ZONING
Editor's note— Formerly entitled "R7, Residential, Low Density," which was renamed by Ord. 3710, as herein set out.
Editor's note— Formerly entitled "RS-9 Residential, Single-Family," which was renamed by Ord. 3640, as herein set out.
Editor's note— Formerly entitled "RS-11 Residential, Single-Family," which was renamed by Ord. 3640, as herein set out.
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, renumbered §§ 17.14.025—17.14.070 of Ch. 17.14 as §§ 17.14.030—17.14.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Editor's note— Ord. 3688 § 30, adopted Dec. 21, 2021, repealed the former Ch. 17.15., §§ 17.15.010—17.15.080 and enacted new provisions §§ 17.15.010—17.15.040 as set out herein. The former §§ 17.15.050—17.15.080 pertained to area, dimensional and density requirements; off-street parking; signs; and design and landscaping, which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 6, adopted Dec. 20, 2016; Ord. 3548 § 8, adopted Jan. 5, 2016; Ord. 3343 § 6, adopted Jan. 1, 2009; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2668 § 3 (part), adopted Jan. 17, 1992; Ord. 2666 § 3 (part), adopted Jan. 17, 1992; Ord. 2652 § 6 (part), adopted Sept. 27, 1991; Ord. 2636 § 9 (part), adopted May 15, 1991; Ord. 2538 § 1, adopted June 28, 1989; Ord. 2397 § 1 (part), adopted June 16, 1986; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, changed the title of Ch. 17.17 from "HO - Home Occupations Permit" to "HO - Home Occupations."
Editor's note— Ord. 3688 § 32, adopted Dec. 21, 2021, repealed the former Ch. 17.20, §§ 17.20.010—17.20.230, and enacted a new Ch. 17.20 as set out herein. The former Ch. 17.20 was entitled "CO - Commercial, Office," and derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 8, adopted Dec. 20, 2016; Ord. 3343 § 7, adopted Jan. 1, 2009; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3123 § 11, adopted Oct. 11, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2926 § 3 (part), adopted Aug. 26, 1996; Ord. 2921 § 8, adopted June 28, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 19, 1993; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2715 § 4 (part), adopted Oct. 16, 1992; Ord. 2702 § 1, adopted Aug. 14, 1992; Ord. 2666 § 4, adopted Jan. 17, 1992; Ord. 2652 §§ 7, 8, adopted Sept. 27, 1991; Ord. 2635 § 5, adopted May 15, 1991; Ord. 2278 § 1, adopted Dec. 26, 1983; and Ord. 2109 §§ 2—7, 9, adopted Dec. 7, 1980.
Editor's note— Ord. 3688 § 33, adopted Dec. 21, 2021, repealed the former Ch. 17.21, §§ 17.21.010—17.21.230, and enacted a new Ch. 17.21 as set out herein. The former Ch. 17.21 was entitled "CN - Commercial, Neighborhood," and derived from: Ord. 3643 § 1, adopted Nov. 6, 2019; Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 9, adopted Dec. 20, 2016; Ord. 3548 § 12, adopted Jan. 5, 2016; Ord. 3390 § 5, adopted Jan. 30, 2010; Ord. 3343 § 8, adopted Jan. 1, 2009; Ord. 3332 § 3, adopted Apr. 25, 2008; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3155 §§ 8, 9, adopted Jan. 30, 2004; Ord. 3123 § 12, adopted Oct. 11, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2921 § 9, adopted June 28, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2797 § 3, adopted Feb. 11, 1994; and Ord. 2797 § 3, adopted Feb. 11, 1994.
Editor's note— Ord. 3688 § 34, adopted Dec. 21, 2021, repealed the former Ch. 17.22, §§ 17.22.010—17.22.230, and enacted a new Ch. 17.22 as set out herein. The former Ch. 17.22 was entitled "CSD - Community Shopping District," and derived from: Ord. 3643 § 2, adopted Nov. 6, 2019; Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 10, adopted Dec. 20, 2016; Ord. 3548 § 13, adopted Jan. 5, 2016; Ord. 3390 § 6, adopted Jan. 30, 2010; Ord. 3332 § 4, adopted Apr. 25, 2008; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3155 §§ 10, 11, adopted Jan. 30, 2004; Ord. 3123 § 13, adopted Oct. 11, 2002; Ord. 3111 § 4, adopted Mar. 15, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2977 § 1 (part), adopted Dec. 26, 1997; Ord. 2921 § 10, adopted June 28, 1996; Ord. 2863 § 3, adopted Apr. 14, 1995; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; and Ord. 2797 § 4, adopted Feb. 11, 1994.
Editor's note— Formerly Ch. 17.23 was entitled "CA - Commercial, Arterial," which was deleted by Ord. 3710 § 1, adopted March 21, 2023.
Editor's note— Formerly Ch. 17.24 was entitled "CBD - Central Business District," which was repealed by Ord. 3688 § 35, adopted Dec. 21, 2021.
Editor's note— Ord. 3745 § 2(Att. B), adopted Feb. 4, 2025, repealed the former Ch. 17.26 §§ 17.26.010—17.26.140, and enacted a new Ch. 17.26 as set out herein. The former Ch. 17.26 was entitled "RS - Retail Stands," and derived from: Ord. 3577 adopted Mar. 21, 2017; Ord. 3123 adopted Oct. 11, 2002; Ord. 3042 adopted Jan. 28, 2000; Ord. 2861 adopted Mar. 17, 1995; Ord. 2739 adopted Jan. 29, 1993; Ord. 2596 adopted June 27, 1990; and Ord. 2471 adopted Jan. 1, 1988.
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Ch. 17.95 and enacted a new chapter as set out herein. The former Ch. 17.95 §§ 17.95.010—17.95.170, entitled "Special Provisions," derived from: Ord. 3548 § 24, adopted Jan. 5, 2016; Ord. 3517 § 9, adopted Oct. 21, 2014; Ord. 3272, adopted Feb. 16, 2007; Ord. 3123 §§ 24, 25, adopted Oct. 11, 2002; Ord. 3009 § 1, adopted Feb. 12, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 29, 1993; Ord. 2668 §§ 10, 11 (part), adopted Jan. 17, 1992; Ord. 2636 § 16 (part), adopted May 15, 1991; Ord. 2595 § 9, adopted June 27, 1990; Ord. 2334 § 2, adopted Apr. 10, 1985; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
This Zoning Code is adopted for the following purposes:
A.
To implement the requirements of the State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses.
B.
To maintain the stability of residential, commercial, manufacturing, public and mixed use areas within the City, and to promote the orderly and appropriate development of such areas.
C.
To regulate the intensity of use of lots and parcels of land, and to determine the spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property.
D.
To sustain natural landscapes, corridors, and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas.
E.
To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off-street parking standards for motor vehicles, the loading and unloading of commercial vehicles, public transit access, and pedestrian safety.
F.
To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public, or other mixed uses within such lines.
G.
To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them.
H.
To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City.
I.
To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
J.
To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones.
K.
To conserve the taxable value of land and buildings throughout the City.
L.
To encourage the preservation of historic or culturally significant sites and structures throughout the City.
M.
To define and to limit the powers and duties of the administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions.
N.
To improve the variety, quality, availability, and affordability of the housing opportunities in the City.
O.
To avoid or mitigate significant adverse impacts such as hazardous materials, air and water pollution, noise, traffic, outside storage, large structures, and public safety problems which can be associated with specific land uses and thereby reduce conflicts between adjacent land uses.
P.
To identify what development should take place in each zone to accomplish the desired urban design as defined by the City's land use planning policies and regulations.
(Ord. 3710 § 1, 3/21/2023; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
The zones in this Zoning Code are established for the following purposes:
A.
R7 Zone. This is a mixed density residential zone intended to provide a diverse mix of infill housing and single-household residential neighborhoods that historically consisted of predominantly single-household dwellings on standard townsite-size lots. Uses which are compatible with and functionally related to a a diverse mix of lower and middle density residential environments may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the original townsite residential neighborhoods, following a standard rectangular street grid system of 60-foot rights-of-way for local access streets and 300-foot by 450 or 500-foot blocks with 50-foot by 140-foot lots and usually located in areas that are largely developed and closer to the center of the City.
B.
R9 Zone. This is a low density residential zone intended to create and preserve urban single-household residential neighborhoods consisting of predominantly single-household dwellings on larger than standard townsite-size lots. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single-household residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land.
C.
R11 Zone. This is a low density residential zone intended to create and preserve suburban sized single-household residential neighborhoods consisting of predominantly single-household dwellings on larger than standard sized townsite-sized lots, while maintaining densities at or more than four dwelling units per acre. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single-family residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land.
D.
RTP Overlay Zone. This is a mixed density residential zone intended predominantly for state regulated manufactured structure occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single-household, manufactured home parks, following an irregular urban land use pattern of private access roads and minimum 3,500 square foot lots.
E.
RMD Zone. This is a medium density residential zone, which allows a mix of single-household dwellings, duplexes and apartments at a minimum density greater than single-household neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be less restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for variety in the urban land use pattern for the City's lower density multi-family residential neighborhoods (at twice the density of the City's basic single-household residential neighborhoods) with direct access on an arterial street, and serving as a transitional use between low density residential uses and commercial/industrial uses.
F.
RHD Zone. This is a high density residential zone for multi-family structures. Compatible uses may be allowed on conditional use permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi-family residential neighborhoods usually located in areas that are largely developed and closer to the center of the City.
G.
PRD Overlay Zone. This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as 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 residential zones of differing density. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in residential zones.
H.
CO Zone. This is a commercial zone intended for those business, office, administrative, or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single-household residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development.
I.
CN Zone. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone should be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi-family residential uses are allowed. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development.
J.
CSD Zone. This is a commercial zone that is slightly less restrictive than the CN zone. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street. Businesses in this zone occur on sites of varying sizes and should be located on arterial streets of sufficient size and design standards to accommodate greater automobile and truck traffic. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed.
K.
CA Zone. This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic.
L.
CBD Zone. This is a mixed use zone intended to strengthen and preserve the area commonly known as the downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. This zone has standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. This zone provides the basic urban land use pattern for high density, pedestrian oriented, commercial uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements.
M.
CR Zone. This is a commercial zone intended to create and preserve areas for large land intensive commercial uses that provide retail services to a regional market. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors.
N.
IM Zone. This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, which are characterized as water-dependent or water related. Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water-dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and therefore heavy industrial manufacturing uses, which have significant nuisance factors, shall not be located in this zone.
O.
IP Zone. This is an industrial zone intended to create and preserve areas for office, commercial and industrial uses devoid of exterior nuisances in a planned, campus-like setting. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial and industrial uses typically involve the need for a large campus-like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street, design standards for high density, pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development, and support for private parking and business improvements.
P.
IL Zone. This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses.
Q.
IH Zone. This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult-only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical.
R.
PBP Zone. This is a zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use, subject to environmental impact mitigation.
S.
Home occupation permit. The purpose of this chapter is to ensure that an occupation or business undertaken within a primary or accessory structure located in a residential use district is incidental and subordinate to the primary use and is compatible with the existing neighborhood. This special use permit provides allowances for business activities taking place within a residential use.
T.
Reserved.
U.
Adult entertainment use. The purpose of this chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides procedures and regulations for specific adult-only business activities.
V.
Retail stand permit. The purpose of this chapter is to ensure that retail stands are appropriately located in the commercial and public areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. This special use provides procedures and regulations for business activities taking place outside a building or on public property.
W.
Junkyard conditional use. The purpose of this chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides for junk yards to be permitted through the conditional use permit process.
(Ord. 3728 § 5(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 7, 12/21/2021; Ord. 3548 § 1, 1/5/2016; Ord. 3517 § 1, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 2, 2/11/1994; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2553 § 1, 12/2/1989; Ord. 2511 § 1, 10/4/1988; Ord. 2483 § 1 (part), 3/23/1988; Ord. 2385 § 1 (part), 3/28/1986; Ord. 2329 § 1 (part), 3/11/1985; Ord. 2303 § 1 (part), 7/4/1984; Ord. 2293 § 1 (part), 4/4/1984; Ord. 2109 § 2, 12/7/1980; Ord. 2103 § 2, 10/18/1980; Ord. 2070 § 1 (part), 3/29/1980; Ord. 2038 § 1 (part), 7/29/1979; Ord. 1709 § 1 (part), 12/22/1970)
For the purpose of these regulations the City of Port Angeles is divided into 22 zoning classifications as follows:
*Sections 17.44 and 17.45 were added pursuant to Ordinance 3293, 8/31/2007
(Ord. 3710 § 1, 3/21/2023; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 part, 3/17/1995; Ord. 2798 § 2, 2/25/1994; Ord. 2715 § 2, 10/16/1992; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A zoning map, showing the location and the boundaries of the various zones in the City, shall be established as the Official Zoning Map and shall be an integral part of these Zoning Regulations. The Zoning Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intensity than the comprehensive plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest is served. Where the zoning land use designation is at a greater intensity than the comprehensive plan designation, a rezone consistent with the comprehensive plan must be obtained before new development will be permitted.
(Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning.
(Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
In the construction of the City's Zoning Regulations, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
A.
Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive.
D.
The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Accessory building. See "Building, accessory."
B.
Accessory use. The subordinate and incidental use of land or buildings on a lot. A use is to be considered accessory when it occupies less than 50 percent of a building's or lot's total square footage.
C.
Accessory dwelling unit (ADU). See "Dwelling unit, accessory."
D.
Adult family home. A dwelling of a person or persons who are providing personal care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter 70.128 RCW and Chapter 388.76 WAC (Adult family home regulations).
E.
Affordable housing. Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the income of an eligible household. An eligible household is one with a total household income no greater than 80 percent of the Clallam County median income as reported by the Washington State Office of Financial Management.
F.
Alley. A public right-of-way which provides service access to abutting property. For the purpose of an alley-street subdivision configuration, lot frontage along an alley is sufficient to satisfy the minimum lot frontage requirement.
G.
Alley-street subdivision. A subdivision of a standard City lot that results in one lot with street frontage and one lot with exclusively alley frontage.
H.
Amendment. A change in language of the zoning text which is an official part of these Zoning Regulations.
I.
Animal care. Any commercial facility where house pets are groomed, trained, boarded (including pet day care), provided medical treatment (such as veterinary clinics and animal hospitals), or sheltered for adoption. The use does not include kennels. The use is primarily indoors and may include limited, ancillary outdoor space. Retail sales may be incidental.
J.
Animal husbandry, commercial. The care and raising of animals, particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include non-commercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets.
K.
Animal husbandry, non-commercial. The care and raising of animals for non-commercial purposes, provided that this shall not include private non-commercial horse stables, kennels, up to three dogs and cats which are not house pets, or house pets.
L.
Antenna. Any pole, panel, rod, reflection disc including satellite earth station antenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and/or reception of radio frequency signals.
M.
Antenna support structure. Any building or structure other than a tower which can be used for location of telecommunications facilities.
N.
Applicant. Any person that applies for approval from the City.
O.
Application. The process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, erect or use such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
P.
Articulation. The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.
Q.
Articulation interval. The measure of articulation, the distance before architectural elements repeat.
R.
Artisan manufacturing. Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring solely within an enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than one building on a lot. Typical uses have negligible negative impact on surrounding properties and may include uses such as, but not limited to, woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, makers spaces, production of alcohol and food processing.
S.
Assisted living facility. Any home or other institution that provides housing, basic services, and assumes general responsibility for the safety and well-being of the residents (for seven or more residents) and may also provide domiciliary care consistent with Chapter 142, laws of 2004 in Chapter 18.20.020 RCW.
T.
Attainable housing. Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the net income of an eligible household. For purposes of the preceding sentence, an eligible household is one with a total net household income no greater than 120 percent of the Clallam County median income as reported by the Washington State Office of Financial Management.
U.
Authorized agent. A property management company, other entity, or person designated by the owner in writing to act on their behalf. The authorized agent may or may not be the local contact for complaints.
V.
Automotive service and repair. Any land or facility used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, fender, muffler, or upholstery work, oil change and lubrication, tire service and sales. The use may include incidental retail sales of automobile parts and accessories. The term excludes dismantling or salvage.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 8, 12/21/2021)
Editor's note— Section 8 of Ord. 3688 repealed and replaced § 17.08.010 in its entirety. See Code Comparative Table for full derivative history.
A.
Bed and breakfast. A lodging use where rooms are provided to guests by an on-site resident bed and breakfast operator or owner for a fee by prearrangement on a daily or short-term basis. Breakfast and/or light snacks are served to those renting rooms in the bed and breakfast.
B.
Bed and breakfast operator. Any person who is the owner or resident manager of a bed and breakfast unit.
C.
Bed and breakfast platform or platform. A person other than the bed and breakfast operator that provides a means through which a bed and breakfast operator may offer a bed and breakfast unit and from which the person financially benefits.
D.
Bed and breakfast unit. A room associated with a bed and breakfast that is offered or provided to a guest(s) by a bed and breakfast operator for a fee for fewer than 30 consecutive nights.
E.
Bioretention facility. An engineered facility that stores and treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation.
F.
Blank wall. The ground floor wall or portion of a ground floor wall that does not include a transparent window or door. See PAMC 17.22.350 for blank wall treatment standards.
G.
Blighted property. A property within the City which is suffering from physical dilapidation, deterioration, defective construction, or inadequate sanitary facilities as determined by the building standards of the International property maintenance code as adopted by the City.
H.
Breezeway. A roofed open-sided passageway connecting two buildings.
I.
Building, accessory. One which is subordinate and detached from a principal building, which is located on the same zoning lot as the principal building.
J.
Building, principal. The primary building on a lot, the building which houses the primary use of the land and the structures on a zoning lot.
K.
Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers.
L.
Building envelope. The three-dimensional area on a lot enclosed by the minimum setbacks and the maximum building height within which an allowed building or structure may be placed.
M.
Building frontage. The "façade" or street-facing elevation of a building. For buildings not adjacent to a street, it refers to the building elevation(s) that features the primary entrance to the uses within the building. Depending on the context the term is used in, it may also refer to the uses within the building. For example, a "storefront" is a type of building frontage.
N.
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.
O.
Business. See "Establishment, business or commercial."
P.
Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 9, 12/21/2021)
Editor's note— Section 9 of Ord. 3688 repealed and replaced § 17.08.015 in its entirety. See Code Comparative Table for full derivative history.
A.
Carport. An accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides.
B.
Car wash. An automotive service facility with self-propelled car washing equipment or where self-service washing is done by the customer.
C.
Casino. An establishment for the purpose of providing unrestricted gambling opportunity as regulated by the Washington State Gambling Commission. Activities regulated under casinos do not include mini-casinos, enhanced card rooms, public card rooms, social card rooms, pull tabs, punch cards, fundraising events sponsored by nonprofit organizations, bingo, state run lottery games, turkey shoots, raffles, sports pools, or other amusement games.
D.
Child care means an establishment for group care of nonresident children licensed by the Washington State Department of Children, Youth, and Family. Day care establishments are subclassified as follows:
1.
Child care provider means a child care provider who regularly provides early childhood education, early learning services, and developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home. The provider cares for not more than 12 children in the provider's home in the living quarters for periods of less than 24 hours a day. The term is not intended to include baby-sitting services of a casual, non-recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocated child care by a group of parents or legal guardians in their respective homes.
2.
Child care facility means an agency (i.e., facility or business) that regularly provides early childhood education and early learning services for a group of 13 or more children for periods of less than 24 hours. The center is not located in a private residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the useable living quarters.
E.
City Building Inspector. A building inspector employed by the City.
F.
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.
G.
Commission. The appointed Planning Commission, established and regulated by Chapter 2.36 PAMC.
H.
Common usable open space. Area within a planned overlay development which is accessible and usable to all occupants of the development and the City, which is:
1.
Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or
2.
Land which is dedicated to recreational buildings, structures or facilities; or
3.
Land which is dedicated to an open space purpose of the planned overlay development such as preservation of natural features.
To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet.
I.
Community center. A building or portion of a building used for not-for-profit cultural, educational, recreational, religious or social activities that is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are schools, places of worship (church, mosque, synagogue, temples, etc.), Boys and Girls Clubs, and similar uses. Community center does not include fraternities, lodges or similar uses.
J.
Conditional use permit (CUP). A limited permission to locate a particular use at a specific location, where limited permission is required in order to review the controls stipulated by these regulations on a case-by-case basis and to such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the City's Comprehensive Plan, and shall not be contrary to the public interest. The City has some conditional uses that may be processed as an administrative CUP, where the Director of Community and Economic Development is the approval authority. All other conditional uses are considered a CUP, where the City Hearing Examiner is the approval authority.
K.
Conditional use. A use permitted in a zone when authorized by the appropriate approval authority but which requires a special degree of review and may be subject to certain conditions to make such use consistent and compatible with other existing or permissible uses in the same zone.
L.
