of the cart; C. Any required licenses have been suspended, revoked, or canceled; D. The applicant or permittee does not have a currently effective insurance policy in the minimum amount provided in this Chapter; or 17-80 1-92 17.87.110 - 17.87.140 E. The scheduled hours of operation are not followed. Upon denial, suspension or revocation, the Planning Director 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 retail stand has not been removed within 15 days, the Planning Director, or his designee, may cause a removal of any retail stand found in violation of this Chapter, and is authorized to store such cart or stand until the owner thereof shall redeem it by paying the removal and storage charges. (Ord. 2596 ~6, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.120 Penalties. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. (Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.130 Appeals. A. Any person aggrieved by the decision of the Planning Director under Section 17.87.090 or .110 may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the Planning Director decision. C. The retail stand shall be removed and shall not be operated during the appeal process. D. The City Council shall conduct a public hearing on the appeal with public notice being given as provided in ~ 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court as provided in ~ 17.96.150. (Ord. 2595 ~7, 6-27-90; Ord. 2471 ~ 1 (part), 1-1-88.) 17.87.140 Effective Date and Holdover Provisions. These rules and provisions shall take effect January 1, 1988. Vending units with valid permits as of that date may be granted renewals of those permits without regard to size and mobility of the units if the permittee, the location, and the cart or unit are the same as were permitted May 25, 1987. (Ord. 2471 ~ 1 (part), 1-1-88.) 17-81 1-92 . 17.91.010 - 17.91.050 CHAPTER 17.91 HOMES FOR THE ELDERLY. NURSING HOMES, GROUP CARE HOMES Chapters: 17.91.010 Purpose. 17.91.020 Location. 17.91.030 Lot Areas. 17.91.040 Minimum Yard Requirements. 17.91.050 Parking. 17.91.060 Recreation Area. 17.91.070 Screening. 17.91.010 Purpose. In order to provide adequate facilities and environment for elderly persons in the City of Port Angeles, special provisions are needed and shall be established and maintained. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.91.020 Location. A. Homes for the elderly, nursing homes, etc., shall be permitted in zoning districts specified in this Ordinance, and by Conditional Permit from the Planning Commission. B. To obtain a Conditional Permit each developer of proposed Elderly Housing shall meet the following requirements: 1. Market Analysis - Each developer shall submit a housing market analysis which will accurately reveal the need, the supply and the demand in the City and its environs for the type of housing which said developer proposes. 2. Site Plan - A site plan showing location of buildings, offstreet parking areas, recreation area, screening, driveways, fire exits and building line setbacks shall be submitted. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.91.030 Lot Areas. Minimum site area - 2 acres plus 500 sq.ft. for every bed over 20. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.91.040 Minimum Yard Requirements. A Front: 30 feet. B. Side: 20 feet. C. Rear: 40 feet. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.91.050 Parking. One (1) space per three (3) beds. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17-82 1-92 17.91.060 - 17.92.050 .. 17.91.060 Recreation Area. Landscaped recreation area shall be reserved for recreation purposes. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.91.070 Screening. Permanent solid fence or evergreen screening four (4) feet in height shall be established and maintained within three feet of the property line as required by the Planning Commission. (Ord. 2668 ~ 8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) CHAPTER 17.92 WRECKING YARDS, JUNK YARDS Sections: 17.92.010 Location. 17.92.020 Permit Required. 17.92.030 Screening. 17.92.040 Area Requirements. 17.92.050 Offstreet Parking Requirements. 17.92.010 Location. Junk: yards, salvage yards, automobile storage or wrecking yards may be permitted only in an Industrial District. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.92.020 Permit Required. A permit licensing a wrecking yard in a specified location shall be obtained from the Washington State Patrol and the City Zoning Administrator. Fee for said permit shall be $50. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) 17.92.030 Screening. Unless otherwise specified by the Planning Commission, a solid, site-obscuring fence seven (7) feet or more in height shall be constructed on or within five (5) feet of the rear and side property lines and the front yard setback line, which shall be a distance of fifty (50) feet from all street rights-of-way. No storage or display of any junk:, appliance, article, merchandise, or vehicle shall be permitted outside of said required fence. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.92.040 Area Requirements. There shall be a minimum lot area of three (3) acres for each junk: or salvage yard and each automobile storage and wrecking yard. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.92.050 Offstreet Parking Requirements. A minimum of ten (10) offstreet parking spaces shall be required for each junk:, salvage, or wrecking yard. (Ord. 2668 ~8 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17-83 1-92 .. . 