Conforming building or structure. A building that complies with all sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zone in which such building or structure is located.
M.
Conforming lot. A lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated.
N.
Conforming use. A use that is listed as a permitted, accessory or conditional use in the zone in which the use is situated.
O.
Conference center. A facility used for conferences and seminars, or other community events promoting tourism, that may include accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health facilities, retail and personal services primarily for the conference center guests.
P.
Consumer goods service. A use involving the maintenance, repair, cleaning, or rental of consumer and household goods. Examples include, but are not limited to, laundromats, dry cleaning, shoe repair, clothing rental, appliance and electronics repair, print and photo shops, sign shops, musical instrument repair, jewelry and watch repair, and tool and equipment rental. These uses may include accessory retail sales.
Q.
Cornice. A horizontal molding projecting along the top of a wall, building, etc.
R.
Cottage housing. See "Dwelling, cottage housing."
S.
Council. The City Council.
T.
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. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 10, 12/21/2021)
Editor's note— Section 10 of Ord. 3688 repealed and replaced § 17.08.020 in its entirety. See Code Comparative Table for full derivative history.
A.
Day care. See "Child care."
B.
Density. The ratio of the number of dwelling units per area of land, typically used to demonstrate the minimum or maximum number of dwelling units available for development on a lot.
C.
Density, low. Residential development of a minimum of four and maximum of seven units per acre that primarily consists of single-household dwellings, duplexes, and accessory dwelling units.
D.
Density, medium. Residential development of a minimum of four units and no maximum units per acre that consists of a mix of middle housing and multi-family structures along with single-household dwellings.
E.
Density, high. Residential development of a minimum of eight units and no maximum units per acre that consists of a mix of middle housing and multi-family structures.
F.
Density, mixed. Residential development of a maximum 25 units per acre that consists of a mix of residential infill housing types identified in Chapter 17.21 and single-household dwelling units.
G.
Department of Community and Economic Development (DCED) means City of Port Angeles Community and Economic Development Department.
H.
Departure. A provision allowing for applicants to propose alternative means of compliance with a specific standard on a voluntary basis, provided they meet the purpose of the standard. See PAMC 17.22.040 for more information on departures.
I.
Designated lessee. A person who resides at a principal residence in a minimum one-year, long-term lease with the owner.
J.
Detached building. See the definition for "Building, accessory".
K.
Development. Any activity which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide the land into two or more parcels, or any use or extension of the use of the land.
L.
Director. The Department of Community and Economic Development Director or his/her designee.
M.
District. A portion of a planning area which is defined by the primary uses located in that portion of the planning area.
N.
Dormitory. A residence hall providing sleeping rooms, with or without eating facilities.
O.
Duplex. See "Dwelling unit, duplex."
P.
Dwelling or dwelling unit. A building or portion thereof with one or more rooms which are arranged, designed or used for occupancy as separate living quarters for the exclusive use of a single household and is constructed in accordance with the International Building Code or International Residential Code or park models as defined in the American National Standards Institute A119.5 standard for park trailers. Permanently installed kitchen, sleeping, and sanitary facilities must always be provided within the dwelling unit. A dwelling or dwelling unit does not include a house trailer that does not meet ANSI-A119.5 nor does it include hotels, motels or lodging houses.
Q.
Dwelling, cottage housing. A small single-household dwelling that is clustered with other similar units sharing a common open space. See cottage housing standards in Chapter 17.21 PAMC.
R.
Dwelling, multi-family. A building or a portion thereof containing three or more dwelling units. The term also includes any dwelling unit within a mixed use building.
S.
Dwelling, single-household. A building containing one dwelling unit.
T.
Dwelling, small lot single-household. A building containing one dwelling unit on a lot less than 5,000 square feet in area. See small lot single-household standards in Chapter 17.21 PAMC.
U.
Dwelling, townhouse. A dwelling unit that shares one or more common or abutting walls with one or more dwelling units and has exterior access. A townhouse does not share common floors/ceilings with other dwelling units. See townhouse standards in Chapter 17.21 PAMC.
V.
Dwelling unit, accessory. A habitable unit added to, created within, or detached from a primary single-household residential dwelling or duplex that provides basic requirements for living, sleeping, eating, cooking, and sanitation as outlined by the International Residential Building Code. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly incidental to a detached primary single-household dwelling both in use and appearance. An ADU may also be referred to as an accessory residential unit (ARU) in this title.
W.
Dwelling unit, duplex. A building containing two dwelling units. See duplex standards in Chapter 17.21 PAMC.
X.
Dwelling unit, short-term rental and bed and breakfast. A building or portion thereof with one or more rooms that are arranged, designed, or used for occupancy as separate living quarters and is constructed in accordance with the International Building Code or International Residential Code. Permanently installed kitchen, sleeping, and sanitary facilities must always be provided within the dwelling unit.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 11, 12/21/2021)
Editor's note— Section 11 of Ord. 3688 repealed and replaced § 17.08.025 in its entirety. See Code Comparative Table for full derivative history.
A.
Economic hardship. Economic hardship occurs when the applicant demonstrates to the Director of Finance that the total income of his or her household is at or below 65% area median income (AMI) or provides documentation that the applicant is currently receiving one of the following benefits:
•
Senior property tax exemption from the Clallam County Assessor's Office; or
•
Utility Discount through the City of Port Angeles or Clallam County PUD; or
•
Temporary assistance to needy families (TANF); or
•
Disability through the Social Security Administration.
B.
Emergency housing. Defined by RCW 36.70A.030.
C.
Emergency shelter. Defined by RCW 36.70A.030.
D.
Engineer means a professional civil engineer, licensed by and in good standing in the State of Washington.
E.
Enlargement. An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.
F.
Environmentally sensitive area. An area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated coastal drift processes).
G.
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.
H.
Establishment, business or commercial. A place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
I.
Event. A wedding, bachelor or bachelorette party, concert, sponsored event, large gathering, or any similar group activity.
J.
Existing (pre-existing). A use, lot, or building that existed at the time of the passage of the City's Zoning Regulations, or prior to January 4, 1971.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3688 § 12, 12/21/2021)
Editor's note— Section 12 of Ord. 3688 repealed and replaced § 17.08.030 in its entirety. See Code Comparative Table for full derivative history.
A.
Façade. The entire street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation.
B.
Farming, commercial. The planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening or greenhouse structures accessory to single-household dwelling.
C.
Fence. A structure that is built, constructed, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate and divide, partition, enclose, or screen a parcel or parcels of land. Fences may be constructed of wood, masonry, ornamental metal, or other such materials. For the purpose of this ordinance, plant materials are not considered a fence.
D.
Fire life-safety checklist. A checklist of all City requirements to safely operate a short-term rental or bed and breakfast reviewed and updated by the City on a yearly basis to ensure all requirements are current and best practices. This checklist will outline all requirements for fire life-safety operations for a short-term rental.
E.
Fire life-safety inspection. A yearly inspection required to operate a short-term rental or bed and breakfast that reviews compliance with applicable International Fire Code, International Commercial Code, International Residential Code, or other federal, state, or local building requirements pertaining to building safety, fire prevention, and safety, or other safety requirements.
F.
Floor area, gross (GFA). The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
G.
Floor area, net (NFA). The actual occupied floor area, not including unoccupied accessory areas such as corridors, stairways, ramps, toilet rooms, mechanical rooms, and closets.
H.
Food and beverage establishment. A use that prepares and sells food and/or drink for on- or off-premises consumption. Examples include, but are not limited to, bars, cocktail lounges, cafés, cafeterias, restaurants, take-out lunch stands, and taverns.
I.
Frontage. See "Building frontage" or "Lot frontage."
J.
Fuel station. A retail use primarily involving automobile fuels and specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may provide incidental retail sales of food and other convenience items.
K.
Fuel yard or bulk plant. That portion of a property where flammable or combustible liquids are received by tank vessel or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank vehicle, portable tank or container for subsequent resale and not to the consuming public.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 13, 12/21/2021)
Editor's note— Section 13 of Ord. 3688 repealed and replaced § 17.08.035 in its entirety. See Code Comparative Table for full derivative history.
A.
Garage. A deck, building or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
B.
Garage, private residential. A building or structure that is accessory to a single-household dwelling or duplex dwelling, enclosed on not less than three sides and with a roof, and designed or used only for the parking and storage of vehicles, primarily only those vehicles belonging to the occupants of the dwelling.
C.
Garage, public. A structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
D.
Garage, repair. A building or structure other than a private residential garage, used for the care, repair, or storage of automobiles and not the same as a service station as defined within these regulations.
E.
Gross floor area. See "Floor area, gross (GFA)."
F.
Group living. A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter and does not include any type of group living facility that is licensed by the State of Washington. Eating and cooking areas may be shared in whole or part.
G.
Guest. Any person or persons renting a short-term rental or bed and breakfast.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 14, 12/21/2021)
Editor's note— Section 14 of Ord. 3688 repealed and replaced § 17.08.040 in its entirety. See Code Comparative Table for full derivative history.
A.
Hard surface. An impervious surface, a permeable pavement, or a vegetated roof.
B.
Height.
1.
Definition. The total distance in feet from average ground elevation at perimeter walls as determined by the final grade noted on the building plan approved by the City to the highest point of the structure. The final grade must not exceed the pre-alteration grade as it existed prior to excavation. For the purposes of this title, a grade is established only when the City Building Inspector verifies the grade.
2.
Exceptions. The height restrictions in this title shall not apply to spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and/or not intended for human occupancy or habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed the maximum building height by more than ten feet. Other architectural appurtenances such as ornamental cupolas, parapets, and spires, not exceeding the maximum building height by more than ten feet nor exceeding ten feet in diameter, are also exempt from height requirements.
C.
High density. See "Density, high."
D.
Household. One person or two or more persons living together as a single, nonprofit, housekeeping unit. A household may also be referred to as "family" in this title.
E.
Home occupation. An occupation or business activity which results in a product or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property.
F.
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.
G.
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.
H.
Hospice. A facility for the terminally ill.
I.
Hostel. A residential structure or commercial building where transient accommodations for 30 days or less (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and/or owner occupancy as follows:
1.
Owner occupied single-family residential hostels are allowed in the same zones as bed and breakfasts.
2.
Non-owner occupied commercial structure hostels are allowed by the same process and in the same zones as hotels and motels.
J.
Hotel. A facility offering transient lodging accommodations for 30 days or less to the general public and that may include additional facilities and services, such as restaurants, meeting rooms, personal services, etc.
K.
House pets. Domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 15, 12/21/2021)
Editor's note— Section 15 of Ord. 3688 repealed and replaced § 17.08.045 in its entirety. See Code Comparative Table for full derivative history.
A.
Impervious surface. A non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non-vegetated surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Vegetated roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area.
B.
Indoor recreation. A use that provides recreation-oriented activities indoors, including, but not limited to, arcades, arenas, bowling alleys, dance halls, gyms, marital arts studios, skating rinks, and swimming pools.
C.
Indoor theater. A movie theater, stage theater, auditorium, and similar uses. The term includes facilities or venues with entertainment services such as visual and/or performing arts, theatrical productions, bands, orchestras, and other musical entertainment.
D.
Infill housing. A range of house-scale buildings with multiple units, compatible in scale and form with detached single-household dwellings.
E.
Infill Overlay Zone (IOZ). A site-specific development that has been approved by the City under the provisions of Chapter 17.45 of the Port Angeles Municipal Code.
F.
Internal walkway. Any pedestrian path or pedestrian walkway internal to a development. This includes sidewalks along private streets.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 16, 12/21/2021)
Editor's note— Section 16 of Ord. 3688 repealed and replaced § 17.08.050 in its entirety. See Code Comparative Table for full derivative history.
A.
Junk yard. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings.
(Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Kennel. A place where four or more dogs or cats, four months old or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not, provided that the number of dogs and cats counted shall not include house pets.
B.
Kitchen. A room or space which is constructed or equipped to facilitate the washing, cooking, and storing of food; kitchen facilities include plumbing for sinks and electrical wiring for ovens and stoves.
(Ord. 3053 § 1 (part), 6/16/2000; Ord. 2861 § 1, (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Landfill, sanitary. An area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible and non-combustible refuse, and industrial solid wastes.
B.
Legal building, structure, land use. Any building, structure or use of the land that complies with all zoning requirements.
C.
Legal nonconforming building or structure. A legally established building or structure which met the applicable Zoning Code requirements in effect at the time the building or structure was constructed, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located.
D.
Level of service. An established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need.
E.
Licensee. A holder of: (a) a short-term rental business license; or (b) a bed and breakfast business license; or (c) a platform business license from the City.
F.
Local contact. A person identified by the owner who can respond 24 hours a day, seven days a week, to any complaint about the short-term rental during rental periods.
G.
Lot. A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street.
H.
Lot area. The total area within the lot lines of a lot, excluding any primary access easements or panhandles.
I.
Lot, conforming. See "Conforming lot."
J.
Lot frontage. The length of the front lot line measured at the street right-of-way line. Alleys are not considered right-of-way providing a lot frontage when any frontage along a street is present. For the purpose of an alley-street subdivision configuration, lot frontage along an alley is sufficient to satisfy the minimum lot frontage requirement.
K.
Lot, irregular. A lot that has an irregular shape, such as narrow necks, points, legs and panhandles.
L.
Lot line. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public right-of-way or public space.
M.
Lot, panhandle (also known as flag). A lot generally in the shape of a flag where access is typically provided by a narrow, private right-of-way or driveway also known as the "panhandle."
N.
Lot types.
1.
Alley access lot. A lot with right-of-way access only on an alley.
2.
Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets, forming an interior angle of less than 135 degrees.
3.
Interior lot. A lot other than a corner or through lot.
4.
Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel, streets. Both lot lines abutting streets shall be deemed front lot lines. Lots with rear alley frontage shall not be considered through lots.
5.
Reverse frontage lot. A double frontage or through lot that is not accessible from one of the parallel or nonintersecting streets on which it fronts.
O.
Lot, zoning. A single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record.
P.
Lot line, front. In the case of an interior lot, a line separating the lot from a street or alley right-of-way, and in the case of a double frontage or through lot, a line separating the lot from a street right-of-way from which a drive access may be permitted and located by the City. In the case of a corner lot, a property owner may designate either line separating the lot from street rights-of-way as the primary front lot line, therefore creating an additional front lot line. For a lot with an irregular shape, narrow neck, point and panhandle, the front lot line is the shortest lot line adjoining the panhandle portion of the lot, excluding the unbuildable portion of the pole.
Q.
Lot line, rear. That boundary of a lot which is most distant from and is most nearly parallel to the front lot line.
R.
Lot line, side. Any boundary of a lot which is not a front nor a rear lot line.
S.
Lot line, zero. A concept utilized to permit a structure or wall of a building to be located on a property line.
T.
Lot coverage. The amount or percent of the ground area of a lot on which buildings are located. This amount/percent shall include all buildings which are partially or totally enclosed and covered by an impervious roof, including any garages, carports, covered patios, and cantilevered portions of a building, and structures covered by an impervious roof even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang, nor does it include uncovered decks and porches or other structures not higher than 30 inches from the ground.
U.
Lot width. The horizontal distance between side lines of a lot measured at right angles to the lot depth along a straight line parallel to the front lot line at the minimum required building setback line.
V.
Low density. See "Density, low."
W.
Low impact development (LID) facilities/BMPs are distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID facilities/BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use.
X.
Low-powered, networked telecommunications facilities. Those facilities with maximum transmitter peak output power that do not exceed one watt and are less than 14 inches by 16 inches by eight inches with an antenna no greater than 30 inches.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 1, 12/20/2016; Ord. 3548 § 2, 1/5/2016; Ord. 3332 § 1, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3089 § 2 (part), 6/29/200; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2956 § 1, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2839, 10/14/1994; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Manufactured home. A single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code.
B.
Marina. A system of piers, buoys, or floats that provide a centralized site for extended moorage for more than four vessels for a period of 48 hours or longer. For regulatory purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as marinas. Boat launch facilities and the sales of supplies and services for small commercial and/or pleasure craft users may be associated with marinas. Where such amenities are included, the marina is considered a multi-use marina.
C.
Massage. The method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality.
D.
Massage parlor. Any premises where massages are given or furnished for, or in expectation of any fee, compensation or monetary consideration, except:
1.
Facilities adjunct to athletic clubs, medical facilities, hotels, motels or beauty salons; and
2.
Enterprises licensed by the state and operating as approved home occupations.
E.
Medical/dental building. A building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington.
F.
Medium density. See "Density, medium."
G.
Mixed density. See "Density, mixed."
H.
Mixed use structure. A single structure or building containing two or more complementary, physically and functionally integrated, or mutually-supporting uses (such as housing, offices, manufacturing, retail, public service, or entertainment).
I.
Mobile home. A factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C 5401 et seq.) and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the State of Washington.
J.
Modulation. The stepping forward or backwards a portion of the façade as a means to articulate or add visual interest to the façade.
K.
Motel. See definition for "Hotel."
L.
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.
M.
Multi-family dwelling. See "Dwelling, multi-family."
(Ord. 3734, § 2, 9/17/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 17, 12/21/2021)
Editor's note— Section 17 of Ord. 3688 repealed and replaced § 17.08.070 in its entirety. See Code Comparative Table for full derivative history.
A.
Neighborhood. An area located within a district where people live, which is defined by the primary type and/or density of the residential units located in that particular area of the district.
B.
Net floor area. See "Floor area, net (NFA)."
C.
Noncompliant short-term rental. A short-term rental that was in operation before July 1, 2024, and was not compliant with the ordinances in effect prior to July 1, 2024.
D.
Nonconforming building or structure. Any building or structure that does not conform with the lot area, yard, height, or lot coverage restrictions in these Zoning Regulations, either at the effective date of these regulations or as the result of subsequent amendments to these regulations.
E.
Nonconforming lot. A legally established lot, the area, dimensions or location of which met the applicable zoning code requirements in effect at the time the lot was created, but which fails by reason of such adoption, revision or amendment of these Zoning Regulations, to conform to the present requirements of the zone in which it is located.
F.
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.
G.
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.
H.
Nursing home. Any home or residential facility licensed per 18.51 RCW that operates or maintains facilities providing convalescent or chronic care for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. Nothing in this definition shall be construed to include any "assisted living facility".
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 18, 12/21/2021)
Editor's note— Section 18 of Ord. 3688 repealed and replaced § 17.08.075 in its entirety. See Code Comparative Table for full derivative history.
A.
Off-street parking space. An area other than a public or private street, alley, highway or traffic way, and used only for the storage of vehicles. Refer to Chapter 14.40 PAMC for off-street parking standards.
B.
Open space. Natural areas of unique or major physical features such as shorelines, bluffs, beaches, lagoons, waterways, ravines, streams, rivers, lakes, wetlands, wildlife habitats, and other environmentally sensitive areas deemed of significant importance to the community by the City; landscaped areas such as parks, playfields, golf courses, outdoor stadiums, and public landscaped areas such as those along boulevards and around public buildings; improved outdoor areas such as piers, playgrounds, plazas, promenades or trails, tennis courts, viewpoints, and other outdoor spaces open to the public.
C.
Operator. Any person who is the owner or tenant of an established dwelling unit, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for short-term rental use.
D.
Owner. Any person with fee title or a long-term leasehold to any parcel of land within the City, who desires to develop, or construct, build, modify, erect, or use such parcel of land.
E.
Owner, short-term rental and bed and breakfast. Any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who, as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement shall not be considered an owner.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3688 § 19, 12/21/2021)
A.
Parcel. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area.
B.
Park model. A recreational vehicle intended for permanent or semi-permanent installation that is used as an accessory residence, and is in compliance with ANSI A119.5. See WAC 296-150P and RCW 59.30.020 for additional information.
C.
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.
D.
Permanent supportive housing. Defined by RCW 36.70A.030.
E.
Permeable pavement pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material. Intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.
F.
Person. Any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
G.
Personal care services. Uses involved in providing nonmedical body and health services to the general public, including, but not limited to, salons, barbers, tanning, massage therapy, tailors, and tattoo parlors. These uses may include accessory retail sales.
H.
Planned Industrial Development (PID). A PID is a site specific development which has been approved by the City Council under the provisions of Chapter 17.31 of the Port Angeles Municipal Code.
I.
Planning area. A large geographical area of the City, which is defined by physical characteristics and boundaries.
J.
PRD. Planned Residential Development.
K.
Principal building. See "Building, principal."
L.
Principal residence. A residence where the owner or designated lessee personally resides and is a person's usual place of return for housing as documented by motor vehicle registration, driver's license, voter registration, or other such evidence as determined by the Director. A person may have only one principal residence.
M.
Principal use. The primary use of land or buildings on a lot as distinguished from a subordinate or accessory use. A use is considered principal when it occupies 50 percent or more of a building's total square footage.
N.
Private educational services. Uses providing for-profit and non-profit educational services. Examples include, but are not limited to, testing centers, business schools, trade and vocational schools, language and exam tutoring, music instruction, dance studios, and arts and craft studios. The term does not include government facilities.
O.
Professional, business, and media offices. Offices used as a place of business conducted by persons engaged in professions including, but not limited to, accounting, finance, law, real estate, design, engineering, photography, software development, research, counseling, journalism, and business administration. The term includes banks/credit unions and audio and video recording and broadcasting.
P.
Public. Owned, operated or franchised by a unit of general or special-purpose government.
Q.
Public building. Any structure used in whole or in part for a public purpose or by a public organization. The term includes all City-owned facilities.
(Ord. 3734, § 2, 9/17/2024; Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 20, 12/21/2021)
Editor's note— Section 20 of Ord. 3688 repealed and replaced § 17.08.085 in its entirety. See Code Comparative Table for full derivative history.
At this time, there are no definitions beginning with the letter Q.
(Ord. 3577 § 1, 3/21/2017)
A.
Reclassification. A change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations.
B.
Reconstruction. The act of constructing again.
C.
Recreation facility or area. A facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground or other similar use.
D.
Recreational camps. A commercial facility established for temporary occupancy by people using tents, recreational vehicles, travel trailers, and similar lodgings. Improvements such as roads, toilets, showers, utility connections, and other amenities may be provided.
E.
Recreational purpose. An express intent of a space design and development to service a particular healthful or aesthetic activity.
F.
Remodel. Development activity modifying an existing structure or facility. A remodel can include a change in use. Remodel activity is subject to the same development standards applicable to new development except where stated otherwise.
G.
Rental period. The period a dwelling unit or portion thereof is rented to a single party, regardless of whether that party consists of one individual or multiple individuals.
H.
Repair, minor. Improvements to correct deficiencies resulting from normal wear and tear or improvements not requiring a building permit.
I.
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.
J.
Residential building. See "Building, residential."
K.
Restoration. The act of putting back or bringing back into a former or original state.
L.
Retail sales. Any use involving the sale, lease, or rental of new or used products, including, but not limited to, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products. The use may include incidental exterior sales activities that do not meet the definition of "retails sales, heavy."
M.
Retail sales, heavy. "Retail sales, heavy" means retail uses with exterior sales and/or storage areas greater than 15,000 gross square feet or occupying a greater area than the use's principal building. Examples include, but are not limited to, uses selling agricultural supplies, farm equipment, plant and landscape design materials, building materials, and heating fuels.
N.
Retail stand. A small, moveable cart that is operated from a fixed location and is designed and sized to be readily moved under the control of one person but not under its own power.
O.
Right-of-way. Land acquired or dedicated for purposes of a street, highway, sidewalk, alley, avenue, other structure used for pedestrian or vehicular traffic, or easement or any combination of such uses for which the City has regulatory authority.
P.
Roof. A structure covering any portion of a building or structure, including the projections beyond the walls or supports.
Q.
Roofline. The highest edge of the roof or the top of a parapet, whichever establishes the top line of the structure when viewed in a horizontal plane.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 21, 12/21/2021)
Editor's note— Section 21 of Ord. 3688 repealed and replaced § 17.08.090 in its entirety. See Code Comparative Table for full derivative history.
A.
Self-service storage. An establishment containing separate storage spaces that are leased or rented as individual units.
B.
Setback. The required minimum distance from any lot line and that establishes the building envelope within which any structure or building may be erected or placed.
1.
Setback, front: a space that extends the full width of the lot, between the front lot line and the distance designated in the City's Zoning Regulations.
2.
Setback, rear: a space that extends the full width of the lot, the rear lot line and the distance designated in the City's Zoning Regulations.
3.
Setback, side: a space that extends from the front setback line to the rear setback line, between the side lot line and to the closest building on the same lot, or to a distance designated in the City's Zoning Regulations.
C.
Shopping center. A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. Shopping centers are further defined by size and their customer base:
1.
A community shopping center features a junior department store and contains approximately 150,000 square feet of gross leasable area and has a site area of ten to 25 acres. Its clientele draw is approximately a ten-minute drive from the center.
2.
A neighborhood shopping center generally offers goods necessary to meet daily needs, occupies up to ten acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five-minute driving radius from the center.
D.
Short-term rental. A dwelling unit used as temporary lodging for a charge or fee for a rental period of less than 30 continuous days. Short-term rentals are classified as either Type I or Type II.
1.
"Type I short-term rental" A short-term rental at a dwelling that is the owner or designated lessee's principal residence and where rooms are rented, and where the room(s) to be rented are located within the same structure envelope, see PAMC 17.08.095, Structure envelope, as the primary residential use, the owner or designated lessee is personally present in the dwelling during the rental period, and the dwelling is not a congregate housing as defined by the International Code Council (ICC). A room or rooms in detached or satellite accessory structure, even if on the same lot as the primary residence, does not qualify as a Type I short-term rental.
2.
"Type II short-term rental" A short-term rental at a dwelling unit that is not the owner's or designated lessee's principal residence.
E.
Short-term rental platform or platform. A person established primarily for the purpose of providing a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform.
F.
Short-term lodging. See "Short-term rental or bed and breakfast."
G.
Sign. Any letters, figures, design symbol, trademark, or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof.
H.
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.
I.
Sign, area. The area of a sign shall be the sum of each display surface including both sides of a double-faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display.
J.
Significant tree. A tree at least six inches in diameter at a point five feet above the ground.
K.
Single-household dwelling. See "Dwelling, single-household."
L.
Site coverage. The amount of impervious surface on a parcel, including structures, paved driveways, sidewalks, patios, and other impervious surfaces.
M.
Small lot single-household dwelling. See "Dwelling, small lot single-household."
N.
Smart growth. A mix of land uses that include the following:
1.
Take advantage of compact building design;
2.
Create a range of housing opportunities and choices;
3.
Create walkable neighborhoods;
4.
Foster distinctive, attractive communities with a strong sense of place;
5.
Preserve open space, natural beauty and critical environmental areas;
6.
Strengthen and direct development towards existing communities;
7.
Provide a variety of transportation choices;
8.
Make development decisions predictable, fair and cost effective;
9.
Encourage community and stakeholder collaboration in development decisions.
O.
Story. The space between the floor and the ceiling above said floor. Outside the CBD zone, a basement shall be considered a story when more than half of the basement height is above the finished lot grade. A half-story shall be considered when the space between a floor and ceilings above said floor has at least one interior side wall that is five feet or less in height.
P.
Street. A vehicular way that affords a primary means of access to abutting property.
Q.
Streetscape. The space between buildings on either side of a street. The elements that contribute to the quality and character of streetscape are building façades and awnings, sidewalks, paving materials, signs, lighting, trees and landscaping, and street furniture and fixtures.
R.
Street right-of-way line. The boundary line between a street and abutting property. This may or may not match a property's front lot line.
S.
Structure. Anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground and is over 30 inches in height above the ground level, but not including, fences or walls used as fences six feet or less in height.
T.
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.
U.
Subordinate. Less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use.
(V)
Structure envelope. The physical barrier that separates the inside of a building from the outside and includes the building's exterior walls, roof, foundation, doors, and windows.
(Ord. 3748 § 1, 5/5/2025; Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 22, 12/21/2021)
Editor's note— Section 22 of Ord. 3688 repealed and replaced § 17.08.095 in its entirety. See Code Comparative Table for full derivative history.
A.
Telecommunications facilities or wireless telecommunications facilities. Any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure.
B.
Through lot. See "Lot, types."
C.
Tower or wireless telecommunications tower. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.
D.
Townhouse. See "Dwelling, townhouse."
E.
Townsite block. A block of 450 or 500 feet by 300 feet dimension or a minimum of 3.1 acres as created by the original platting of the townsite of Port Angeles.
F.
Trail. A pedestrian facility which is designated for travel and recreation purposes and which may include sidewalks, portions of roadways, natural surfaced walkways, and structures such as bridges.
G.
Trailer, house (automobile trailer, recreational vehicle, or vacation trailer). A vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, a motor vehicle designed to be used for human habitation.
H.
Trailer park, trailer court, mobile home park, recreational vehicle park. Any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports.
I.
Transit center. Any centralized structure, station, or transit facility that is primarily used, as part of a transit system, for the purpose of loading, unloading, or transferring passengers from one mode of transportation to another. This use does not include singular street-side bus stops.
J.
Transitional housing. Defined by RCW 84.36.043.
K.
Trellis. A lattice work structure designed to support plant growth. Trellises that demarcate an entryway to a yard, are detached from any other structure, other than a permitted fence, on the site, have a minimum sidewalk span of four feet, depth of two feet and a height of eight feet, is exempt from the requirement for a building permit and is not considered a structure.
(Ord. 3734, § 2, 9/17/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 23, 12/21/2021)
Editor's note— Section 23 of Ord. 3688 repealed and replaced § 17.08.100 in its entirety. See Code Comparative Table for full derivative history.
A.
Unclassified use permit. A limited permission to locate a particular unusual, large-scale, unique or conditional use at a particular location, where limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the comprehensive plan, and shall not be contrary to the public interest. An unclassified use permit is processed in the same manner as a conditional use permit.
B.
Unclassified use. A use which is not listed as permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone.
C.
Use. The purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations.
D.
Utility building or structure. An installation to provide utility service, including wireless communication facilities to which the structure height is equal or less than the maximum building height of the zone in which it will be located.
(Ord. 3577 § 1, 3/21/2017; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Variance. Permission for an adjustment or relaxation to the literal requirements of the City's Zoning Regulations for a particular property or structure and/or building on a particular property.
B.
Vegetated roofs (also known as ecoroofs and green roofs) consist of thin layers of engineered soil and vegetation constructed on top of conventional flat or sloped roofs.
C.
Vehicle rental. The sales or rental of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles and mopeds.
D.
Vertical building modulation. A stepping back or projecting forward vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure's continuous exterior walls.
(Ord. 3688 § 24, 12/21/2021)
Editor's note— Section 24 of Ord. 3688 repealed and replaced § 17.08.110 in its entirety. See Code Comparative Table for full derivative history.
A.
Weather protection. A permanent horizontal structure above pedestrian areas such as sidewalks and building entries that protects pedestrians from inclement weather.
B.
Wireless communication facilities (WCFs). An unstaffed facility for the transmission and/or reception of wireless telecommunications services, including support structures, antennas, accessory equipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal wireless communication services. WCFs include, but are not limited to, antennas, plies, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment.
C.
Work/live studio. An arrangement of space that combines a living area and working area where the living area is subordinate and accessory in size and use to the work space.
(Ord. 3688 § 25, 12/21/2021)
Editor's note— Section 25 of Ord. 3688 repealed and replaced § 17.08.115 in its entirety. See Code Comparative Table for full derivative history.
A.
Yard. An open space on a lot that lies between the principal building or buildings and the nearest lot line, except as otherwise permitted.
(Ord. 3577 § 1, 3/21/2017; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
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.
B.
Zoning lot. See "Lot, zoning."
C.
Zoning lot covenant. An agreement, on a form provided by the Department of Community and Economic Development, which is recorded at the County Auditor's Office by a property owner of two or more adjacent lots and which designates said lots as a single, lot of record.
(Ord. 3710 § 1, 3/21/2023; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2863 § 2, 4/14/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
This is a mixed density residential zone intended to provide a diverse mix of infill housing and urban residential neighborhoods that historically consisted of a mix of single-household dwellings, and includes infill housing types on historic townsite-size lots. Uses which are compatible with and functionally related to a a diverse mix of lower and mixed density environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's original townsite neighborhoods, following a standard rectangular street grid system of 60-foot rights-of-way for local access streets and 300-foot by 450 or 500-foot blocks with 50-foot by 140-foot original lots and usually located in areas that are largely developed and closer to the center of the City or commercial corridors.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3548 § 3, 1/5/2016; Ord. 3123 § 3, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part) 12/22/1970)
A.
Adult family home.
B.
Single-household dwellings.
C.
All residential uses meeting lot dimensional standards and complying with applicable structure design standards in Chapters 17.21 and 17.22 PAMC.
D.
Exempted home occupations defined in section 17.17.030 PAMC.
E.
Child care provider.
F.
Group living.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Conditional uses must comply with the development standards in subsection 17.94.065.
A.
Art galleries and museums.
B.
Assisted living facility.
C.
Reserved.
D.
Child care facility.
E.
Communications transmission buildings and structures; e.g., radio tower.
F.
Community centers.
G.
Home occupations.
H.
Libraries.
I.
Nursing and convalescent homes.
J.
Public housing authority offices and maintenance structures located on public housing authority housing sites.
K.
Public parks and recreation facilities.
L.
Public utility structures.
M.
Radio and television stations, provided that antenna is on-site.
N.
Residential care facilities.
O.
Other uses compatible with the intent of this chapter.
(Ord. 3728 § 7(Exh. C), 3/5/2024; Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 3, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3013, 3/26/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2636 § 2, 5/15/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
The following area and dimensional requirements apply to all development in the R7 zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021; Ord. 3654 § 1, 12/17/2019; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 2, 12/20/2016; Ord. 3548 § 3, 1/5/2016; Ord. 3390 § 2, 1/30/2010; Ord. 3343 § 2, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 26, 12/21/2021; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions.
(Ord. 3688 § 26, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
See the following Code sections for applicable design standards:
1.
Detached small lot single-household dwellings: PAMC 17.21.010.
2.
Accessory dwelling units: PAMC 17.21.020.
3.
Cottage housing: PAMC 17.21.030.
4.
Duplexes: PAMC 17.21.040.
5.
Multi-family: Chapter 17.22 PAMC.
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021)
This is a low density residential zone intended to create and preserve urban residential neighborhoods consisting of predominantly single-household homes on larger than historic townsite-size lots. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for variety in the urban land use pattern for the City's lower density residential neighborhoods with minimum 50-foot front lot lines and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located on the perimeter of the developed town center and originally platted neighborhoods.
(Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 4, 1/5/2016; Ord. 3123 § 4, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
Adult family home.
B.
Single-household dwellings.
C.
Exempted home occupations defined in section 17.17.030 PAMC.
D.
Child care provider.
E.
Group living.
F.
Duplexes.
G.
Cottage housing.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 3, 9/27/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1945 § 1, 10/22/1977; Ord. 1709 § 1 (part), 12/22/1970)
A.
Accessory dwelling units. See section 17.21.020 PAMC.
B.
All other non-commercial or non-industrial uses subordinate to the residential use of the lot.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3548 § 4, 1/5/2016; Ord. 3517 § 3, 10/21/2014; Ord. 3053 § 2 6/16/2000; Ord. 2921 § 4, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Conditional uses must comply with the development standards in 17.94.065 PAMC.
A.
Art galleries and museums.
B.
Assisted living facility.
C.
Reserved.
D.
Communications transmission buildings and structures; e.g., radio tower.
E.
Community centers.
F.
Child care facility.
G.
Nursing and convalescent homes.
H.
Public parks and recreation facilities.
I.
Public utility structures.
J.
Radio and television stations, provided that antenna is on-site.
K.
Other uses compatible with the intent of this chapter.
(Ord. 3728 § 8(Exh. C), 3/5/2024; Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 4, 1/5/2016; Ord. 3517 § 3, 10/21/2014; Ord. 3478 § 8, 5/21/2013; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 5, 9/27/1991; Ord. 2636 § 3, 5/15/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
The following area and dimensional requirements apply to all development in the R9 zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 27, 12/21/2021; Ord. 3654 § 2, 12/17/2019; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 3, 12/20/2016; Ord. 3548 § 4, 1/5/2016; Ord. 3390 § 3, 1/30/2010; Ord. 3343 § 3, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 27, 12/21/2021; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065 PAMC); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions.
(Ord. 3688 § 27, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
This is a low density residential zone intended to create and preserve single-household residential neighborhoods consisting of predominantly larger than standard sized townsite-sized lots, while maintaining densities at or more than four primary dwelling units per acre. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for variety in the urban land use pattern for the City's lower density residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas.
(Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3548 § 5, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004)
Conditional uses. Conditional uses must comply with the minimum standards in PAMC 17.94.065.
A.
Art galleries and museums.
B.
Assisted living facility.
C.
Reserved.
D.
Communications transmission buildings and structures; e.g., radio tower.
E.
Community centers.
F.
Child care facilities and pre-schools.
G.
Duplexes.
H.
Hospices.
I.
Nursing and convalescent homes.
J.
Public parks and recreation facilities.
K.
Public utility structures.
L.
Radio and television stations, provided that antenna is on-site.
M.
Residential care facilities.
N.
Other uses compatible with the intent of this chapter.
(Ord. 3728 § 9(Exh. C), 3/5/2024; Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 5, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004)
A.
The following area and dimensional requirements apply to all development in the R11 zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 4, 12/20/2016; Ord. 3548 § 5, 1/5/2016; Ord. 3390 § 4, 1/30/2010; Ord. 3343 § 4, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 28, 12/21/2021; Ord. 3180 § 1 (part), 12/17/2004)
One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions.
(Ord. 3688 § 28, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3180 § 1 (part), 12/17/2004)
This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single-household, mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3,500 square foot lots.
(Ord. 3710 § 1, 3/21/2023; Ord. 3123 § 5, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
Manufactured homes on individual lots that meet the development standards minimum lot area and dimension requirements of the R7 Zone.
B.
Mobile homes.
C.
Cottage housing.
D.
Park models.
(Ord. 3710 § 1, 3/21/2023; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 7, 2/11/1994; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970)
A.
Garages and carports.
B.
Greenhouses, gazebos, storage sheds, and similar accessory structures.
C.
Swimming pools and cabanas.
D.
Private television satellite reception dishes.
E.
Community recreation rooms and laundry rooms.
F.
Playground equipment.
G.
Manager's office.
H.
Propane fuel storage tanks.
I.
Shower and laundry rooms.
J.
Lavatories.
K.
Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter.
(Ord. 2921 § 5, 6/28/1996; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970)
A.
Location: Trailer parks may be located upon approval of the Hearing Examiner in any zone in which middle and multi-family housing is permitted. Each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said 200 feet, consent in writing to the establishment of the park.
B.
Driveways, walkways:
1.
All mobile home spaces shall abut upon a private roadway, which is not less than 25 feet in width and which shall have unobstructed access to a public street or highway.
2.
Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings.
3.
All driveways and walkways within the park shall be lighted at night with electric lamps of not less than 50 watts each, spaced at intervals of not more than 100 feet.
C.
Screening: Excepting the entrance-driveway, a screening of evergreen trees or shrubs shall be maintained at a planting height of five feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park.
D.
Signs: Signs not to exceed 12 square feet shall be permitted. No lighted signs of any kind shall be permitted. One sign per trailer park.
E.
Sanitation facilities: Each trailer park shall be provided with toilets, baths, or showers, slop sinks and other sanitation facilities which shall conform to all City and state health rules and codes.
F.
Water supply: An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing, cleansing, and laundry facilities.
G.
Laundry facilities: Laundry facilities shall be provided with one single laundry tray and one automatic or semi-automatic type washing machine for each ten mobile home spaces or any less number thereof.
H.
Service buildings:
1.
Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable ordinances and statutes regulating building, electrical installations, and plumbing systems.
2.
Service buildings housing sanitation facilities shall be located not closer than 20 feet nor farther than 200 feet from any mobile home space.
I.
Sewage and refuse disposal: Waste from showers, bath tubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings and from each trailer within the park shall be discharged into a public sewer system in compliance with applicable ordinances.
J.
Garbage receptacles: Regulation garbage receptacles with tight-fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage receptacles may be located in groups not farther than 100 feet from any mobile home space. The receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that individual garbage receptacles shall not overflow.
K.
Fire protection: Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property.
(Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.040 in its entirety to read as herein set out. Former § 17.13.040 was entitled "Conditional uses," and derived from: Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
Density shall not exceed one trailer for every 3,500 square feet (12.44 units/acre) of total land area. Said total land area ratio to include driveways, toilet and laundry buildings, playground-recreation open spaces, individual trailer sites, and caretaker's quarters.
B.
A minimum of ten percent of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a recreation open space.
C.
In the interests of fire prevention, there shall be a minimum space of 14 feet between trailers, including cabanas.
(Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.060 in its entirety to read as herein set out. Former § 17.13.060 was entitled "Off-street parking required," and derived from: Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted by the Department of Community and Economic Development (DCED) after all conditions of preliminary approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the Hearing Examiner.
(Ord. 3742 § 3(Att. C), 12/17/2024; Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.070 in its entirety to read as herein set out. Former § 17.13.070 was entitled "Signs permitted," and derived from: Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
The application for a RTP shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type; 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, if applicable.
C.
A survey of the property showing existing features, including contours at five-foot intervals, existing buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses.
D.
Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of proposed buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site coverage expressed in square feet and percentage of;
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Non-residential structures.
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas;
d.
Any areas paved with permeable paving systems.
3.
Total area in lots;
4.
Open space area:
a.
Common usable open space (must be 15 percent of site);
b.