17.94.010 - 17.94.020 CHAPTER 17.94 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS Sections: 17.94.010 Foregoing Regulations Subject to This Chapter. 17.94.020 Lot Area Not to be Reduced, Exceptions. 17.94.030 Use of Lots or Parcels Containing More Than Minimum Required Lot Area. 17.94.040 Measurement of Front and Side Yards. 17.94.050 Irregular Shaped Lots. 17.94.060 Yard Requirements for Property Abutting Half-Streets or Streets Designated by an Official Control. 17.94.070 Exception to Yard Requirement. 17.94.080 Yard and Open Space Regulations. 17.94.090 Vision Clearance. 17.94.100 Driveways. 17.94.110 Accessory Buildings. 17.94.120 Permitted Intrusions into Required Yards. 17.94.130 Lot Coverage Exemptions. 17.94.140 Walls, Fences, Shrubs, Hedges. 17.94.150 Storage of Merchandise, Vehicles in Yards and Rights-of-way. 17.94.160 Official Signs. 17.94.010 Foregoing Regulations Subject to This Chapter. The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this Chapter. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~ 1, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.020 Lot Area Not to be Reduced. Exceptions. A No lot area shall be so reduced or diminished that the lot area, lot width, yards or other open spaces shall be less than prescribed by these regulations for the zone in which it is located, nor shall the residential density be increased in any manner except in conformity with the regulations. B. For the purpose of encouraging the construction of offstreet parking space under or within buildings rather than in rear, side or front yards, the following exceptions to minimum lot areas shall be permitted: For each 10 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 shall 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. Said lot area credit, however, shall not apply to the reduction of any building line setbacks. (Ord. 2668 ~ 10 (part), 1-17-92; Ord 2666 ~8 (part), 1-17-92; Ord. 2238 ~2, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17-84 1-92 17.94.030 - 17.94.070 ~ 17.94.030 Use of Lots or Parcels Containing More Than Minimum required Lot Area. When a lot contains substantially two or more times the minimum lot area required for the zone in which it is located, and the owner desires to use each unit of area equivalent to the minimum lot area as a separate building site, provided not more than four (4) such units result, and no dedication of streets, alleys, or other public ways, public easements or public utility easements are involved, such area units may be so utilized by resorting to the split lot procedures as prescribed in the subdivision code. When such units are thus defined, then all of the provisions of these regulations governing the use of a lot in the zone in which such property is located shall apply thereto. Each resulting unit shall be required to have frontage upon a dedicated public street or road. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~3, 1-3-83; Ord. 1709 ~1 (part), 12-22-70.) 17.94.040 Measurement of Front and Side Yards. Front yard requirements shall be measured from the front property line. Side yards abutting a street or alley shall be measured from the property line that abuts the right-of-way line. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~5, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.050 Irregular Shaped Lots. The distance across the front building line of an irregular shaped lot shall be considered to be the lot width of said lot. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~6, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.060 Yard Requirements for Property Abutting Half- Streets or Streets Designated by an Official Control. A A building or structure shall not be erected on a lot which 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, shall relate to the future street boundaries as determined by said official control. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~7, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.070 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, then the adjoining side yard for such lot shall not be less than the minimum side yard required in the more restrictive zone. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~8, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17-85 1-92 . ~ 17.94.080 - 17.94.120 17.94.080 Yard and Open Space Regulations. Except as provided in this Chapter, every required yard and open space shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of these Regulations shall be considered as providing a yard or open space on an adjoining lot or parcel whereon a building is to be erected. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~9, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.090 Vision Clearance. In all Residential and Office Commercial Districts all corner and reverse corner lots shall maintain, for safety vision purposes, a triangular area within which no tree, fence, shrub, wall or other physical obstruction shall be permitted higher than thirty (30) inches above the established grade. Said triangular area shall be measured as follows: A Street Intersections - At any intersection of two street rights-of- way two sides of said triangular area shall extend twenty (20) feet along both right-of-way lines, 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 shall extend ten (10) feet along both rights-of-way, measured from their point of intersection. C. Street and Driveway Intersections - At any intersection of a street right-of-way and a driveway, the sides of each required triangular area shall extend ten (10) feet along the street right-of-way line and twenty (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. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~ 10, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.100 Driveways. Width, location, and number of curb-cuts for driveways per lot shall be determined by standards designed by the City Engineering Department. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~ 11, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.110 Accessory Buildings. Detached accessory buildings on the rear one third of the lot only are permitted not closer than 10 feet to rear property or alley line and three feet to the side property lines, except abutting a street. (Ord. 2668 ~1O (part), 1-17-92; Ord. 2238 ~12, 1-3-83; Ord. 1709 ~1 (part), 12-22-70.) 17.94.120 Permitted Intrusions into Required Yards. The following intrusions may project into any required yards: A Fireplace structures not wider than eight (8) feet measured in the general direction of the wall of which it is a part: thirty (30) inches. B. Unenclosed, uncovered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six (6) feet in the front, eight (8) feet in the rear and three (3) feet in the side into any required yard, provided however, an open railing or grillwork in conformance with the Uniform Building Code may be constructed around any such porch, terrace or landing. 17-86 1-92 17.94.120 - 17.94.160 . C. Planting boxes or masonry planters not exceeding thirty (30) inches in height may extend a maximum of three (3) feet into any required front yard. D. Eaves with a maximum overhang of thirty (30) inches. E. Detached accessory buildings on rear one third of lot only are permitted not closer than three feet to side nor ten feet to rear property lines or alleys. F. Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2636 ~ 15,5-15-91; Ord. 2488 ~1 (part), 5-27-88; Ord. 2238 ~13, 1-3-83; Ord. 1709 ~1 (part), 12-22-70.) 17.94.130 Lot Coverage Exemptions. The following shall be exempt from the maximum lot coverage requirements of any of the several zones: A Sidewalks, driveways, and uncovered off-street parking spaces. B. The first thirty (30) inches of eaves. C. Uncovered swimming pools and hot tubs. D. Uncovered and unenclosed concrete, brick, and stone patios, wood decks and platforms not more than thirty (30) inches above grade, provided however an open railing or grillwork in conformance with the Uniform Building Code may be constructed above any such patio, deck or platform. (Ord.2668 ~ 10 (part), 1-17-92; Ord. 2488 ~ 1 (part), 5-27-88; Ord. 2238 ~ 14, 1-3-83; Ord. 1709 ~1 (part), 12-22-70.) 17.94.140 Walls. Fences. Shrubs. Hedges. In all Residential and Office Commercial Districts a wall, fence, shrub or hedge may be maintained to a maximum height of six (6) feet on property not otherwise restricted. All vision clearance requirements shall be maintained. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2238 ~ 15, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.150 Storage of Merchandise. Vehicles in Yards and Rights-of-Way. A In Residential and Commercial Districts, the storage of merchandise, appliances or vehicles in front or side yards shall be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services shall be exempt from this requirement. B. In no zoning district shall the storage of any articles or vehicles be permitted to extend into public rights-of-way. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 2390 ~ 1, 5-30-86; Ord. 2238 ~ 16, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.94.160 Official Signs. Official traffic signs, directional signs, and warning signs erected by public authorities are hereby exempt from signage requirements in all zones. (Ord. 2668 ~ 10 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17-87 1-92 . 17.95.010 - 17.95.020 CHAPTER 17.95 SPECIAL PROVISIONS Sections: 17.95.010 Vacated Streets. 17.95.020 Nonconforming Uses. 17.95.030 Nonconforming Building or Structure. 17.95.040 Yards to be Enclosed Within a Solid Fence. 17.95.050 Moving of Buildings. 17.95.060 Temporary Buildings. 17.95.070 Dwelling Units in Commercial Areas. 17.95.080 Breezeway. 17.95.090 Exceptions to Area Requirements. 17.95.100 Uses. 17.95.110 Non-Zoned Annexation Areas. 17.95.120 Energy Facilities Prohibited. 17.95.130 Temporary Signs. 17.95.140 Billboards. 17.95.150 Residential Density in Commercial Zone Districts. 17.95.160 Parking Space Regulations. 17.95.010 Vacated Streets. Vacated streets, alleys, places and cul-de- sacs shall assume the zone classifications of the property which adjoined such street, alley, place or cul-de-sac prior to vacation, and where zone classification differs from one side to the other, then the boundary line shall be at the former center line of such vacated street, alley, place, or cul-de-sac. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) 17.95.020 Nonconforming Uses. A Existing Land Use - Continuance of Nonconforming Use. Any legal use of the land, existing or established at the time of the adoption of these regulations, shall be permitted to continue but shall not be expanded. B. Enlargement, Alteration, Reconstruction. A legal, conforming building or structure housing a nonconforming use shall be permitted to be repaired, altered, remodeled, or reconstructed providing said repairs, alteration, or reconstruction meet all zoning and building code requirements. C. Abandonment. If any nonconforming use of land and/or building or structure is abandoned and/or ceases for any reason whatsoever for a period of one (1) year or more, 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. D. Change in Use. A nonconforming use shall not hereafter be changed to any other nonconforming use, regardless of the conforming or nonconforming status of the building in which it is housed. 17-88 1-92 17.95.020 - 17.95.040 . E. Nonconformance as a Result of Annexation. All above regulations shall apply to each nonconforming use which comes within the City by means of annexation, from date of annexation. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2636 ~ 16 (part), 5-15-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.030 Nonconforming Building or Structure. A. Enlargement, Alteration, Remodeling. An existing legal building or structure that does not comply with zoning and building code requirements shall not be enlarged, altered, or extended, if such enlargement, alteration, or extension results in an increase in the degree of non-compliance. Structural repairs needed to maintain the building in a safe structural condition may be permitted. B. Reconstruction. When a legal building or structure that does not comply with the provisions of these regulations is damaged to an extent that does not exceed 75% of the existing assessed value of the building or structure for tax purposes, said building or structure may be restored, providing: 1. Reconstruction is started within nine (9) months and is completed within 18 months of date of damage. 2. After such repair has been completed, the building can be repaired or altered only if its use and the damaged portions conform to the regulations of the district in which the building or structure is located. When a legal building or structure that does not comply with the provisions of these regulations is damaged to an extent that exceeds 75% of the existing assessed value of the building or structure for tax purposes, said building or structure may be repaired or reconstructed providing it conforms to all the building code and zoning regulations of the zoning district in which it is situated, and further providing: 1. Reconstruction is started within nine (9) months and is completed within 18 months of date of damage. 2. After such repair has been completed, the building can be repaired or altered only if its use and the damaged portions conform to the regulations of the district in which the building or structure is located. The extent of damage to a nonconforming building or structure shall be determined by the findings of three appraisers, one to be chosen by the City, one by the building owner, and the third by the first two appraisers. All costs incurred in obtaining the estimates are to be paid by the building owner. Final decisions in regard to the extent and cost of damage are to be made by the Building Inspection Department. C. Nonconformance as a Result of Annexation. All above regulations shall apply to each nonconforming structure or building which comes within the City by means of annexation. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2636 ~ 16 (part), 5-15-91; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.040 Yards to be Enclosed Within a Solid Fence. A. Every wrecking, salvage, junk, and used lumber yard, equipment and material storage yards, auction houses or second-hand stores which, after 17-89 1-92 .. " 17.95.040 - 17.95.060 the effective date of these regulations, exists as a nonconforming use shall in the interest of public safety, within six (6) months after the same becomes a nonconforming use, be completely enclosed within a building or within a continuous solid fence no less than six (6) feet in height or to a greater height if such height is needed to screen completely all the operations of such yards. The plans of said building or fence shall have first been approved by the Planning Commission, and said building or fence shall be maintained in full conformity with any conditions attached to such approval. B. New uses shall be subject to site approval of the Planning Commission and shall be subject to any restrictions and modifications said Commission may stipulate. C. Noise abatement is to be enforced from 6:00 P.M. to 7:00 A.M. Burning of items on the premises is prohibited. D. Auction houses, second-hand barns, salvage lumber and used parts establishments shall contain all items for display or sale within a structure or behind a sight-obscuring fence not less than six (6) feet in height. No part of any required front, side or rear yard shall be used for the sale or display of any said items. (Ord. 2668 ~11 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) 17.95.050 Moving of Buildings. No building preconstructed, either partly or completely, shall be moved onto any site until such site and such building have been approved by the Building Inspector, subject to review by the Planning Commission. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.060 Temporary Buildings. A Planning Director Decision. The Planning Director may issue permits for occupancy of temporary buildings, including mobile homes, used in conjunction with construction or reconstruction projects, or buildings used as real estate tract offices, for a period not to exceed one (1) year. Such temporary buildings may be located in any zone; provided, however, sufficient setbacks are maintained to protect the public health, safety, and welfare. Buildings intended for a longer period of use shall conform in every respect to all provisions of these Regulations but will be considered by the Planning Director at a public hearing. Requests for extensions of previously approved temporary use permits with specified time periods of authorization shall also be considered by the Planning Director at a public hearing and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. 2. circumstances. B. Appeals 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the decision. 17-90 The use complies with the permit conditions. There have been no significant adverse changes III 1-92 17.95.060 - 17.95.120 .. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in ~17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with ~ 17.96.150. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2595 ~9, 6-27-90; Ord. 2334 ~2, 4-10-85; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.070 Dwelling Units in Commercial Areas. Dwelling units that are permitted in Commercial Districts shall be situated in apartment buildings and motels. No one-family or two-family buildings shall be permitted in any Commercial District except in the Office Commercial District (OC). Dwelling units situated above commercial structures shall meet yard and height requirements of said commercial structures. Offstreet parking spaces to be provided shall be the total commercial and residential requirements for said zoning lot. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2666 ~9, 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.080 Breezeway. If an accessory building is connected to a principal building by a breezeway the accessory building shall not be considered an extension of and a part of the principal building. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.090 Exceptions to Area Requirements. For the purpose of encouraging the construction of offstreet parking space under or within a building rather than in rear, side, or front yards, the following exceptions to minimum lot areas shall be permitted. For each 10 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 shall 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. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.100 Uses. Any uses not expressly permitted are to be reviewed by the Planning Commission for approval or denial in light of the zoning intentions, for each application. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.110 Non-Zoned Annexation Areas. If any area not previously zoned is annexed to the City, it shall automatically on annexation be classified and subject to the provisions, restrictions, and requirements of the RS-9 Residential Single-Family District. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.120 Energy Facilities Prohibited. Petroleum refineries, liquefied natural gas and liquefied petroleum gas facilities, energy facilities, energy plants and their associated facilities and associated transmission facilities, all as 17-91 1-92 . , 17.95.120 - 17.95.160 defined by Chapter 80.50 RCW, are expressly prohibited uses in all zoning classifications. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2231 ~ 1, 10-3-82.) 17.95.130 Temporary Signs. Activities located in commercial districts may install temporary signs to advertise a grand opening or social non-profit organizational event. The temporary sign(s) shall not exceed twenty-five (25) square feet in sign area and shall maintain the required minimum setbacks and height limitations of the underlying zoning district. Temporary sign(s) shall be removed no later than thirty (30) days from placement and social non-profit organizations shall remove sign(s) placed no later than sixty (60) days following placement, or be subject to Zoning Code enforcement action. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2636 ~ 17, 5-15-91.) 17.95.140 Billboards. For the purpose of interpretation and enforcement of this Zoning Code, billboards shall be limited to only commercial, industrial, or manufacturing zoning districts. Billboards shall be prohibited in all other zoning districts. Where permitted, a billboard shall not be constructed closer than 20 feet to any property line. (Ord. 2668 ~ 11 (part) 1-17-92; Ord. 2666 ~1O (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) 17.95.150 Residential Density in Commercial Zone Districts. Residential density for commercial zone districts which permit multi-family residential shall not exceed the maximum densities as set forth in the Residential Multi-Family (RMF) District, unless a density bonus is granted through the PRD process, or unless as may be otherwise designated in the individual commercial zoning districts. (Ord. 2668 ~ 11 (part), 1-17-92; Ord. 2666 ~ 10 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.95.160 Parking Space Regulations. All space used for the sale, display, or parking of any merchandise or vehicles shall be confined to the property lines. No space for the sale, display, or parking of any merchandise or vehicles shall 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. 