Total area dedicated to open space (must be 30 percent of site).
5.
Number and location of off-street parking spaces;
6.
Number of residential units proposed;
7.
Total number of lots being created;
8.
Density of site expressed as residential units per acre.
F.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
G.
A preliminary utilities plan, including fire hydrant locations.
H.
A preliminary storm drainage plan with calculation of impervious areas.
I.
A 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 off-street parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 3(Att. C), 12/17/2024; Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.090 in its entirety to read as herein set out. Former § 17.13.090 was entitled "Trailer parks," and derived from: Ord. 3548 § 6, adopted Jan. 5, 2016; Ord. 2932 § 34, adopted Oct. 11, 1996; Ord. 2861 § 1 (part), adopted March 17, 1995; Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions, shall be in written form based upon compliance with PAMC 17.13.050 and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
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.
(Ord. 3742 § 3(Att. C), 12/17/2024; Ord. 3710 § 1, 3/21/2023)
Application for final approval of a RTP that involves subdivision of the underlying property shall be submitted within five years of preliminary RTP approval. An application for final review of a RTP that does not involve a subdivision of the underlying property shall be submitted within two years of the preliminary development plan approval; provided, that for phased RTP's, each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Hearing Examiner, and the Hearing Examiner may approve, one or more one-year extensions as the Hearing Examiner may deem appropriate. The site must be under one ownership prior to final approval by the Hearing Examiner, 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 RTP is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, recreation facilities and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
F.
Development schedule.
G.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
H.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3710 § 1, 3/21/2023)
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the RTP and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final RTP.
(Ord. 3710 § 1, 3/21/2023)
This is a medium density residential zone that allows a mix of multi-unit dwelling types at a density greater than single-household neighborhoods but less than the higher densities of the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for variety in the urban land use pattern for the City's lower density multi-family residential neighborhoods with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial/industrial uses.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 6, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
A.
All residential uses meeting lot dimensional standards and complying with applicable structure design standards in Chapters 17.21 and 17.22 PAMC.
B.
Adult family homes.
C.
Reserved.
D.
Child care facility.
E.
Child care provider.
F.
Reserved.
G.
Group living.
H.
Single-household dwellings existing as of December 21, 2021.
(Ord. 3728 § 10(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 6, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
A.
Accessory dwelling units. See section 17.21.020 PAMC
B.
All other non-commercial or non-industrial uses subordinate to the residential use of the lot.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
Conditional uses must comply with the minimum standards in PAMC 17.94.065.
A.
Art galleries, museums and aquariums.
B.
Assisted living facility.
C.
Community centers
D.
Hospices.
E.
Home occupations.
F.
Libraries.
G.
Nursing and convalescent homes.
H.
Public parks and recreation facilities.
I.
Residential care facilities.
J.
Utility buildings and structures.
K.
Other uses compatible with the intent of this chapter.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 2956 § 2, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
A.
The following area and dimensional requirements apply to all development in the RMD zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 5, 12/20/2016; Ord. 3548 § 7, 1/5/2016; Ord. 3343 § 5, 1/1/2009; Ord. 3253, 7/14/2006; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2715 § 7 (part), 10/16/1992)
A.
Permitted uses. Signs not larger than ten square feet, lighted, but not flashing or intermittent. One per building.
B.
Conditional uses. Size and type as specified in PAMC sections 17.94.065 and 17.14.080, design standards.
C.
See the following Code sections for applicable design standards:
1.
Accessory dwelling units: PAMC 17.21.020.
2.
Cottage housing: PAMC 17.21.030.
3.
Duplexes: PAMC 17.21.040.
4.
Townhomes: PAMC 17.21.050.
5.
Multi-family and commercial design standards: Chapter 17.22 PAMC.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 2715 § 7 (part), 10/16/1992)
Editor's note— Ord. 3688 § 29, adopted Dec. 21, 2021, deleted § 17.14.080 entitled "Design and landscaping for apartments," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 5, adopted Dec. 20, 2016; Ord. 3548 § 7, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; and Ord. 2715 § 7 (part), adopted Oct. 16, 1992.
This is a high density residential zone for multi-family dwelling structures. Some nonresidential uses are allowed in this zone and then only conditionally, because of potential land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi-family residential neighborhoods and are usually located in areas that are largely developed and closer to the center of the City, and in close proximity to primary transportation routes.
(Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 8, 1/5/2016; Ord. 3123 § 7, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 3, 10/17/1992; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2652 § 5 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991)
A.
All residential uses meeting lot dimensional standards and complying with applicable structure design standards in Chapters 17.21 and 17.22 PAMC.
B.
Adult family homes.
C.
Reserved.
D.
Child care provider.
E.
Child care facility.
F.
Reserved.
G.
Group living.
H.
Single-household dwellings existing as of December 21, 2021.
(Ord. 3728 § 11(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord., 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
Exempted home occupations.
B.
Accessory dwelling units. See section 17.21.020 PAMC.
C.
All other non-commercial or non-industrial uses subordinate to the residential use of the lot.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2921 § 7, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995)
Conditional uses must comply with the minimum standards in PAMC 17.94.065.
A.
Art galleries, museums and aquariums.
B.
Assisted living facilities.
C.
Community center.
D.
Funeral homes and mortuaries.
E.
Hospices.
F.
Home occupations.
G.
Libraries.
H.
Nursing and convalescent homes.
I.
Public parks and recreation facilities.
J.
Residential care facilities.
K.
Utility buildings and structures.
L.
Other uses compatible with the intent of this chapter.
(Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 8, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3155 § 7, 1/30/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2956 § 3, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 6, 2/11/1994; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2535 § 1, 5/24/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
The following area, dimensional and density requirements apply to all development in the RHD zone:
B.
Exceptions to maximum lot and site coverage:
1.
An additional ten percent coverage that enables development to achieve the allowed maximum density of the RHD Zone per 17.15.050.A.; or
2.
An additional ten percent coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition:
3.
In locations where stormwater runoff from structures, driveways, sidewalks, patios and other surfaces is designed to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3710 § 1, 3/21/2023)
A.
Permitted uses: Signs not larger than ten square feet, lighted, but not flashing or intermittent. One per building.
B.
Conditional uses: Size and type as determined by Hearing Examiner.
(Ord. 3710 § 1, 3/21/2023)
The purpose of this chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential zone is incidental and subordinate to the primary residential use and is compatible with the residential character of the neighborhood. This chapter provides for home occupations within residential zones to be permitted through an administrative conditional use permit process.
(Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 9, 1/5/2016; Ord. 3123 § 8 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 2, 10/18/1980)
Should any of the provisions or definitions of any other chapter of Title 17 conflict with or overlap any of the provisions or definitions of this chapter, whichever imposes the more stringent regulations shall prevail.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 3, 10/18/1980)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, repealed § 17.17.012 entitled, "Definitions,"which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 3123 § 8 (part), adopted Oct. 11, 2002; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2265 § 2, adopted Sept. 19, 1983; and Ord. 2103 § 4, adopted Oct. 18, 1980.
An administrative conditional use permit in accordance with the provisions of this chapter is required for all home occupations occurring in residential use districts except those exempted pursuant to PAMC 17.17.030. A home occupation use is an administrative conditional use permit as defined in PAMC 17.08.020(I).
(Ord. 3577 § 1, 3/21/2017; Ord. 3123 § 8 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 5, 10/18/1980)
The following home occupations shall be exempted when all the development standards in section 17.17.040 and specific conditions applicable to each use are met:
A.
Authors, composers, writers.
B.
Building contractors, home builders, building tradesmen, landscaping services, janitorial services, commercial loggers, divers, truck drivers, provided:
1.
No more than one commercial vehicle, no matter how many different home occupations are occurring at one site, is parked on the premises or the adjacent street at one time;
2.
No outside storage of materials or equipment, except hand-carried tools, on the premises;
3.
Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business.
C.
Family day-care homes that provide day-care during part of the 24-hour day to 12 or fewer children incidental to a primary residential use.
D.
Retail and wholesale salespersons, business representatives, provided:
1.
No customers visit the premises;
2.
No products, except samples, are stored on the premises;
3.
Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business.
(Ord. 3137 § 1, 2/24/2003; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 16, 9/27/1991; Ord. 2103 § 6, 10/18/1980)
All home occupations shall comply with the following development standards:
A.
There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles and as listed in PAMC 17.17.030.B.3), and no other 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 Director of Community and Economic Development shall determine the number of visitations per day that is compatible with the area.
C.
If customers or clients visit the home, the hours of operation shall be from 9:00 a.m. to 5:00 p.m., unless otherwise specified by the Director of Community and Economic Development.
D.
If the operation is the type in which classes are held or instruction given, the Director of Community and Economic Development shall determine the number of students per day that is compatible with the site and surrounding area.
E.
Employees working on the premises shall be limited to members of the family residing in the dwelling unit, unless otherwise specified by the Director of Community and Economic Development; provided that the number of non-family employees shall not exceed one.
F.
On-premises retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted.
G.
Home occupations shall be conducted in whole or in part in the dwelling unit but not entirely in an accessory building unless otherwise specified by the Director of Community and Economic Development; provided, that the dwelling unit and accessory building in which the home occupation is conducted shall occur on the same parcel.
H.
The number of off-street parking spaces shall be determined by the Director of Community and Economic Development. Any improvements to the parking area shall be determined by the City Engineer in accordance with Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date of approval.
(Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2265 § 3, 9/19/1983; Ord. 2103 § 7, 10/18/1980)
The application for a home occupation use shall be submitted on a form obtained from the Department of Community and Economic Development and shall be acknowledged by the owner of the property, if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Mailing labels shall be provided by the applicant.
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 8, 10/18/1980)
Upon receipt of an application satisfying the requirements of section 17.17.050, the Department of Community and Economic Development shall route the same to all appropriate departments. Each such department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. The Department of Community and Economic Development shall prepare a report to the Director of Community and Economic Development summarizing the factors involved, the recommendations of other departments, and the Department of Community and Economic Development recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 9, 10/18/1980)
The Director's decision shall be in written form with findings based upon compliance with sections 17.17.010, 17.17.040 and the following criteria:
A.
That the home occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas.
B.
That the home occupation does not significantly increase local vehicular or pedestrian traffic.
C.
That the home occupation shall not be injurious or detrimental to adjoining or abutting properties.
D.
That the home occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest.
E.
The Director of Community and Economic Development decision shall include a condition that home occupations be forwarded to the Public Works and Utilities Department for the determination of utility charges.
(Ord. 3272, 2/16/2007; Ord. 2911 § 3, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 11, 10/18/1980)
Persons with demonstrated physical handicaps may be permitted special review by the Director of Community and Economic Development. Such applicant may request waiver of development standard sections 17.17.040.E and/or F. No waiver of the criteria of section 17.17.080 will be considered.
(Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 12, 10/18/1980)
In addition to the criteria of section 17.17.080, the Director of Community and Economic Development shall base his decision on a special review upon the following criteria:
A.
The waiver of any development standard shall not change the basic residential character of the dwelling unit nor detract in any way from the residential character of the neighborhood.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 13, 10/18/1980)
A.
Once a home occupation use has been approved, it shall not be transferred to another person or to a location other than as stated on the permit.
B.
The initial time limit on approved home occupation uses shall not exceed one year, after which time extensions may be granted as provided in this chapter.
(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 16, 10/18/1980)
A.
Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council.
B.
Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision.
C.
The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.
(Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000)
A.
Extensions of approved home occupation uses shall be considered in accordance with the same procedures as for the original permit application and may be granted for specified or unspecified time periods provided that the following minimum criteria are met:
1.
The use complies with the permit conditions; and
2.
There have been no significant, adverse changes in circumstances.
B.
Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the home occupation use, said use shall be automatically extended for 90 days to allow the City to review and process the extension request.
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000)
Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050.
(Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 18, 10/18/1980)
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 $500.00. Each day that a violation continues shall constitute a separate offense.
B.
In addition to the criminal penalty of subsection A. hereof, any person operating under an exemption authorized by any portion of this chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to apply for a home occupation use pursuant to the provisions of section 17.17.050. Failure to apply for and obtain an administrative conditional use permit for a home occupation use pursuant to section 17.17.050 shall subject the person to the penalty specified in subsection 17.17.310.A.
(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 19, 10/18/1980)
A.
Home occupations, other than those specifically exempted under PAMC 17.17.030, established prior to the effective date of this chapter and not having a home occupation use in accordance with the provisions of this chapter shall, within 90 days after the effective date of this chapter, initiate an administrative conditional use permit application. After the 90-day period, the home occupation shall be considered to be in violation of this chapter.
B.
Time extensions of administrative conditional use permits for home occupation uses lawfully established prior to the effective date of this chapter shall not be approved unless the home occupation complies fully with this chapter.
(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000)
This overlay zone is to provide alternative zoning regulations that permit and encourage design flexibility, conservation and protection of natural critical area amenities, and innovation in residential developments to those regulations found in the underlying zone.
It is intended that a Planned Residential Development (PRD) will result in a more fully designed residential development than traditional subdivision development. The resulting development shall be done in a manner consonant with the public health, safety, and welfare illustrated in the specifically approved site design that provides all of the components of a fully developed residential neighborhood, such as open space, circulation, pre-determined building types and locations, natural feature protection, and utility services. A PRD application may combine a number of land use decisions such as critical areas protection, 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 zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses.
This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a pre-determined variety of housing choices and without following a standard system of public streets and lot design, with allowances for mixed use, residential and neighborhood commercial developments that are not usually permitted in residential zones.
(Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 10, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
A.
Common usable open space: Area within a PRD that is accessible and usable to all residents of the development and that is:
1.
Land that is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads;
2.
Land that is dedicated to recreational buildings, structures or facilities;
3.
Land that is dedicated to an open space purpose of the PRD such as preservation of natural features; or
4.
Land protected by the Environmentally Sensitive Areas Protection Ordinance (PAMC Title 15), other than buffer areas, may not be included as common usable open space for recreational purposes.
To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet.
B.
Neighborhood density: The number of dwelling units per acre allowed by the underlying zone or zones.
C.
Planned Residential Development (PRD): A site-specific development that has been approved by the Hearing Examiner under the provisions of Chapter 17.19 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 450 or 500-foot by 300-foot dimension or a minimum of 3.1 acres as created by the original platting of the townsite of Port Angeles.
(Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2657 § 1 (part), 2/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
PRDs may be established, subject to final approval of a proposal for a specific parcel or parcels of land in all residential districts and may include land that is zoned PBP. A PRD shall contain a minimum of 3.1 acres with densities permitted per the underlying zone or zones per section 17.19.060.
(Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Residential building types in a PRD may vary from those permitted in the underlying zone or zones.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include neighborhood commercial and commercial recreational uses that primarily serve the PRD residents.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The approval of a PRD may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. Any modification to the requirements and standards of the underlying zone must be specifically described in the application materials and be thoroughly reviewed to be included in the final PRD approval. No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PRD, wetland buffer reduction standards of PAMC 15.24.070(3), or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC.
(Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2823 § 1, 7/15/1994; Ord. 2796 § 14, 2/11/1994; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
The following standards shall apply to all PRDs:
A.
All street and utility improvements shall be constructed to urban standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations. Interior streets shall be dedicated public streets. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual.
B.
All PRDs shall devote at least 30 percent 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. LID facilities may count towards the common usable open space not required for recreational purposes. 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 PRDs 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 for all projects that involve or contemplate the subdivision of land. Lots in a platted PRD may be sold to separate owners. No further subdivision of land within the PRD will be permitted unless a formal amendment to the PRD is approved.
E.
Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), neighborhood commercial and commercial recreational uses may be considered for conditional use permit(s) during the PRD approval process. No further conditional use permits except home occupations, will be permitted within the PRD 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 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 that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the 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 consistent with Chapters 15.20 and 15.24 PAMC;
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; and
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 PRDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3572 § 7, 12/20/2016; Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Every PRD shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004 Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2715 § 5, 10/16/1992; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
The procedure for approval of a PRD shall be composed of [as follows]:
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted after all conditions of preliminary approval have been met or bonded for by the applicant. No lots may be offered for sale prior to plat approval.
(Ord. 3742 § 4(Att. D), 12/17/2024; Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2911 § 5 (part), 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.080 entitled "Pre-application review," which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 29, 1993; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The application for a PRD shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project.
C.
A survey of the property showing existing features, including contours at five-foot intervals, existing buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, 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, that identifies significant groupings of trees and unusual or fine specimens of their species; or (b) a survey of all trees over 12 inches in trunk diameter measured at four feet above the ground; as determined by the Director of DCED, 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 that are unusual or fine specimens of their species.
4.
In general wooded areas where minor improvements are proposed, a survey of trees over 12 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 five-foot intervals, location and dimensions of proposed buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
F.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Non-residential structures.
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas;
d.
Any areas paved with permeable paving systems;
3.
Total area in lots;
4.
Open space area:
a.
Common usable open space (must be 15 percent of site);
b.
Total area dedicated to open space (must be 30 percent of site);
5.
Number and location of off-street parking spaces;
6.
Number of residential units proposed;
7.
Total number of lots being created;
8.
Density of site expressed as residential units per acre.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H.
If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.
I.
Preliminary elevation and perspective drawings of project structures.
1.
Individual building footprints;
2.
Housing type and/or style proposed for each individual lot.
J.
A preliminary utilities plan, including fire hydrant locations.
K.
A preliminary storm drainage plan with calculation of impervious areas.
L.
A 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 off-street parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 4(Att. D), 12/17/2024; Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.100 entitled "Routing and staff recommendations," which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.110 entitled "Hearing Examiner public hearing—Scheduling and notice," which derived from: Ord. 3548 § 11, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions, shall be in written form based upon compliance with section 17.19.050 and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
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.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
F.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3742 § 4(Att. D), 12/17/2024; Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2911 § 5 (part), 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3548 § 11, adopted Jan. 5, 2016, deleted § 17.19.130 entitled "City Council action—Preliminary development plans", which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 2861, adopted Mar. 17, 1995; Ord. 2657, adopted Dec. 13, 1991; and Ord. 2038, adopted July 29, 1979.
Application for final approval of a PRD that involves subdivision of the underlying property shall be submitted within five years of preliminary PRD approval. An application for final review of a PRD that does not involve a subdivision of the underlying property shall be submitted within two years of the preliminary development plan approval; provided, that for phased PRD's, each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Hearing Examiner, and the Hearing Examiner may approve, one or more one-year extensions as the Hearing Examiner may deem appropriate. The site must be under one ownership prior to final approval by the Hearing Examiner, and the application for final approval must be made by the owners of the entire site. The application shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, recreation facilities and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
F.
Development schedule.
G.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
H.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3548 § 11, 1/5/2016; Ord. 3517 § 4, 10/21/2014; Ord. 3441 § 7, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2919, 6/14/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.160 entitled "Final action," which derived from: Ord. 3548 § 11, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; Ord. 2911 § 5 (part), adopted Mar. 29, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the PRD and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PRD.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.180 entitled "Modifications after final approval," which derived from: Ord. 3548 § 11, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The purpose of this chapter is to:
A.
Establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.
B.
Promote forms of development that reinforce and/or enhance the desired character of Port Angeles business districts.
C.
Promote compatibility between developments.
D.
Minimize environmental impacts of development.
(Ord. 3688 § 32, 12/21/2021)
A.
Use categories.
1.
In order to regulate uses, categories of uses have been established. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product, or physical characteristics.
2.
Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions.
3.
Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Director has the responsibility for categorizing all uses.
B.
Principal uses. Allowed principal uses in commercial zones are listed in Table 17.20.020. Principal uses are grouped into categories of uses.
C.
Accessory uses. Accessory uses are permitted in conjunction with a permitted principal use as determined by the Community and Economic Development Director to be compatible with the intent of this chapter.
D.
Temporary uses. Temporary uses are allowed as established in PAMC 17.96.050.
E.
Shoreline master program. Within 200 feet of ordinary high water, permitted or conditional uses must comply with the shoreline master program, as adopted and amended by the City.
F.
Key to the use table.
1.
Permitted use (P). Where the letter "P" appears in the use tables, the subject use is permitted. Permitted uses are those that do not require discretionary land use approval permits, but may require building permits, shoreline permits, or other permits required by Title 14 PAMC.
2.
Conditional use (C). Where the letter "C" appears in the use tables, the subject use is allowed subject to the conditional use review procedures specified in PAMC 17.94.065.
3.
Use not permitted ( ). Where no symbol appears in the use tables, the subject use is prohibited in that zone.
4.
Special use limitations (X). For uses containing a subscript (X) , refer to the Code reference in the right column next to the subscript (X). All applicable requirements govern a use whether or not they are cross-referenced.
5.
Unclassified uses. Where a proposed use is not classified in the use tables and sections below, the Community and Economic Development Director must apply the use provisions of a use most similar in scale and associated level of impacts. Where the Director finds that there is no such similar use, the Director must make a determination in writing on whether the use should be permitted, conditionally permitted, or prohibited, based on the following considerations:
a.
The purpose of the applicable zone.
b.
The character of uses that are designated in Table 17.20.020 as permitted, conditional and prohibited within the applicable zone.
c.
The scale and type of the use and buildings compared to other permitted uses in the zone.
d.
The amount, type, and pattern of vehicular traffic anticipated for the use.
e.
The expected outdoor uses and activities associated with the use.
f.
The expected noises, odors, emissions, and unique visual impacts associated with the use.
(Ord. 3728 § 12(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 32, 12/21/2021)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the purpose of this chapter may be established.
(Ord. 3710 § 1, 3/21/2023)
A.
Animal care.
1.
No burning of refuse or dead animals is allowed.
2.
Only house pets (as defined by Chapter 17.08 PAMC) are allowed on the premises. Also see the animal keeping provisions of Title 7 PAMC.
3.
The portion of the building or structure in which animals are kept or treated must be mechanically ventilated and soundproofed.
4.
Prior to issuance of a building permit, documentation must be provided by a qualified acoustical consultant, for approval by the Director, verifying that the expected noise to be emanating from the use complies with the standards set forth in WAC 173-60-040 for a Class B source property and a Class A receiving property.
5.
Outdoor area standards.
a.
All outdoor exercise areas and runs must be fenced for the safe confinement of animals.
b.
A minimum of 15 feet wide Type A landscaping must be established along any outside areas used to exercise or walk animals that abuts a ground floor residential use.
c.
No animal may be outdoors between the hours of 11:00 p.m. and 6:00 a.m. except for relieving bodily functions.
(Ord. 3688 § 32, 12/21/2021)
(Ord. 3688 § 32, 12/21/2021)
See Chapter 17.94 PAMC for the following provisions:
A.
Minimum lot area reduction and exceptions.
B.
Exception to minimum side yard setback.
C.
Permitted intrusions into required yards.
D.
Lot coverage exemptions.
E.
Exceptions to height requirement.
F.
Other deviations, exceptions, variances, and adjustments.
(Ord. 3688 § 32, 12/21/2021)
A.
Signs. Signs must comply with Chapter 14.36 PAMC.
B.
Off-street parking. See Chapter 14.40 PAMC.
C.
Design standards. Commercial and multi-family development must comply with Chapter 17.22 PAMC.
D.
Landscaping. See PAMC 17.22, Article V, Landscaping Standards.
(Ord. 3688 § 32, 12/21/2021)
A.
Purpose. To offer flexibility to allowable height in strategic zones in exchange for affordable forms of housing or a greater diversity of unit sizes.
B.
Applicability.
1.
The provisions of this section are optional.
2.
The bonus incentive provisions of this chapter apply to zones with height bonuses established in PAMC 17.20.040.
C.
Bonus options. Developments meeting one of the following incentives standards qualify for the maximum height with bonus as set forth in Table 17.20.040.
1.
Participation in the 12-year affordable option of the Property Tax Exemptions for Multi-Family Housing program (Chapter 17.46 PAMC).
2.
At least 25 percent of the total dwelling units contain 600 square feet or less of gross floor area.
3.
At least ten percent of the total dwelling units contain three or more bedrooms.
D.
Recording. Prior to building permit issuance, a building height bonus agreement in a form approved by the Director and City Attorney must be recorded with the Clallam County Auditor's office as a covenant running with the land and binding on the applicant, property owner, assigns, heirs, and successors.
(Ord. 3688 § 32, 12/21/2021)
A.
Applicability. The standards herein apply to all single household dwellings on a lots less than 5,000 square feet in area created after December 21, 2021.
B.
Purpose.
1.
To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods.
2.
To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
To support more efficient use of urban residential land.
4.
To provide usable open space for residents.
5.
To de-emphasize garages and driveways as major visual elements along the street.
6.
To promote architectural variety that adds visual interest to the street and neighborhood.
C.
Driveway access and garage standards.
1.
All garages and on-site parking must be accessible from the alley with exception of alley/street subdivisions resulting in lots less than 5,000 sf (see PAMC 14.40.045 for parking reduction tools).
2.
For individual garage or carport units facing an alley, driveways must be designed to prevent parked cars from protruding into alleys. Such driveways must be either less than five feet long or longer than 20 feet, measured along the centerline of the driveway.
D.
Entry standards.
1.
For new dwellings, the façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet.
2.
Clear and obvious pedestrian access between the sidewalk the building entry is required for new dwellings. Alley frontage lots require clear pedestrian access between the alley and building entry.
E.
Minimum useable open space standards.
1.
Every lot must provide a useable open space equivalent to at least ten percent of the lot area at the side or rear of the dwelling, with a minimum dimension of 15 feet on all sides of the useable open space. For example, a 3,500 square feet lot would require a contiguous open space of at least 350 square feet. Porches and patios may be used to fulfill this requirement provided they are part of an open space that meets the minimum dimension requirement.
2.
If the rear edge of the usable open space is within five feet of an alley, any fence between the rear edge and the alley must be limited to four feet in height except where the portion of the fence between four and six feet in height is at least 50 percent transparent.
3.
Driveways do not count in the calculations for usable open space.
4.
LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
5.
Additions must not create or increase any nonconformity with this standard.
F.
Tree standards. Trees must be integrated into new, small lot single-household developments at the time of occupancy at the rate one tree per lot.
1.
Trees may be either coniferous or deciduous.
2.
Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards).
3.
See PAMC 17.22, Article V Landscaping Standards, for related landscaping plans, installation, and maintenance standards.
A.
Purpose. The purpose of an accessory dwelling unit is to:
1.
Add affordable units to existing housing and make housing units available to people who might otherwise have difficulty finding homes within the City.
2.
Promote the development of additional housing options in residential neighborhoods that are appropriate for people at a variety of stages of their lives.
3.
Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security.
4.
Protect neighborhood stability, property values, and the character of the neighborhood.
B.
Standards. An ADU, in any zone, must comply with the following development standards:
1.
Impact fees. The City may not assess impact fees on the construction of ADUs that are greater than 50 percent of the impact fees that would be imposed on the principal unit.
2.
Residency of lot owner. The owner of a lot on which there is an ADU is not required to reside in or occupy the ADU or another housing unit on the same lot.
3.
Density. At least two ADUs are permitted on all lots that are located in all zoning districts within the City that allow for single-household dwellings in the following configurations:
(i)
One attached ADU and one detached ADU;
(ii)
Two attached ADUs; or
(iii)
Two detached ADUs, which may be comprised of either one or two detached structures.
4.
Minimum lot size. An ADU is permitted on any lot that meets the minimum lot size required for the principal dwelling unit.
5.
Maximum gross floor area. The maximum gross floor area requirement for ADUs is 1,000 square feet or 50 percent of the average gross floor area of all other dwelling units on the lot, not including a detached garage and/or a detached accessory building, whichever is larger.
6.
Conversion of existing structures. ADUs may be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage.
7.
Scale and visual subordination. The ADU must be visually subordinate to the primary unit. If the ADU is located within an existing residence, there can only be one main entrance located on the primary street-facing facade of the single-household residential structure, unless the residence contained additional entrances before the ADU was proposed. Detached ADU's and entrances that do not have access from the ground, such as an entrance from a balcony or deck, are exempt from this standard.
8.
Addressing. A separate address must be created for the ADU.
9.
Conveyance of condominium unit. The sale or other conveyance of a condominium unit independently of a principal unit is not prohibited based solely on the grounds that the condominium unit was originally built as an ADU.
10.
Public street improvements. Public street improvements will not be required as a condition of permitting ADUs.
12.
Environmental exemptions. The provisions of this section do not apply to lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to a watershed serving a reservoir for potable water if that watershed is or was listed, as of the effective date of this section, as impaired or threatened under section 303(d) of the federal Clean Water Act (33 U.S.C. § 1313(d)).
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 33, 12/21/2021)
A park model meeting the requirements of WAC 296-150P may be placed on a lot in place of a detached ADU in all zones where ADUs are an allowed accessory use when the following development standards are met:
1.
Configuration. A park model may be used as an accessory use in conjunction with a primary structure housing a primary single-household dwelling or duplex.
2.
Density. The park model must be located on the same zoning lot as the primary structure. A park model which conforms to the standards in this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be considered a residential use which is consistent with the comprehensive plan and zoning designation for the lot.
3.
Minimum lot size. A park model must not be established on any parcel smaller than 3,500 square feet.
4.
Setbacks, height, and site coverage. Park models must comply with all dimensional standards including the site coverage, height, and setback requirements of the zone.
5.
Scale and visual subordination. The park model must be visually subordinate to the primary unit. There can only be one main entrance located on the primary street facing lot line.
6.
Parking. The off-street parking requirements set forth in Chapter 14.40 must be provided and maintained for the primary dwelling. No additional parking is required for a park model.
7.
Addressing. A separate address must be created for the park model.
8.
Utility connection. A park model must have a permitted and permanent connection to all applicable municipal utilities.
9.
Anchoring standards. A park model placed on a lot must comply with the standards of ANSI 225.1.
(Ord. 3718 § 1, 8/15/2023)
A.
Purpose. The purpose of a commercial caretaker unit is to:
1.
Promote the development of limited housing options in commercial and industrial areas that are otherwise prohibitive of residential development.
2.
Provide housing for an owner/proprietor, employee, or other on-site security or operations personnel of a commercial/industrial property where no residential dwelling units exist.
B.
Standards. A CCU must comply with the following development standards:
1.
Configuration. An CCU may be located either within, attached to, or detached from a primary structure housing a commercial or industrial use. CCUs shall only be located above the first floor or to the rear of commercial or industrial buildings.
2.
Density. Only one CCU may be created in conjunction with each commercial or industrial enterprise. A CCU which conforms to the standards in this chapter shall not be required to meet minimum residential density standards for the lot upon which it is located and shall be considered an accessory use which is consistent with the comprehensive plan and zoning designation for the lot.
3.
Maximum unit size. The CCU must be subordinate to the primary commercial or industrial use, not exceeding 1,250 square feet unless approved through an administrative conditional use permit process.
4.
Setbacks, height, and site coverage. CCUs must comply with all dimensional standards including the site coverage, height, and setback requirements of the zone.
5.
Parking. The off-street parking requirements set forth in Chapter 14.40 must be provided and maintained for the primary use of the parcel. No additional parking is required for an CCU.
6.
Addressing. A separate address must be created for the CCU.
7.
Occupancy. CCUs shall be reserved for individuals employed on site at the commercial/industrial use the CCU is subordinate to.
8.
Applicability. CCUs shall be permitted on all lots within commercial and industrial zones where an approved commercial or industrial use is operating. In all other circumstances. CCUs may be administratively approved as a conditional use permit.
(Ord. 3710 § 1, 3/21/2023)
A.
Applicability. The standards herein apply to all cottage housing developments.
B.
Purpose.
1.
Provide opportunities for creative, diverse and high-quality infill development that is compatible with existing neighborhoods.
2.
Promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
Support compatibility with existing neighborhoods by promoting high-quality design.
4.
Support more efficient use of urban residential land.
5.
Enhance the character of the residential neighborhood.
6.
Provide usable open space for residents.
7.
Support protection of environmentally sensitive area amenities:
C.
Lot size standard. Cottages are exempt from minimum lot area and lot width standards, provided they comply with design standards herein.
D.
Density standard. Due to the smaller relative size of cottage units, cottage developments meeting all design standards herein are considered to comply with the underlying zoning.
E.
Minimum and maximum number of cottages.
1.
Cottage housing developments must contain a minimum of three cottages.
2.
Three to 21 cottage structures may make up a cluster. There is no limit on the number of clusters provided all other standards are met.
3.
In the R7, RMD, and RHD zones, attached duplex cottages are allowed.
4.
Accessory dwelling units are not permitted in cottage housing developments, except as provided in subsection L. below.
F.
Setbacks and separation standards.
1.
The minimum setbacks set forth in Chapters 17.10 through 17.20 PAMC apply to the development frontage and external side and rear property lines of the entire cottage development.
2.
Individual cottages buildings must be separated from each other by at least six feet. Permitted projections into required side setbacks in the zoning chapters (Chapters 17.10 through 17.20 PAMC) apply.
3.
Cottages must be setback at least five feet from any internal walkway. Permitted projections into required front setbacks also apply.
4.
Cottages must be setback at least ten feet from any shared access drives that provide access to four or more cottages. For access lanes serving less than four cottages, at least five feet of separation is required between access lanes and cottages. Permitted projections into required front setbacks also apply for setbacks to shared access drives (see PAMC 17.94.120).
G.
Building height standards.
1.
Cottages have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12.
2.
The height of accessory structures in cottage housing developments is limited as prescribed in the underlying zone.
H.
Cottage size standards. Cottages must contain no more than 1,200 square feet gross floor area, not including attached garages.
I.
Entry and porch standards.
1.
Clear and obvious pedestrian access between the sidewalk and the building entry is required for new dwellings.
2.
Porches. Cottage façades facing the common open space or common internal walkway must feature a roofed porch at least 70 square feet in size with a minimum dimension of seven feet on any side. The required porch does not count as private open space for the size or dimension requirements of subsection (L)(1). Cottages facing a street must also provide a separate entry facing the street which is covered with minimum weather protection of three feet by three feet.
J.
Façade transparency standards. Transparent windows and/or doors are required on at least eight percent of façades featuring the primary entrance and facing streets and common open spaces. For corner lots, this standard is only applied to the building elevation containing the primary entrance.
K.
Common open space standards.
1.
Minimum size. Common open space must be at least 400 square feet per cottage.
2.
Minimum dimensions. Common open space must have no dimension less than 15 feet. Areas used to meet private open space requirements [see subsection (L) below] may not be double-counted as common open space.
3.
Elements. Common open space may include a lawn, courtyard, plaza, garden, or other shared central open space and may not include parking areas. Common open space must be useable and may not include critical areas or critical area buffers, including steep slopes. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
4.
Orientation. Common open space must have cottages abutting on at least two sides. At least 50 percent of the cottages in each cottage housing cluster must abut common open space. Cottages abutting the common open space must be oriented around and have the primary entrance face the common open space.
5.
Access. Cottages must be within 100 feet walking distance of the common open space and feature a direct pedestrian connection to the common open space.
L.
Shared community buildings standards.
1.
A shared community building may be integrated into the common open space area required in subsection (J) above but must not be included in the minimum common open space area calculations.
2.
Non-residential use. A shared community building may include uses such as, but not limited to, a multi-purpose entertainment space, recreation center, kitchen, library, storage space, workshop, or similar amenities that promote shared use and a sense of community. Commercial uses other than child care are prohibited.
3.
Residential use. A shared community building may contain one attached accessory dwelling unit (see PAMC 17.21.020).
4.
Height. Shared community buildings have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12.
5.
Size. Shared community buildings have a maximum ground floor footprint of 1,200 square feet.
6.
Other standards. Except for the height and size exceptions identified in subsections (L.4 and L.5) above, shared community buildings are subject to the accessory structure standards in the zoning Chapters (17.10 through 17.20).
M.
Private open space standards.
1.
Minimum size. The minimum private open space adjacent to each cottage must be at least 200 square feet with no dimension less than ten feet.
2.
Access. The private open space must have direct access from the cottage via a door or porch.
3.
Location. The private open space is encouraged to be located between the cottage and the common open space.
4.
Private open space must be useable and may not include critical areas or critical area buffers, including steep slopes.
N.
Access and parking standards.
1.
Driveway and access requirements are in PAMC 17.22.240.
2.
Off-street parking standards are set forth in Chapter 14.40 PAMC.
3.
Parking areas must be located to the side or rear of cottage clusters. Parking must not be located between the street and cottages nor between cottages and common open space.
4.
Parking and access lanes must be screened from adjacent residential uses by landscaping or architectural screens. For parking areas and access abutting residential uses, at least five feet of Type A, B, or C landscaping (see Chapter 17.22 PAMC, Article V, Landscaping Standards) must be provided between the parking area and the abutting residential use.
5.
Parking is encouraged to be consolidated under cover. Uncovered parking must be located in clusters of not more than five adjoining spaces (except where adjacent to an alley). Driveway space in front of private garages are exempt from this provision.
6.
Garages with a footprint of up to 300 square feet may be attached to individual cottages provided all other standards herein are met. Such garages do not count toward the size limit of cottages. Such garages must not be located adjacent to the common open spaces.
O.
Landscaping standards. Cottages in the RMD and RHD zones must meet the frontage requirements of PAMC 17.22.435.
P.
Tree standards. Trees must be integrated into cottage developments at the time of occupancy at the rate one tree per cottage unit.
1.
Trees may be either coniferous or deciduous.
2.
Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards).
3.
See PAMC 17.22, Article V, Landscaping Standards, for related landscaping plans, installation, and maintenance standards.
A.
Applicability. The standards herein apply to all duplex development within the City unless otherwise noted herein.
B.
Purpose.
1.
To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods.
2.
To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
To support more efficient use of urban residential land.
4.
To provide usable open space for residents.
5.
To de-emphasize garages and driveways as major visual elements along the street.
6.
To promote architectural variety that adds visual interest to the street and neighborhood.
C.
Driveway access and garage standards.
1.
Where duplexes are on lots served by alleys, all new garages and on-site parking must be accessible from the alley.
2.
When no alleys are present or alley access is not feasible due to extreme topography, the following standards apply:
a.
Side- and rear-facing parking areas and garages are encouraged.
b.
When located on a corner lot, both streets must be utilized for vehicle access. If one street is classified as a collector or arterial, only the side street must be utilized for vehicle access. Driveways must be located as far from the street corner as feasible.
3.
Street-facing driveways for duplexes are limited to:
a.
One 20-feet wide (maximum) driveway; or
b.
Two 12-feet wide (maximum) driveways provided the driveways are spaced at least 20 feet apart.
Single-household to duplex conversions and duplex remodels and additions may not increase any non-conformity with the standards herein.
4.
No more than 50 percent of any ground floor façade may be occupied by a garage, and detached garages and all carports must not protrude beyond the front building façade. This limit may be increased to a maximum of 65 percent provided at least three of the following design details are utilized:
a.
A decorative trellis over at least the entire width of the garage door(s).
b.
A window or windows placed above the garage on a second story or attic wall.
c.
A balcony that extends out over the driveway.
d.
Utilizing all single-vehicle garage doors as an alternative to wider garage doors suitable for two-car garages.
e.
Windows in the garage door.
f.
Decorative details on the garage door. Standard squares on a garage door will not qualify as a decorative detail [see Figure 17.21.040(D)(4)(b)].
Single-household to duplex conversions and duplex remodels and additions may not increase any non-conformity with the standards herein.
D.
Entry standards.
1.
For new duplex developments, the façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such a covered porch or recessed entry, with minimum weather protection of three feet by three feet.
2.
Clear and obvious pedestrian access between the sidewalk and the building entry is required for new dwellings.
E.
Minimum useable open space standards. The provisions herein are only required for new duplexes and not required for single household to duplex conversions and remodels to existing duplexes.
1.
All new duplex developments must provide usable open space with a collective size equal to ten percent of the lot area, with a minimum dimension of 15 feet on all sides. For example, an 8,000 square feet lot would require at least 800 square feet of usable open space. Usable open space may be a single large space or separate spaces.
2.
Where the usable open space is located within a front yard setback, the open space must be defined with a fence, hedge, or wall between 18 and 36 inches tall (meeting the standards of PAMC 17.94.140 and the sight obstruction height limits of the Port Angeles Urban Services Standards and Guidelines Manual when near an intersection). See Figure 17.21.040(D) for an example.
3.
If the rear edge of the usable open space is within five feet of an alley, any fence between the rear edge and the alley must be limited to four feet in height, except where the portion of the fence between four and six feet in height is at least 50 percent transparent.
4.
Unenclosed decks, porches, patios, and entries may be used as a part of the usable open space, provided they are a part of a space that meets the standards herein.
5.
LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
6.
Driveways do not count in the calculations for usable open space.
7.
Additions must not create or increase any nonconformity with this standard.
F.
Tree standards. Trees must be integrated into new duplex developments at the time of occupancy at the rate one tree per duplex unit (two trees per duplex building). The subject trees are not required for single household to duplex conversions.
1.
Trees may be either coniferous or deciduous.
2.
Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards).
3.
See PAMC 17.22, Article V, Landscaping Standards, for related landscaping plans, installation, and maintenance standards.
(Ord. 3688 § 33, 12/21/2021)
A.
Applicability. The standards herein apply to all townhouse developments.
B.
Purpose.
1.
To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods.
2.
To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
To support more efficient use of urban residential land.
4.
To provide usable open space for residents.
5.
To de-emphasize garages and driveways as major visual elements along the street.
6.
To reduce the apparent bulk and scale of large townhouse buildings.
7.
To promote architectural variety that adds visual interest to the street and neighborhood.
C.
Dimensional standards for townhouses are modified from the zone-based standards elsewhere in this title, as listed in Table 17.21.050.