2668 ~ 11 (part), 1-17-92; Ord. 2666 ~ 10 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17-92 1-92 17.96.010 - 17.96.020 . ~ .. CHAPTER 17.96 ADMINISTRATION AND ENFORCEMENT Sections: 17.96.010 Scope of Regulations. 17.96.020 Interpretation 17.96.030 Rules for Interpreting Zoning Boundaries. 17.96.040 Substandard Lots, Recorded Lots. 17.96.050 Conditional Use Permit. 17.96.060 Variances and Decisions of Building Inspector. 17.96.070 Hearing and Appeal of Conditional Use Applications. 17.96.080 Filing Fees. 17.96.090 Zoning Initiation by the Planning Commission. 17.96.100 Amendments. 17.96.110 Subdividing and Platting. 17.96.120 Enforcement. 17.96.130 Entry Upon Private Property. 17.96.140 Notice of Public Hearings. 17.96.150 Appeals. 17.96.160 Code Revisor. 17.96.170 Zoning Code Amendment. 17.96.180 Penalties. 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 which are applicable to the zoning districts 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 date, 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. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) 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. 17-93 1-92 . .. 17.96.020 - 17.96.030 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 which are most restrictive (or which 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 which was not lawfully existing at the time of the adoption of these Zoning Regulation 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. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 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 center line of streets, alleys, highways or City limits shall be construed as following such center lines and City limits. 2. Distances not specifically indicated on the Zoning Map shall be determined by applying 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 twenty-five (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 twenty-five (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 which is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~1 (part), 12-22-70.) 17-94 1-92 17.96.040 - 17.96.070 " ". 17.96.040 Substandard Lots. Recorded Lots. A. When a lot has less than the minimum required area, width or depth in any zoning district, and said lot was of record on the effective date of these Zoning Regulations, such lot shall be deemed to have complied with the minimum required lot area, width, or depth in such zoning district. B. A legal building or structure may be permitted on said lot of record providing it meets all front, side, and rear yard requirements. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 2238 ~ 17, 1-3-83; Ord. 1709 ~ 1 (part), 12-22-70.) 17.96.050 Conditional Use Permit A The Planning Commission shall consider all applications for Conditional Use Permits and may grant said permits for such uses as by these regulations are required to be reviewed and which can be permitted only upon the granting of a Conditional Use Permit. The Planning Commission 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 Planning Commission may impose whatever restrictions or conditions it considers 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. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.96.060 Variances and Decisions of Building Official. All requests for variances and appeals from decisions of the Building Official shall be handled by the Board of Adjustment in accordance with its powers and rules. (Ord. 2668 ~12 (part), 1-17-92; Ord. 1798 ~1, 8-15-73; Ord. 1709 ~1 (part), 12-22-70.) 17.96.070 Hearing and Appeal of Conditional Use Applications. A Notice and Hearing for Conditional Use Permits. Upon filing an application for a Conditional Use Permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of the Conditional Use Permit, the Planning Commission shall give public notice, as provided in ~ 17.96.140, of the intention to consider at a public hearing the granting of the Conditional Use Permit; provided, however, that Conditional Use Permits for bed and breakfasts, home occupations, and retail stands shall be considered by the Planning Director in accordance with Chapters 17.18, 17.86, and 17.87. The Planning Commission's decision shall be final unless appealed to the City Council. 17-95 1-92 . 'I- 17.96.070 - 17.96.080 . 41 B. Decisions. Conditional Use Permit decisions by the Planning Commission, Planning Director, and City Council 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. The IS-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, the Planning Department shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification. C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of the decision. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in ~ 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with ~ 17.96.150. D. Requests for Exceptions. All applications for exceptions from these Zoning Regulations shall contain all basic information, along with other pertinent facts, maps, and data required by the Planning Commission. E. Permits Void After One Year. All Conditional Use Permits shall become void one year from the date of granting such permits if use of the land or buildings has not taken place in accordance with the provisions in granting said requests. F. Extensions of Approved Conditional Uses. Extensions of those previously approved conditional uses that have specified time periods of authorization shall be considered in accordance with the same procedures and by the same entity as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. 