D.
Driveway access and garage standards.
1.
Where townhouses are on lots served by alleys, all garages and on-site parking must be accessible from the alley.
2.
Where no alley is present or alley access is not feasible due to extreme topography, townhouse buildings with two units must comply with the duplex driveway standards of PAMC 17.21.040(B).
3.
Where no alley is present or alley access is not feasible due to extreme topography, townhouse buildings with three or more units must use one of the following methods:
a.
Method A. Provide a shared access drive to garages in the rear meeting the following requirements:
i.
Shared driveways have a maximum width of 20 feet and must meet turning radii and other standards of the City-adopted International Fire Code.
ii.
Minimum building separation along internal drive aisles must be 24 feet. Projections into this minimum building separation standard are permitted for each building consistent with the interior side setback projections referenced in PAMC 17.94.120. The purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at least one side, and provide adequate light and air on both sides of the dwelling units and vehicle areas, which often function as usable open space for residents.
b.
Method B. Provide individual garages and driveways access from a local street meeting the following standards:
i.
Individual garages and driveways are no wider than 12 feet and driveways have a minimum length of 20 feet.
ii.
The driveway is no more than 50 percent of the width of the townhouse unit (for example, a 12-foot wide driveway requires a minimum 24-foot wide townhouse unit).
E.
Entry standards.
1.
The façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet.
2.
Clear and obvious pedestrian access between the sidewalk and the townhouse entry is required.
3.
For townhouses where pedestrian access is provided from an alley or private internal vehicular access, buildings must emphasize individual pedestrian entrances over private garages by using both of the following measures:
a.
Enhance entries with a trellis, small porch, or other architectural features that provide cover for a person entering the unit and a transitional space between outside and inside the dwelling.
b.
Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with no dimension less than four feet.
Alternative designs will be considered, provided they meet the purpose of the standards.
F.
Minimum useable open space standards. Townhouse dwelling units must provide open space at least equal to ten percent of the gross floor area. The required open space may be provided by one or more of the following:
1.
Private ground level open space that is directly adjacent and accessible to dwelling units. Such space must have minimum dimensions of at least ten feet on all sides. Street setbacks may be used to meet this standard, provided they are defined with a fence (meeting standards of PAMC 17.94.140).
2.
Balconies, roof decks, or porches.
3.
Shared open space that meets the design requirements of PAMC 17.22.220, provided such space is visible and directly accessible to townhouse dwelling units.
4.
LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
Individual private open spaces for one unit that exceed the open space standards may not be used to help meet the open space standards for other dwelling units. Shared open spaces that meet the standards of subsection (E)(3) of this section, however, may be used to supplement private open spaces meeting subsections (E)(1) and (E)(2) of this section to help dwelling units meet the usable open space standards herein.
G.
Building articulation. Townhouse buildings must meet the façade articulation standards for multi-family buildings as set forth in PAMC 17.22.320(C).
(Ord. 3688 § 33, 12/21/2021)
The purpose of this chapter is to establish regulations for the operation of short-term rentals within the City of Port Angeles. This chapter does not apply to hotels, motels, and bed and breakfasts. This chapter also establishes a short-term rental business license permit program; platform-based enforcement provisions; and building and fire life-safety inspection requirements for all short-term rentals.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
(Reserved).
A.
The licenses required by this chapter prevail over other provisions of the PAMC that may relate to short-term rental licenses, as amended now or hereafter. In the event of a conflict, the provisions in this chapter shall control.
B.
A short-term rental business license is required for all short-term rentals occurring in the City.
C.
The Director is hereby authorized to implement, interpret, enforce, and make Director's determinations for any section of this chapter and any other applicable PAMC chapters. Director's determinations are intended to clarify and explain the PAMC requirements.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
It is unlawful for any person to operate as a platform within the City without a valid platform business license pursuant to this chapter.
B.
Platform business licenses are issued by the Director and may be obtained by filing an application to the City's Community and Economic Development Department.
C.
All platforms operating in the City of Port Angeles must comply with the following:
1.
Possess a valid platform business license issued pursuant to this chapter.
2.
Prior to providing booking services, require that all owners, authorized agents, and/or operators using the platform obtain a valid short-term rental business license through the City and include a business license number in any listing for a short-term rental on the platform.
3.
Remove any listings from the platform within four business days upon notification by the City that a short-term rental listed on the platform does not comply with the requirements of this chapter.
4.
Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year's operations:
a.
The total number of short-term rentals in the City listed on the platform during the applicable reporting period, and
b.
The total number of nights each short-term rental was rented through the platform during the applicable reporting period.
5.
Inform all owners, authorized agents, and/or operators who use the platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the platform does this on their behalf.
6.
Provide to the City a listing of all owners, authorized agents, and/or operators inside the City for which the platform provides booking services by February 1 of each year for the previous year's operations.
7.
Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this chapter in a manner consistent with state and federal law.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
All short-term rentals must comply with the following inspection requirements:
A.
All short-term rental owners or authorized agents must obtain a fire life-safety inspection of the rental, and pay the inspection and review fees outlined in the Port Angeles Master Fee Schedule for each new or renewed license. Type I short-term rentals are required to meet the provisions for the entire structure where the rooms are located. The Director will determine the inspection frequency in one, three, or five-year increments.
B.
All short-term rentals must have a code-compliant, non-expired fire extinguisher located visibly on each floor of the dwelling and one located within six feet of any cooking appliances.
C.
Inspection results may require minor building renovations or improvements, specifically related to fire life-safety items, requiring a building permit through the City's Community and Economic Development Department.
D.
All short-term rental licenses will contain the following language:
1.
The fire life-safety review for this short-term rental is limited to basic fire life-safety inspection, including but not limited to 911 locator consistency, handrails, guardrails, egress, ingress, exterior safety lighting, smoke and carbon monoxide detection and warning, repair of any notably dangerous building concerns, and pool safety regulations. The short-term rental business license inspection is not to be construed to be an exhaustive review of all potential life/safety issues that may be present in the facility. By accepting and utilizing the short-term rental license issued by the City or utilizing the licensed short-term rental, the owner, authorized agent, short-term rental platform, guest, short-term rental operator, or any other person with interest agrees to hold the City harmless in the event of any damage, property damage, personal injuries, and any other monetary or liabilities occurring from the short-term rental.
E.
Any short-term rental undergoing renovations, improvements, or upgrades may not operate until all items are completed and required building permits are finalized. The City will temporarily suspend any short-term rental business license until such renovations, improvements, or upgrades are finished and finalized by the City's Community and Economic Development Building Division. Any suspension will not alter the renewal date requirement.
F.
All egress must be adequately sized and unobstructed to allow proper escape from each sleeping unit and escape from the main dwelling.
G.
Failure to schedule and pass any required inspection is grounds for denial or revocation of the short-term rental business license.
1.
Upon notification by the City, the short-term rental owner, authorized agent, and/or operator will have 90 days to comply with any new minor fire life-safety upgrades. When required, the applicant must obtain a building permit, complete the work, and receive approval for the final building inspection.
2.
The Director may grant extensions based on a review of the circumstances, hardships, or proposed work timelines. Any extensions will be provided to the owner, authorized agent, and/or operator in writing, detailing the length of time of extension, requirements, and other relevant provisions.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
The following zoning, allowance, and use table requirements apply to all short-term rentals within the City.
Key to use the table:
A.
P(L) = "Permitted if Licensed" means short-term rentals allowed with a short-term rental business license.
B.
No = "No" means the use is prohibited.
C.
No Limitation = "No Limitation" means the number of short-term rentals of a particular type is not limited; therefore, no maximum cap on the number of units is set.
D.
N/A = "Not Applicable" for Table 17.23.060-1 means that the requirement limitation of the number of units does not apply because that type of short-term rentals in that zone are prohibited.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
All short-term rentals must comply with the following standards:
A.
After July 1, 2024, no person may operate a short-term rental without obtaining and maintaining a short-term rental business license.
B.
Licensed short-term rentals must only use platforms licensed by the City. Licensees may alternatively direct book.
C.
Only one short-term rental license will be issued per parcel, provided, however, that owners of short-term rental units are exempt from this limitation if they were (1) in operation prior to July 1, 2024, (2) fully compliant with Ordinance 3577 and the city's 2023 moratorium, and (3) still under the same ownership as on July 1, 2024.
D.
Only one short-term rental license will be issued per owner, provided, however, that owners of short-term rental units are exempt from this limitation if they were (1) in operation prior to July 1, 2024, (2) fully compliant with Ordinance 3577 and the city's 2023 moratorium, and (3) still under the same ownership as on July 1, 2024.
E.
Each separate dwelling unit rented as a short-term rental must have its own license.
F.
Short-term rental owners and authorized agents must obtain and maintain liability insurance that satisfies the requirements of RCW 64.37.050. Proof will be required at application and renewals.
G.
Parking is required. On-site parking is preferred; however, if onsite parking is not available, the provisions of section 14.40.045.E must be utilized.
H.
Events by guests are not allowed at any type 2 short-term rental.
I.
Short-term rentals are not permitted in housing units subsidized through City programs, including, but not limited to, a fee waiver, NICE neighborhood funds, and the affordable housing sales tax fund.
J.
Short-term rentals are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.).
K.
All short-term rental owners must arrange for regular municipal garbage collection.
L.
The owner, authorized agent, operator, and/or local contact must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC.
M.
Short-term rentals must have the following items posted in a conspicuous place inside the residence:
1.
The license;
2.
The good neighbor policy per PAMC 17.23.090; and
3.
Emergency contact information, including the residence address.
N.
All short-term rentals must comply with the applicable federal, state, and local fire, building, and health codes.
O.
Licenses are not transferable or assignable. No short-term rental business license(s) will be issued to any entity in which a member, partner, director, officer, trustee, or any other form of owner, decisionmaker, or investor in that entity already possess a short-term rental business license under this chapter. For the provisions of this subsection, "LLC" means any entity, trust, or property ownership or leasing structure other than a natural person. Spouses and their marital community may only have one short-term rental business license. Licenses issued to an LLC must also include and be issued to the LLC governing member or owner. No transfer of the LLC governing member or owner is allowed. Any transfer of ownership, transfer to LLC, transfer to another location or structure is not allowed. Any such changes identified in this Code require a new license and payment of applicable fees.
P.
All short-term rentals must have a visible, legible address.
Q.
A type 1 Licensee may rent multiple rooms or spaces within their home under one short-term rental business license, even if those rooms are listed and rented separately on a platform.
(Ord. 3733, § 1, 8/20/2024; Ord. 3728 § 1(Exh. A), 3/5/2024)
(Reserved).
A.
The owner or the authorized agent must notify each adjacent and facing property owner of said property of the existence of the short-term rental business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies.
B.
A copy of all rules, restrictions, and conditions imposed on the short-term rental must be posted in a prominent location in the short-term rental.
C.
Noise concerns: The hours between 10:00 p.m. and 7:00 a.m. are designated "quiet time" so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.23.030, Disturbing the peace.
D.
Whenever the short-term rental is rented, the local contact must be available 24 hours per day, seven days per week, to accept and respond physically to the short-term rental within 60 minutes of receiving a call to address complaints concerning noise levels. Failure to respond to all verifiable complaints will result in violation.
E.
Property condition: The owner, guests, local contact, and/or authorized agent must keep the short-term rental property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property.
F.
The owner or authorized agent must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule.
G.
The owner or authorized agent must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.
H.
The guests must not block any driveways, streets, rights-of-way, or other public or private access routes.
I.
All guests, owners, authorized agents, and/or operators must comply with the City's Nuisance Code, Chapter 8.30 PAMC.
J.
The City will revoke a short-term rental business license upon the third violation within a 36-month period of this section by the licensee and their guests. Short-term rental business licenses revoked for violation of this section may not be renewed, and the owner may not apply for a short-term rental business license on any other property in the City for two years.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
An application for a short-term rental business license must be determined complete to reserve a business license spot. A complete application includes:
A.
A complete application for the City's short-term rental business license.
B.
A site plan to scale, of the property, showing the entire dwelling unit used for the short-term rental, all other structures, parking, entrance and exit locations, and other relevant information as required by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
C.
Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
D.
Proof of short-term rental liability insurance pursuant to RCW 64.37.050.
E.
Copy of the owner's State of Washington master business license.
F.
Payment of all fees as determined by the City's Master Fee Schedule upon the application being deemed complete.
G.
Any other information the Director deems reasonably necessary to administer this chapter.
H.
If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit.
I.
A signed copy of the good neighbor policy. This policy shall be posted at the site after City review and approval.
J.
If the application is to renew an existing short-term rental business license, the following is also required:
1.
A copy of the operating period's rental log, including the price per night per rental in the City, charged per guest, and the total price charged for each guest's stay.
2.
Documentation showing the lodging tax paid to the State of Washington for the previous year of operation.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Staff shall determine whether an application for a short-term rental business license is complete within 28 days after application submittal.
B.
Staff will determine capacity for a short-term rental. If there is no capacity for a short-term rental, the application will be denied and be offered a place on the waiting list.
C.
Procedures A and B listed above must be complete and meet this chapter's requirements before the City Inspector performs the inspection.
D.
If the building report review, checklist, or inspection results in any failed areas, the applicant must fix all required items, obtain any permits necessary to resolve any items, and finalize any required permits prior to issuance of a short-term rental license.
E.
If the inspection fails, or further correction or information is required for the City Inspector's report, the applicant will be charged a reinspection fee. This reinspection fee will be charged for each required subsequent review or reinspection until all items pass. The applicant is responsible for working with the Community and Economic Development Building Division to ensure a complete application and must have an approved building permit to proceed with any work.
F.
The City will only issue the short-term rental business license if the application meets all standards and passes all reviews and inspections.
G.
The short-term rental business license and associated conditions must be posted visibly for all guests.
H.
Water, sewer, power, adequate access from a public right-of-way, police, fire, and waste disposal must be available and adequate for the proposed short-term rental.
I.
The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include, but are not limited to, traffic volume and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service.
J.
The proposal must be compatible with the surrounding area aspects, including, but not limited to, landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
The Director is authorized to and will approve, deny, or approve with modifications or conditions, all short-term rental business licenses in writing in the form of a license or a denial letter. The Director must 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.
A.
Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner fees in the Master Fee Schedule.
B.
Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision.
C.
The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
A short-term rental business license will be issued for a set period of time, with its effective date running from the date of issuance. The applicant must submit the renewal application 60 days prior to the existing short-term rental business license's expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration.
B.
The short-term rental business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner will have to obtain a new license and comply with the regulations stated in this chapter to operate as a short-term rental. The short-term rental business license is not a vested transferable right.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person or platform to:
1.
Operate a short-term rental platform within Port Angeles without possessing a valid short-term rental platform business license issued pursuant to section PAMC 17.23.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number.
2.
Fail to require that any owner, authorized agent, or operator for a short-term rental using the platform, prior to providing booking services, possess a valid short-term rental business license issued by the City and include the business license number in any listing.
3.
Fail to post the business license number for all City of Port Angeles listings.
4.
Fail to remove any listing for short-term rentals within four business days after written notice of violation is provided by the City to the platform. Failure to remove the listing within four business days will result in penalties per this chapter.
5.
Misrepresent any material fact in an application for a platform business license or submit inaccurate information to the City when the City requests information from the platform pursuant to this chapter.
6.
Fail to comply with any requirements of this chapter applicable to short-term rental platforms.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person to:
1.
Offer or provide a dwelling unit, or portion thereof, for short-term rental use without possessing a valid short-term rental business license for that dwelling unit, or portion thereof, issued pursuant to this chapter.
2.
Offer a short-term rental of any type on a platform without possessing a valid short-term rental business license pursuant to this chapter.
3.
Utilize a platform that is not licensed by the City.
4.
Misrepresent any material fact in any short-term rental business license application or other information submitted to the City pursuant to this chapter.
5.
Fail to comply with any requirements of this chapter applicable to owners, authorized agents, or operators of a short-term rental.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines.
B.
Violations of this chapter are civil violations, and penalties for violations of this chapter may be imposed as follows:
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Once a short-term rental business license has been issued, it cannot be transferred to another location, owner, authorized agent, and/or operator.
B.
The short-term rental platform business license will be valid for a period of one year only. The short-term rental platform must apply for a renewal at least 60 days before the current short-term rental platform business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
C.
The short-term rental business license shall be valid for a set period of time only. The owner, authorized agent, and/or operator must apply for a renewal at least 60 days before the current short-term rental business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
The Director may immediately deny, revoke, or refuse to renew the short-term rental platform business license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this chapter.
B.
The Director may immediately deny, revoke, or refuse to renew the short-term rental business license of any owner, authorized agent, and/or operator for violating or failing to comply with any applicable provision or for any reason set forth in this chapter.
C.
No short-term rental business license or platform business license issued pursuant to this chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City's Community and Economic Development Department or the City's Code Enforcement Division.
D.
Appeals shall be submitted to the Director in writing within 15 days following the date of the decision.
E.
The Hearing Examiner shall conduct a hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner fees in the Master Fee Schedule.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
The purpose of this chapter is to establish regulations for the operation of bed and breakfasts within the City of Port Angeles. This chapter does not apply to hotels, motels, and short-term rentals. This chapter also establishes a bed and breakfast business license permit program, platform-based enforcement provisions, and building fire life-safety inspection.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
(Reserved).
A.
The licenses required by this chapter prevail over other provisions of the PAMC that may relate to bed and breakfast licenses, as amended now or hereafter. In the event of a conflict between the provisions, the provisions in this chapter control.
B.
A bed and breakfast business license is required for all bed and breakfasts in the City.
C.
The Director is hereby authorized to implement, interpret, enforce, and make Director's determinations for any section of this chapter and any other applicable PAMC chapters. Director's determinations are intended to clarify and explain the PAMC requirements.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
It is unlawful to operate as a bed and breakfast platform within the City without a valid platform business license pursuant to this chapter.
B.
Platform business licenses are issued by the Director and may be obtained by filing an application to the City's Community and Economic Development Department.
C.
All platforms operating in the City of Port Angeles must comply with the following:
1.
Possess a valid platform business license issued pursuant to this chapter.
2.
Prior to providing booking services, require that all bed and breakfast operators using the bed and breakfast platform obtain a valid bed and breakfast business license through the City and include a business license number in any listing for a bed and breakfast on the platform.
3.
Remove any listings from the platform within four business days upon notification by the City that a bed and breakfast listed on the platform does not comply with the requirements of this chapter.
4.
Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year's operations:
a.
The total number of bed and breakfasts in the City listed on the platform during the applicable reporting period, and
b.
The total number of nights per bed and breakfast for all bed and breakfasts that were rented through the platform during the applicable reporting period.
5.
Inform all bed and breakfast operators who use the bed and breakfast platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the bed and breakfast platform does this on their behalf.
6.
Provide to the City a listing of all owners and bed and breakfast operators inside the City for which the platform provides booking services by February 1 of each year for the previous year's operations.
7.
Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this chapter in a manner consistent with state and federal law.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
All bed and breakfasts must comply with the following inspection requirements:
A.
All bed and breakfast owners or authorized agents must obtain a fire life-safety inspection and license from the State of Washington as a transient accommodation under Washington Administrative Code 246-360, and a license from the Clallam County Health Department as a food establishment under Washington Administrative Code 246-215.
B.
A copy of the approved State of Washington transient accommodation license and inspection report, and the Clallam County Health Department food establishment license and inspection report must both be provided to the City to apply for a City bed and breakfast business license.
(Ord. 3730 § 1(Exh. A), 7/16/24; Ord. 3728 § 2(Exh. B), 3/5/2024)
The following zoning, allowance, and use table requirements apply to all bed and breakfasts within the City.
Key to use the table:
A.
P(L) = "Permitted if Licensed". Bed and breakfasts are allowed with a bed and breakfast license.
B.
No = Prohibited Use.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
All bed and breakfasts must comply with the following standards:
A.
After July 1, 2024, no person may operate a bed and breakfast without obtaining and maintaining a bed and breakfast business license.
B.
Licensed bed and breakfasts must only use platforms licensed by the City. Licensees may alternatively direct book.
C.
Bed and breakfasts may provide breakfast, light snacks, or both to guests, and the facility and operator must meet applicable health and safety regulations, including, but not limited to, regulations of Clallam County Public Health and the Washington State Department of Health, which may require separate permits.
D.
The bed and breakfast operator or owner must remain onsite, while guests are present.
E.
A bed and breakfast with four or fewer guest rooms must provide parking spaces for the operator and one space per guest bedroom. Bed and breakfasts with more than four guest rooms must provide parking spaces for the operator, guests, and employees.
F.
Events by guests are allowed up to the occupancy limit that is determined by the number of bedrooms, the Clallam County Health Department, and/or the Liquor and Cannabis Board.
G.
Bed and breakfasts are not permitted in housing units subsidized through City programs, including, but not limited to, a fee waiver, NICE neighborhood funds, and the affordable housing sales tax fund.
H.
Bed and breakfasts are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.).
I.
All bed and breakfast owners must arrange for regular municipal garbage collection.
J.
The bed and breakfast operator must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC.
K.
Bed and breakfasts must have the following items posted conspicuously inside each guest room:
1.
The license;
2.
The good neighbor policy per PAMC 17.24.090; and
3.
Emergency contact information, including the residence address.
L.
All bed and breakfasts must comply with the applicable international, federal, state, and local fire, building, and health codes.
M.
All bed and breakfasts must have a visible, legible address.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
(Reserved).
A.
The bed and breakfast operator must notify each adjacent and facing property owner of said property of the existence of the bed and breakfast business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies.
B.
A copy of all rules, restrictions, and conditions imposed on the bed and breakfast must be posted in a prominent location in the bed and breakfast.
C.
Noise concerns: The hours between 10:00 p.m. and 7:00 a.m. are designated "quiet time" so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.24.030, Disturbing the peace.
D.
Property condition: The owner, guests, local contact, and/or authorized agent must keep the property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property.
E.
The bed and breakfast operator must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule.
F.
The bed and breakfast operator must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.
G.
The guests must not block any driveways, streets, rights-of-way, or other public or private access routes.
H.
All guests, owners, authorized agents, and/or operators must comply with the City's Nuisance Code, Chapter 8.30 PAMC.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
An application for a bed and breakfast business license must be determined complete. A complete application includes:
A.
A completed application form for the City's bed and breakfast business license.
B.
A site plan to scale, of the property, showing the entire dwelling unit used for the bed and breakfast, all other structures, parking, entrance and exit locations, and other relevant information as requested by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
C.
Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
D.
The bed and breakfast operator must provide copies of approvals from the applicable state and local regulatory departments.
E.
Copy of the owner's State of Washington master business license.
F.
Payment of all fees as determined by the City's Master Fee Schedule upon the application being deemed complete.
G.
Any other information the Director deems reasonably necessary to administer this chapter.
H.
If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit.
I.
A signed copy of the good neighbor policy. This policy must be posted at the site after City review and approval.
J.
If the application is to renew an existing bed and breakfast business license, the following is required:
1.
A copy of the operating period's rental log, including the price per night charged per guest and the total price charged for each guest's stay.
2.
Documentation showing the lodging tax paid to the State of Washington for the previous year of operation.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Staff shall determine whether an application for a bed and breakfast business license is complete within 28 days after application submittal.
B.
Reserved.
C.
Reserved.
D.
The City will only issue the bed and breakfast business license if the application meets all standards and passes all reviews and inspections. The bed and breakfast business license and associated conditions must be posted visibly for all guests.
E.
Water, sewer, power, adequate access from a public right-of-way, police, fire and waste disposal must be available and adequate for the proposed bed and breakfast.
F.
The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include, but are not limited to, traffic volume and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service.
G.
The proposal must be compatible with the surrounding residential area aspects, including, but not limited to, landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure.
(Ord. 3730 § 1(Exh. A), 7/16/24; Ord. 3728 § 2(Exh. B), 3/5/2024)
The Director is authorized to and will approve, deny, or approve with modifications or conditions, all bed and breakfast business licenses in writing in the form of a license or a denial letter. The Director must 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.
A.
Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner fees in the Master Fee Schedule.
B.
Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision.
C.
The Hearing Examiner shall conduct a hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
A bed and breakfast business license will be issued for a set period of time, with its effective date running from the date of issuance. The applicant must submit the renewal application 60 days prior to the existing business license's expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration.
B.
The bed and breakfast business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner would have to obtain a new license and comply with the regulations stated in this chapter to operate as a bed and breakfast. The bed and breakfast business license is not a vested transferable right.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person or bed and breakfast platform to:
1.
Operate a bed and breakfast platform within Port Angeles without possessing a valid bed and breakfast platform business license issued pursuant to section 17.24.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number.
2.
Fail to require that any owner, authorized agent, or bed and breakfast operator using the bed and breakfast platform, prior to providing booking services, possess a valid bed and breakfast business license issued by the City and include the business license number in any listing.
3.
Fail to post the business license number for all City of Port Angeles listings.
4.
Fail to remove any listing for a bed and breakfast within four business days after written notice of violation is provided by the City to the bed and breakfast platform. Failure to remove the listing within four business days will result in penalties per this chapter.
5.
Misrepresent any material fact in an application for a bed and breakfast platform business license or submit inaccurate information to the City when the City requests information from the bed and breakfast platform pursuant to this chapter.
6.
Fail to comply with any requirements of this chapter applicable to bed and breakfast platforms.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person to:
1.
Offer or provide a dwelling unit, or portion thereof, for bed and breakfast use without possessing a valid bed and breakfast business license for that dwelling unit, or portion thereof, issued pursuant to this chapter.
2.
Offer a bed and breakfast on a bed and breakfast platform without possessing a valid bed and breakfast business license pursuant to this chapter.
3.
Utilize a platform that is not licensed by the City.
4.
Misrepresent any material fact in any bed and breakfast business license application or other information submitted to the City pursuant to this chapter.
5.
Fail to comply with any requirements of this chapter applicable to owners, authorized agents, or bed and breakfast operators of a bed and breakfast.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines.
B.
Violations of this chapter are civil violations, and penalties for violations of this chapter may be imposed as follows:
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Once a bed and breakfast business license has been issued, it cannot be transferred to another location or bed and breakfast operator.
B.
The bed and breakfast platform business license will be valid for a period of one year only. The bed and breakfast platform must apply for a renewal at least 60 days before the current bed and breakfast platform business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
C.
The bed and breakfast business license will be valid for a set period of time only. The bed and breakfast operator must apply for a renewal at least 60 days before the current bed and breakfast business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business platform license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this chapter.
B.
The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business license of any bed and breakfast operator for violating or failing to comply with any applicable provision or for any reason set forth in this chapter.
C.
No bed and breakfast business license or platform business license issued pursuant to this chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City's Community and Economic Development Department or the City's Code Enforcement Division.
D.
Appeals shall be submitted to the Director in writing within 15 days following the date of the decision.
E.
The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner fees in the Master Fee Schedule.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
This is a commercial zone intended to create and preserve areas for businesses serving the entire region and needing an arterial location because of the nature of the business, intensity of traffic generated, or a demand for large land areas by the business. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
General commercial uses:
1.
Artisan manufacturing.
2.
Auto supply stores, service stations, self-service gas islands, car wash facilities, and tire shops.
3.
Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores.
4.
Businesses selling medical supplies, goods, instruments, medicine and similar items.
5.
Reserved.
6.
Farm equipment stores, garden supply stores, nurseries.
7.
Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive-in restaurants, restaurants, take-out lunch stands, and taverns; provided that drive-in restaurants, restaurants with cocktail lounges, and taverns, that have direct customer access to an alley abutting residentially zoned property, shall be conditional uses.
8.
Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers and supermarkets.
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.
Dealerships of new and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, renting, and servicing.
13.
Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores.
14.
Shopping centers.
B.
Services:
1.
Art galleries, museums and aquariums.
2.
Business colleges, trade schools, and personal instruction such as music, art, and dance schools.
3.
Business parks and professional offices.
4.
Business services offices, such as accounting, tax, employment, and management consulting services.
5.
Cemeteries.
6.
Chemical dependency treatment and detoxification centers.
7.
Child daycares.
8.
Commercial recreation establishments and entertainment services, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt-putt golf courses, climbing walls and arcades.
9.
Community center.
10.
Conference centers.
11.
Equipment rental stores.
12.
Financial services offices, such as banks, financial institutions, insurance and real estate services offices.
13.
Frozen food or cold storage lockers.
14.
Funeral homes and mortuaries.
15.
Laundries, commercial and self-service, dry cleaning shops, and tailor shops.
16.
Libraries.
17.
Medical/dental offices and clinics and laboratories.
18.
Personal services facilities, such as barber and beauty shops, exercise and reducing studios, and travel agencies.
19.
Printing, blueprinting, photo developing and reproduction, and sign shops.
20.
Public parks and recreation facilities.
21.
Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services.
22.
Veterinary offices, clinics and kennels.
C.
Institutional:
1.
Social clubs, lodges and fraternal organizations.
2.
Schools (community centers).
D.
Residential:
1.
Apartments. When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory structure that is on a lot with principal nonresidential uses in operation.
2.
Apartment buildings.
3.
Multi-family housing.
E.
Transportation and communication:
1.
Conference centers and auditoriums.
2.
Airplane and helicopter facilities.
3.
Mass transit terminals.
4.
Parcel delivery service terminals.
5.
Radio stations, TV stations and newspaper buildings.
6.
Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops.
F.
Wholesale:
1.
Storage services buildings, such as frozen food and cold storage lockers, mini-warehouses, transfer, moving and storage facilities.
2.
Warehouse buildings and yards.
3.
Wholesale stores.
(Ord. 3728 § 13(Exh. C), 3/5/2024; Ord. 3643 § 4, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 16, 1/5/2016; Ord. 3390 § 9, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
Auto body and paint shops.
B.
Drive-in restaurants, restaurants with cocktail lounges and taverns that have direct customer access to an alley abutting residentially zoned property.
C.
Fire stations.
D.
Licensed impound yards.
E.
Massage parlors, saunas and steam baths, as primary use.
F.
Off-premises outdoor advertising signs.
G.
Off-street business parking structures and lots.
H.
Recreational vehicles, vacation trailers, and campers courts and parks.
I.
Salvage and recycling buildings.
J.
Social service agency buildings providing 24-hour residential care.
K.
Utility buildings and structures.
L.
Other uses compatible with the intent of this chapter.
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
The following area and dimensional requirements apply to all CR zones:
1
A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located.
(Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 13, 12/20/2016; Ord. 3548 § 16, 1/5/2016; Ord. 3332 § 7, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
See Chapter 14.40 PAMC.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height.
B.
All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-commercial property.
C.
A five-foot sidewalk accompanied by a minimum five-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
D.
A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained.
E.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
F.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 13, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The purpose of the mobile and itinerant vendor code is to provide clear guidelines for vendors to operate within the City of Port Angeles. This chapter ensures vendors know where and how they can set up and maintains high standards for health and safety.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Lemonade stand. Operating 30 or fewer days per calendar year, used by a person under the age of 18 for the sale of nonalcoholic beverages, such as lemonade, using non-time/temperature control for safety food with no direct hand contact and served directly into single service. See WAC 246-215-01115 for the full definition. Lemonade stands are exempt from all mobile and itinerant permitting requirements.
B.
Itinerant vendor. An itinerant vendor is a business that travels from place to place to sell products or services, often setting up temporary stands or booths in an outdoor setting.
1.
Major itinerant vendor. A vendor selling goods and services five days or more in a calendar year.
2.
Minor itinerant vendor. A vendor selling goods or services four days or less in a calendar year; or providing a free service.
C.
Site plan review.
1.
Major site plan review. Sites within residential zones or more than one vendor within non-residentially zoned property.
2.
Minor site plan review. Sites are limited to one vendor on a non-residentially zoned property.
D.
Mobile vendor. A mobile vendor is a business that operates from a vehicle, trailer, bicycle, or cart and moves to different locations to sell goods or services in an outdoor setting.
1.
Major mobile vendor. A vendor selling goods and services five days or more in a calendar year.
2.
Minor mobile vendor. A vendor selling goods or services four days or less in a calendar year; or providing a free service.
E.
Permanent set-up. A permanent setup is a fixed, stable structure or designated area from which a vendor operates consistently over a long-term. Characteristics include, but not limited to:
1.
A vending unit that is not moved or dismantled daily.
2.
Includes utilities such as electricity, water, or even limited plumbing.
F.
Semi-permanent set-up. A semi-permanent is designed to be relatively easy to dismantle and move. Characteristics include, but not limited to:
1.
Vending unit that moves or is dismantled at the end of the approved business hours and/or event.
2.
The structure is typically portable and does not involve complex installations like heavy-duty plumbing or electricity.
G.
R.O.W. right-of-way. See PAMC 17.08.090.
H.
Vendor hosting. A property owner hosting regulatory vendor permit holders in permanent or semi-permanent format.
I.
Vending unit. A unit consisting of one mobile or itinerant vendor.
(Ord. 3745 § 2(Att. B), 2/4/2025)
For mobile and itinerant vendors, there are two different project permit requirements:
(Ord. 3745 § 2(Att. B), 2/4/2025)
Regulatory mobile or itinerant vendor permits will be issued in accordance with the process stated in PAMC 5.04.060. All vendors require a regulatory mobile or itinerant vendor permit prior to operating in the City of Port Angeles. Vendors must have a regulatory mobile, or itinerant vendor permits to operate on approved hosting sites.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
A complete application must contain:
1.
The name, address, and telephone number of the applicant and the contact person;
2.
Business license number, address, and contact information;
3.
Application narrative detailing:
i.
Proposed area of operation and compliance with requirements for pedestrian clearance and accessibility;
ii.
Dates and hours of operation;
iii.
Disposal of waste and grey water plan (if applicable);
iv.
Access to water plan (if applicable);
v.
Other information requested by the City may be deemed necessary to adequately consider and address impacts to the right-of-way and adjacent properties.
4.
Signed approval from Clallam County Health Department (if applicable).
5.
Signed approval from the Department of Labor and Industries (if applicable).
6.
Signage plan: A-frame and attached signs to the vending unit are exempt from review and additional fees.
B.
If the proposal uses the public right-of-way, the City Transportation Engineer must conduct an additional review.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
General requirements:
1.
Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
2.
Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
3.
Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
4.
Complies with L&I and the Clallam County health requirements.
5.
Has obtained and has not been denied other applicable project permit requirements.
6.
Holds an active business license from the Washington State Department of Revenue.
7.
Does not conflict with the underlying purpose and intent of the zoning district in which it is located.
B.
Signage and advertising:
1.
A-frame and attached signs to the vending unit are exempt from review and additional fees.
C.
Display of approval:
1.
All approvals will be prominently displayed on all carts, vehicles, or locations from which a mobile vendor operates.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
The City may condition the issuance of a project permit by imposing reasonable requirements concerning the activity's time, place, and manner as necessary to protect the safety and/or convenience of persons and property and the control of traffic. The City will issue the required conditions in writing to the applicant. Conditions may include, but are not limited to:
1.
The provision of insurance per PAMC 11.12.140.B;
2.
Proper disposal of refuse or debris, waste, and/or clean-up of spills;
3.
Adjusted operating hours;
4.
Elimination of an on-site activity that cannot be mitigated to a point as to ensure public safety and welfare or which possesses an unacceptable level of risk to the City;
5.
Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including restricting the activity to only a portion of a public place;
6.
Reduction of noise and odors, including, but not limited to, those resulting from amplified music, generators, or cooking of food;
7.
Storage of materials within the public right-of-way;
8.
Securing objects within the right-of-way;
9.
Compliance with any relevant ordinance or law and obtaining any legally required permit(s) or license(s);
10.
Compliance with allowable permitted uses in the underlying zone;
11.
Any other restriction or requirement deemed necessary to ensure public convenience, health, safety, and welfare;
12.
All persons conducting a vendor business will obey any order of a police officer to temporarily move such vending stand to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic;
13.
Vending units will not be locked or chained to street furniture or trees;
14.
All vending units will have one 2A10BC fire extinguisher mounted on the cart.
(Ord. 3745 § 2(Att. B), 2/4/2025)
The Director will have the authority to place appropriate limitations and conditions on any mobile and itinerant vendors to ensure that all operations are consistent with the ordinances, plans, and policies of the City of Port Angeles.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Initial approval. The term of each project permit issued under this chapter is at the discretion of the Community and Economic Development Department and is to be a maximum of one year, subject to renewal.
B.
Renewal approval term(s). Project permits issued under this chapter may be renewed for successive terms upon application by the permit holder and payment of the applicable renewal fee, provided that all conditions of the original permit are currently being met. Renewal will be valid for one year or otherwise.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A site plan review for mobile and itinerant vendors is intended to ensure that vending unit operations comply with regulatory standards and minimize any potential negative impact on the surrounding community. Site plan reviews for mobile and itinerant vendors are applicable when:
A.
Permanent or semi-permanent setup.
B.
Proximity to sensitive areas.
C.
New or unusual structures.
D.
Impact on environmental resources.
E.
Utility and waste management needs.
F.
Changes in site use or expansion.
G.
Compliance with local business regulations.
H.
Operational impact on local infrastructure.
Parking lot activities that fall under vendor hosting and will only be for a period not to exceed seven consecutive days for private businesses and 14 consecutive days for private non-profit and charitable organizations within a one-calendar-year period are exempt from site plan reviews and must adhere to Chapter 14.40 PAMC.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
An application in a format as established by the City will contain the following:
1.
Applicant and property information:
a.
Name, mailing address, and telephone number;
b.
Project detail (this includes permanent or semi-permanent setup preference);
c.
Zoning classification;
d.
Property size;
e.
Fencing plan (if applicable);
f.
Landscaping plan (major site plan review only);
g.
Noise mitigation plan (major site plan review only);
h.
Other information requested by the City that may be deemed necessary to adequately consider and address impacts to the right-of-way and adjacent properties.
2.
Project phases: Provide a description and schedule for the project phases (if applicable).
a.
Proposed site plan elements (may be combined into one plan) structural plan (if applicable). Submit a plan with elevations and specifications for the type, color, and texture of exterior surfaces of proposed structures.
b.
Sign plan (if applicable). Provide a scale drawing of the sign plan showing the location(s), size, design, material, color, and illumination method for all exterior signs, both temporary. A-frame and attached signs to the vending unit are exempt from review and additional fees.
c.
Lighting plan. Include any proposed lighting plan.
d.
Noise and environmental control.
i.
Present a plan to manage and control noise, dust, dirt, heat, glare, vibration, odors, and toxic gases.
e.
Waste, garbage, and greywater disposal locations.
f.
Restroom facility access. Unless specifically prohibited by the Clallam County Health Department, the host may utilize a public restroom facility located within 1,000 feet of the proposed location as a permissible alternative to an on-site restroom facility.
g.
Water access plan.
h.
Natural features. Scale map of natural features such as ravines, slopes greater than 35 percent, critical areas and their buffers, and shorelines with the ordinary high-water mark.
i.
Location of driveways and circulation. Layout of driveways, pedestrian walks, curbs, gutters, street paving, fire hydrants, on-site water sources, and sewage disposal systems.
j.
Structures. Location(s), size(s), height, and gross floor area for all existing and proposed structures or improvements.
k.
Stormwater systems (if applicable). Nature and location of temporary and permanent stormwater systems.
l.
Traffic and parking. Locations of entrances and exits, traffic flow, parking spaces, loading berths, vehicle maneuvering areas, and their relationship with adjacent properties.
m.
Site area details. Approximate number of square feet in paved or impervious surfaces, open spaces, wetlands, and steep-unstable slopes; total area of the site.
3.
Site plan elements: A professionally prepared plan is not required. The plan may be hand-drawn to scale. The plan may be, but is not required to be, computer-generated:
a.
Boundaries and dimensions. Show the location and approximate dimensions of land boundaries proposed for development.
b.
Contiguous property. Indicate all contiguous property owned by the applicant.
c.
Easements and rights-of-way. Approximate location, width, and name of recorded easements and rights-of-way, including public service or utilities.
d.
Natural features. Scale map of natural features such as ravines, slopes greater than 35 percent, critical areas and their buffers, and shorelines with the ordinary high-water mark.
e.
Location of driveways, sidewalk, and utilities. Layout of driveways, pedestrian walks, curbs, gutters, street paving, fire hydrants, on-site water sources, electrical, and sewage disposal systems.
f.
Existing structures. Location(s), size(s), height, and gross floor area for all existing and proposed structures or improvements.
g.
Stormwater systems (if applicable). Nature and location of temporary and permanent stormwater systems.
h.
Traffic and parking. Locations of entrances and exits, traffic flow, parking spaces, loading berths, vehicle maneuvering areas, and their relationship with adjacent properties.
i.
Site area details. Approximate number of square feet in paved or impervious surfaces, open spaces, wetlands, and steep-unstable slopes; the total area of the site.
4.
Site plan title block:
a.
Name, address, and telephone number;
b.
Include the applicant's contact details;
c.
Date of drawing;
d.
Date the drawing was created;
e.
Legend;
f.
Site address or tax assessor parcel number;
g.
Total approximate area of the site and each parcel or lot;
h.
North arrow;
i.
Scale (not larger than 1″ = 20′ or smaller than 1″ = 200′).
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Preliminary review. The application will be checked to ensure it is complete and follows submission guidelines.
B.
Regulatory evaluation. The application will be assessed to ensure it meets all laws, regulations, and standards.
1.
The project's design and planning must be suitable for its location, zoning, and existing uses.
2.
The project must meet this chapter and other relevant codes.
3.
Existing streets, public facilities, and services must be able to support the new or additional land use.
4.
Collaboration with other departments and jurisdictions will occur to gather input and ensure a thorough review.