2. circumstances. Upon written request for an extension submitted to the Planning Department prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 2636 ~ 18 (part), 5-15-91; Ord. 2595 ~ 1, 6-27-90; Ord. 2503 ~ 1, 7-27-88; Ord. 2334 ~3, 4-10-85; Ord. 1798 ~2, 8-15-73; Ord. 1709 ~1 (part), 12-22-70.) The use complies with the permit conditions. There have been no significant, adverse changes III 17.96.080 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 set by Resolution of the City Council, and may be amended or changed by Resolution from time to time, or as necessary. (Ord. 2668 ~12 (part), 1-17-92; Ord. 2143 ~1, 5-31-81; Ord. 1798 ~3, 8-15-73; Ord. 1709 ~ 1 (part), 12-22-70.) 17-96 1-92 17.96.090 - 17.96.120 4' · r II . 17.96.090 Zoning Initiation by the Planning Commission. On its own action, or if requested by the Council, the Planning Commission shall cause to be prepared official controls which, when adopted by ordinance by the Council, will further the objectives and goals of the Comprehensive Plan. The Planning Commission may also draft such regulations, programs and legislation which, in its judgment, are required to preserve the integrity of the Comprehensive Plan and assure its systematic execution, and the Planning Commission may recommend such plans, regulations, programs and legislation to the Council for adoption. (Ord. 2668 ~ 12 (part), Ord. 1709 ~ 1 (part), 12-22-70.) 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 zoning districts herein described, and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the 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 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 propose any amendment or change in the boundaries of any of the districts in these regulations, on its own action. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.96.110 Subdividing and Platting. The City Council shall review all proposed land plats and subdivisions and shall have the power to approve or deny said plats and to require any modifications necessary to assure conformance to the general purposes of the Comprehensive Plan, and to standards, specifications, and regulations established by State law, by City of Port Angeles Subdivision Regulations (Ch. 16.08 P AMC), and by this Title. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.96.120 Enforcement. A It shall be the duty of the Planning Director to enforce all provisions of this Ordinance. No oversight or dereliction on the part of the Planning Director 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 Title or any other Ordinance 17-97 1-92 . ., ... ~ .," " . 17.96.120 - 17.96.140 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 it shall be the duty of the City Attorney to bring and to prosecute an action in any court of competent jurisdiction 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. (Ord. 2668 ~12 (part), 1-17-92; Ord. 2636 ~14, 5-15-91; Ord. 1709 ~1 (part), 12-22-70.) 17.96.130 Entry Upon Private Property. The Building Official, members of the 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. 2668 ~ 12 (part), 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17.96.140 Notice of Public Hearings. Notice of public hearings required pursuant to this Title shall be given as follows: A. At least ten (10) days prior to the date of the public hearing, the Planning Department 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 1, where the purpose of the public hearing involves a specific site, notices shall be given as follows: 1. At least ten (10) days prior to the date of the public hearing, the applicant 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 Planning Department or in such other form as the Planning Department may direct. The applicant shall file with the Planning Department an affidavit that such posting has been accomplished and that the applicant shall assume full responsibility for return or replacement, in the case of damage. Consideration will be given in the case of vandalism beyond the applicant's control. 2. At least ten (10) days prior to the date of the public hearing, the Planning Department 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 Planning Department with mailing labels for each such property owner. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 2636 ~18 (part), 5-15-91; Ord. 2595 ~2, 6-27-90; Ord. 1709 ~1 (part), 12-22-70.) 17-98 1-92 17.96.150 - 17.96.180 .. ~ ... t 4t 17.96.150 Appeals. Any appeal of a final decision rendered by the City Council pursuant to this Title shall be filed in Clallam County Superior Court within fifteen (15) days of such final decision or be barred. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 2595 ~3, 6-27-90.) 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. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 2636 ~ 19 (part), 5-15-91.) 17.96.170 Zoning Code Amendment. A. Application. Any person wishing to apply for an amendment to this Zoning Ordinance shall submit a completed application and a $150 filing fee to the Planning Department, together with any necessary application and fees necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. (Ord. 2668 ~ 12 (part), 1-17-92; Ord. 2636 ~ 19 (part), 5-15-91.) 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 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, 1-17-92; Ord. 1709 ~ 1 (part), 12-22-70.) 17-99 1-92