5.
Notification requirements. Inform the public about pending applications, especially for significant projects.
6.
Major site plan reviews will be processed as a Type II project permit per Chapter 18.02 PAMC.
C.
Minor mobile or itinerant vendor hosting site plan review.
1.
General requirements:
a.
The proposal does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
b.
The proposal does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
c.
The proposal does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
d.
The proposal complies with L&I and the Clallam County health requirements;
e.
The proposal has obtained or has been denied other applicable project permit requirements;
f.
The proposal holds an active business license from the Washington State Department of Revenue; and
g.
The proposal does not conflict with the underlying purpose and intent of the zoning district in which it is located.
2.
Design and location must adhere to the following standards (if applicable):
a.
The proposal does not include work within environmentally sensitive areas, shorelines, and wetlands or their buffers as designated and regulated by Title 15 Environment PAMC;
b.
Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
c.
Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
d.
Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
e.
Complies with L&I and the Clallam County health requirements;
f.
Has obtained and has not been denied other applicable project permit requirements;
g.
Holds an active business license from the Washington State Department of Revenue;
h.
Does not conflict with the underlying purpose and intent of the zoning district in which it is located;
i.
Lighting. The proposal ensures lighting complies with the requirements of PAMC Chapter 17.22.260;
j.
Signage and advertising. The proposal ensures the size, location, design, color, texture, lighting, and materials of all exterior signs and outdoor advertising features are harmonious with existing and proposed buildings and surrounding properties.
D.
Major mobile or itinerant vendor hosting site plan review.
1.
General requirements:
a.
The proposal does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
b.
The proposal does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
c.
The proposal does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
d.
The proposal complies with L&I and the Clallam County health requirements;
e.
The proposal has obtained or has been denied other applicable project permit requirements;
f.
The proposal holds an active business license from the Washington State Department of Revenue;
g.
The proposal does not conflict with the underlying purpose and intent of the zoning district in which it is located;
h.
Applicant has provided an acceptable landscaping and fencing plan;
i.
Applicant has provided an acceptable noise mitigation plan;
j.
Application has been publicly noticed and required public comment period.
2.
Design and location must adhere to the following standards (if applicable):
a.
The proposal does not include work within environmentally sensitive areas, shorelines, and wetlands or their buffers as designated and regulated by Title 15 Environment PAMC;
b.
Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
c.
Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
d.
Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
e.
Complies with L&I and the Clallam County health requirements;
f.
Has obtained and has not been denied other applicable project permit requirements;
g.
Holds an active business license from the Washington State Department of Revenue;
h.
Does not conflict with the underlying purpose and intent of the zoning district in which it is located;
i.
Lighting. The proposal ensures lighting complies with the requirements of PAMC Chapter 17.22.260;
j.
Signage and advertising. The proposal ensures the size, location, design, color, texture, lighting, and materials of all exterior signs and outdoor advertising features are harmonious with existing and proposed buildings and surrounding properties.
(Ord. 3745 § 2(Att. B), 2/4/2025)
Upon approval of a site plan, the approving authority will affix their signature(s) in an appropriate place on the site plan, along with a brief statement that approval of the site plan has been granted referencing conditions for approval and the date approved.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
The city may condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the activity as necessary to protect the safety and convenience of persons and property and the control of traffic. The City will issue the required conditions in writing to the applicant. Conditions may include, but are not limited to, requirements for:
1.
Signage and advertising. A-frame and attached signs to the vending unit are exempt from review and additional fees;
2.
Display of approval. All approvals will be prominently displayed on all carts, vehicles, or locations from which a mobile vendor operates;
3.
The provision of insurance per PAMC 11.12.140.B;
4.
Proper disposal of refuse or debris, waste, and/or clean-up of spills;
5.
Adjusted operating hours;
6.
Elimination of an activity that cannot be mitigated to a point as to ensure public safety and welfare or which possesses an unacceptable level of risk to the City;
7.
Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including restricting the activity to only a portion of a public place;
8.
Reduction of noise and odors, including, but not limited to, those resulting from amplified music, generators, or cooking of food;
9.
Storage of materials within the public right-of-way;
10.
Securing objects within the right-of-way;
11.
Compliance with any relevant ordinance or law and obtaining any legally required permit(s) or license(s);
12.
Compliance with allowable permitted uses in the underlying zone;
13.
Any other restriction or requirement deemed necessary to ensure public convenience, health, safety, and welfare;
14.
All vending units must display their approved and active vending unit permit;
15.
Fencing for properties adjacent or across an alley from a residential use;
16.
All persons conducting a vendor business will obey any order of a police officer to temporarily move such vending unit to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic;
17.
Vending units will not be locked or chained to street furniture or trees;
18.
All vending units will have one 2A10BC fire extinguisher mounted on the cart.
(Ord. 3745 § 2(Att. B), 2/4/2025)
The approving authority may impose limitations and conditions on a site plan to ensure compliance with the City of Port Angeles's ordinances, plans, policies, and reviewing department recommendations.
(Ord. 3745 § 2(Att. B), 2/4/2025)
An approved site plan may be amended using the same procedures provided under this chapter for original site plan approval. For purposes of this chapter, the amendment will include changes in building layout, type or size, modifications or conditions of approval, and changes in approved uses; provided that changes that comply with all previously imposed conditions of approval will not require a site plan amendment unless alterations in building layout, open space, circulation, project phasing, building type or size are proposed which may generate environmental impacts not considered in the previous site plan approval.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Initial approval term(s). Site plan approval is valid for five years, contingent on compliance with conditions, phasing schedules, and obtaining applicable permits. Approvals lapse if permits are unused, construction is not initiated, or conditions are unmet within this period. If the permit or permits are not used or work is not initiated within said time and carried on diligently in accordance with the conditions imposed by the City pursuant to site plan approval, or should the approved phasing schedule not be completed, the site plan will become null and void and any approval, permit, or conditions granted thereby will be deemed to have lapsed. Site plan reviews will require renewal when the scope originally approved changes or after five years.
B.
Renewal approval term(s). Project permits issued under this chapter may be renewed by the permit holder and payment of the applicable renewal fee, provided that all conditions of the original permit are currently being met. Renewal will be valid for five years or otherwise, as stated by the director.
(Ord. 3745 § 2(Att. B), 2/4/2025)
Permit issued pursuant to this chapter may be revoked, in writing, at the discretion of the Director of Community Development for the following:
A.
Any fraud, misrepresentation, or false or misleading statement contained in the application for license;
B.
Any fraud, misrepresentation, or false or misleading statement made in connection with the selling of products;
C.
Any violation of this chapter;
D.
Violations of the conditions or approval;
E.
Engaging in or allowing a pattern of criminal conduct in, near, or associated with the mobile vendor or vendor site; or
F.
Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation, order to cease, and/or any notice of daily fines.
B.
Violations of this chapter are civil violations and penalties for violations of this chapter may be imposed as follows:
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
The Director is authorized to approve, deny, or approve with modifications or conditions all mobile and itinerant vendor applications in writing, either as a permit or a denial letter. The Director must attach conditions as necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this chapter.
B.
The Director may modify or waive specific standards to accommodate unique site features, ensure compatibility with surrounding land uses, or account for the scale and impact of a project requiring only administrative site plan approval. However, any discretion to modify standards must be guided by clearly stated objective criteria to ensure fairness, transparency, and consistency in decision-making.
C.
These criteria are supplementary to applicable state and county laws or ordinances.
(Ord. 3745 § 2(Att. B), 2/4/2025)
Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision. The Hearing Examiner will conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision will be final unless appealed to Clallam County Superior Court. See "Hearing Examiner Fees" in the Master Fee Schedule subjected appeal fees.
(Ord. 3745 § 2(Att. B), 2/4/2025)
This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses in a planned, park-like setting. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial, and industrial uses typically involve the need for a large campus-like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for a variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street, design standards for high density, pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development, and support for private parking and business improvements.
(Ord. 3123 § 17, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995)
A.
Manufacturing buildings for:
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.
Microbreweries.
8.
Assembly of mobile and modular homes and home components.
9.
Research and development laboratory buildings.
10.
Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components.
B.
Retail:
1.
Adult entertainment businesses.
2.
Auto service stations.
3.
Cocktail lounges and taverns.
4.
Restaurants and cafes.
5.
Retail establishments accessory to building materials, electrical, and plumbing supplies.
C.
Wholesale distribution:
1.
Warehouse buildings.
2.
Wholesale stores.
D.
Services:
1.
Art galleries and museums.
2.
Building maintenance and janitorial services buildings.
3.
Business colleges and trade schools.
4.
Business and professional offices.
5.
Business services offices, such as accounting, tax employment, management consulting, and printing services.
6.
Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies.
7.
Governmental and social service agency offices.
8.
Self-service laundry buildings and tailor shops.
9.
Libraries.
10.
Medical/dental offices and clinics and laboratories.
11.
Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies.
12.
Public parks and recreation facilities.
E.
Institutional:
1.
Clubs and lodges.
F.
Transportation and communication:
1.
Airports, airport terminals, and related facilities.
2.
Mass transit terminals.
3.
Off-street parking structures and lots.
4.
Parcel delivery service buildings.
5.
Printing, publishing, and book-binding buildings.
6.
Vehicular services facilities, such as automotive and truck rentals.
7.
Utility buildings and structures.
(Ord. 3059 § 4 (part), 7/28/2000; Ord. 2861 § 1 (part), 3/17/1995)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 2921 § 13, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995)
A.
Distribution buildings for food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products.
B.
Fire stations.
C.
Freight company terminals.
D.
Furnishing repair shops, such as upholstering reupholstering shops.
E.
Household moving and storage buildings.
F.
Machinery maintenance and repair shops.
G.
Manufacturing buildings for specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops, and machine shops.
H.
Off-street parking structures and lots.
I.
Pharmaceutical and drug products buildings.
J.
Plastic and other synthetic products buildings.
K.
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.
L.
Radio towers exceeding 35 feet.
M.
Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services.
N.
Social service agency buildings providing 24-hour residential care, where:
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.
O.
Storage buildings and maintenance shops for builders, contractors, and governmental agencies.
P.
Vehicle maintenance and repair shops, gasoline service islands.
Q.
Veterinary clinics, offices, and kennels.
R.
Other office, commercial, and industrial uses compatible with the intent of this chapter.
(Ord. 2861 § 1 (part), 3/17/1995)
A.
Minimum lot area: 7,000 square feet.
B.
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. 2861 § 1 (part), 3/17/1995)
(See Chapter 14.40 PAMC.)
(Ord. 2861 § 1 (part), 3/17/1995)
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 six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of six feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. Vegetation within LID facilities may count towards this requirement. LID features encouraged to be located as to help provide separation between industrial and residential commercial uses.
D.
Trees shall be provided for the parking lot such that the tree canopy covers at least 20 percent of the total parking lot area after a period of five years, 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. 3572 § 14, 12/20/2016; Ord. 2861 § 1 (part), 3/17/1995)
This overlay zone is to provide alternative zoning regulations in industrial zones that permit and encourage design flexibility, conservation and protection of natural amenities, critical areas, and innovation in developments to those regulations found in the underlying zone. It is intended that a planned industrial development (PID) may result in a mixed use environment of higher quality than traditional single use industrial development by use of a design process that includes within the site design all the components of a mixed use neighborhood, such as open space, circulation, building types, a variety of uses, and natural features, in a manner consonant with the public health, safety and welfare. By providing an opportunity to develop or redevelop industrial zoned sites to incorporate mixed residential, commercial and light industrial uses together on the same site, open space amenities, convenient access to commercial needs and work opportunities, and efficient residential densities can be provided. A PID is not intended to provide areas exclusively for residential or commercial use in place of and to the exclusion of other uses allowed in the underlying industrial zone.
It is also intended that a PID 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 open space, commercial and residential uses that are not permitted in traditional industrial zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes.
Few heavy industrial uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with heavy industrial uses. This overlay zone provides for the opportunity to create self-contained mixed use neighborhoods with a variety of housing, commercial, and employment choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in industrial zones. These types of office, commercial, residential, and light industrial uses typically involve the need for a large campus-like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products, automobile dealerships and other land intensive uses, entertainment businesses with adult-only activities, and a variety of manufacturing, maintenance, and repair shops using hazardous materials are prohibited uses.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
PIDs may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all industrial zones that do not allow residential uses and may include land that is zoned PBP. A PID shall contain a minimum of one acre.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Residential uses allowed in the RHD Zone (PAMC 17.15.020) are allowed within a PID of less than 3.44 acres; provided that, for purposes of this chapter a single-family residence may be attached to another dwelling by common walls.
A.
Adult family homes.
B.
Multi-family dwellings, apartments, duplexes, dormitories, accessory residential units.
C.
Single-family residences.
(Ord. 3548 § 17, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The approval of a PID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this chapter. No approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PID, or modification or waiver of the requirements of PAMC Title 15 Environmentally Sensitive Areas Protection, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The following standards shall apply to all Planned Industrial 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. Streets intended to be public must meet the minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual.
B.
All PIDs that include residential uses shall devote at least 30 percent 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 PID. LID facilities may count towards the common usable open space not required for recreational purposes. Street rights-of-way, driveways, parking lots, environmentally sensitive areas, 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 PIDs that include residential uses and provide common open spaces, recreation facilities, private roads, utilities, parking areas or other similar developments within the boundaries of the PID shall provide for continuous and perpetual maintenance of those common amenities of the PID in form and manner acceptable to the City.
D.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PID may be sold to separate owners according to the separate lots as shown in the recorded plat that is approved in connection therewith. Development of all lots within the platted PID shall be as shown in the approved PID. No further subdivision of land within the PID will be permitted unless a formal amendment to the PID is approved.
E.
Conditional use permits shall be required of all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). No further conditional use permits, except home occupations, will be permitted within the PID unless a formal amendment to the PID is approved.
F.
For any underlying land use regulatory process that is consolidated through the PID 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 PID.
G.
To encourage design flexibility, conservation of natural amenities, and innovations that result in a higher quality environment than traditional development, site planning and architectural review that address the following criteria are required of all development in the PID. Where applicable, the design of a PID that includes residential uses 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 PIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3572 § 15, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Every PID shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per section 15.20.070.F and section 15.24.070.F.
(Ord. 3272, 2/16/2007)
The procedure for approval of a PID shall be composed of three steps:
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted after all conditions of preliminary approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval.
(Ord. 3742 § 5(Att. E), 12/17/2024; Ord. 3548 § 17, 1/5/2016; Ord. 3272, 2/16/2007)
Editor's note— Ord. 3742 § 5(Att. E), adopted Dec. 17, 2024, repealed § 17.31.080 entitled "Pre-application review," which derived from Ord. 3272, adopted Feb. 16, 2007.
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 residential or commercial uses, that 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 six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. LID features encouraged to be located as to help provide separation between industrial and residential commercial uses.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
(Ord. 3572 § 15, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The application for a PID shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;
B.
A narrative explaining the proposed use or uses of the land and building, including, but not limited to, 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; types of commercial structures and required parking; and an explanation of any covenants, continuous maintenance provisions, and/or homeowners association for the project;
C.
A survey of the property showing existing features, including, but not limited to, total site area, contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas and existing land uses;
D.
If the site has been previously used as an industrial site where petroleum products, pesticides, or other hazardous chemicals or products were used or stored, a soil survey indicating the location and amounts of pollution on the site. When hazardous levels of pollutants are found, a clean-up or remediation plan is required;
E.
A vegetation survey of the property by either: (a) an aerial photograph of the property in a scale acceptable to the City that identifies significant groupings of trees and unusual or fine specimens of their species; or (b) a survey of all trees over 12 inches in trunk diameter measured at four feet above the ground; as determined by DCED, 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 that are unusual or fine specimens of their species.
4.
In general wooded areas where minor improvements are proposed, a survey of trees over 12 inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements.
F.
Preliminary site plans and calculations including, but not limited to:
1.
Existing and proposed contours at five-foot intervals,
2.
Location and principal dimensions of buildings,
3.
Total footprint area of buildings,
4.
Size and location of open space areas,
5.
Size and location of environmentally sensitive areas,
6.
Size and location of recreation areas,
7.
Size and location of paved areas using permeable paving systems,
8.
Landscape areas,
9.
Subdivision platting and general arrangement of lots,
10.
Density of project expressed as residential units per acre.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC;
H.
If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria for environmentally sensitive areas of section 15.20.070, and for wetland buffer areas of section 15.24.070;
I.
Preliminary elevation and perspective drawings of project structures;
J.
A preliminary utilities plan, including fire hydrant locations;
K.
A preliminary storm drainage plan with calculation of impervious areas;
L.
A parking 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;
M.
A phasing plan if the project is designed to be completed in phases.
(Ord. 3742 § 5(Att. E), 12/17/2024; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The Hearing Examiner's decision on a PID shall be approval, denial, or approval with modifications or conditions in written form based upon compliance with section 17.31.050 and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
B.
The proposed development will, through the improved utilization of open space, natural topography, densities, landscaping and integrated circulation systems, create a mixed use environment of higher quality than that normally achieved by traditional development.
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.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
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. 3742 § 5(Att. E), 12/17/2024; Ord. 3548 § 17, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Editor's note— Ord. 3548 § 17, adopted Jan. 5, 2016, deleted § 17.31.170 entitled "City Council action—Preliminary development plans", which derived from: Ord. 3272, adopted Feb. 16, 2007; and Ord. 3180 § 1 (part), adopted Dec. 17, 2004.
Application for final approval of a PID shall be submitted within two years of development plan approval; provided that for phased PID's each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to Community and Economic Development Department, and the Community and Economic Development Director may approve, one or more one-year extensions as deemed appropriate. The site must be under one ownership prior to final approval, and the application for final approval must be made by the owners of the entire site. The application shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the PID is developed.
B.
Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, environmentally sensitive areas, stormwater management structures and facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section.
C.
Final development plans, that shall be in compliance with the approved preliminary development plans.
D.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
E.
Development schedule for future phases.
F.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
(Ord. 3548 § 17, 1/5/2016; Ord. 3517 § 5, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The Building Division shall issue building permits for buildings and structures that conform to the approved final development plans for the PID and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PID.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
This is an industrial zone intended to create and preserve areas for industrial uses that are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for non-industrial uses.
(Ord. 3272, 2/16/2007; Ord. 3123 § 18, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2329 § 1 (part), 3/11/1985)
A.
Manufacturing buildings for:
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.
Microbreweries.
8.
Assembly of mobile and modular homes and home components.
9.
Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components.
B.
Retail buildings:
1.
Adult entertainment businesses.
2.
Auto and truck service stations, gasoline service islands.
3.
Chain saw sales and service stores.
4.
Cocktail lounges and taverns.
5.
Restaurants and cafes.
6.
Retail sales, such as hardware stores, lawn and garden equipment and supplies, hand tools, building, electrical, and plumbing materials and supplies.
C.
Wholesale distribution:
1.
Warehouse buildings and yards.
2.
Wholesale stores.
D.
Services:
1.
Building maintenance and janitorial services buildings.
2.
Equipment rental stores, including heavy equipment.
3.
Funeral homes and mortuaries.
4.
Laundry and dry cleaners buildings.
5.
Machinery maintenance and repair shops.
6.
Mini-warehouses.
7.
Business and professional offices.
8.
Research and development laboratories.
9.
Storage yards and maintenance shops for builders, contractors, and governmental agencies.
10.
Small animal veterinary clinics, offices and kennels.
E.
Transportation and communication:
1.
Airports, airport terminals and related facilities.
2.
Freight companies terminals.
3.
Household moving and storage buildings.
4.
Mass transit terminals.
5.
Off-street business parking structures and lots.
6.
Parcel delivery service buildings.
7.
Printing, publishing, and book-binding buildings.
8.
Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops.
9.
Utility buildings and structures.
F.
Other:
1.
Shipping containers used for storage.
2.
Artisan manufacturing.
(Ord. 3577 § 1, 3/21/2017; Ord. 3332 § 8, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 14, 1/30/2004; Ord. 3123 § 19, 10/11/2002; Ord. 3059 § 4 (part), 7/28/2000, Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 3, 9/30/1994; Ord. 2796 § 12, 2/11/1994; Ord. 2742 § 1, 1/29/1993; Ord. 2636 § 8, 5/15/1991; Ord. 2329 § 1, (part), 3/11/1985)
Accessory uses, including commercial caretaker units determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2921 § 14, 6/28/1996; Ord. 2329 § 1, (part), 3/11/1985)
A.
Manufacturing buildings for:
1.
Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils and dairy products.
2.
Pharmaceutical and drug products.
3.
Plastic and other synthetic products.
4.
Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops and machine shops.
B.
Other:
1.
Agricultural uses, defined as commercial farming and animal husbandry.
2.
Fire stations.
3.
Off-premises outdoor advertising signs.
4.
Public juvenile detention facilities, where:
a.
The average daily noise levels (LDN) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and
b.
The existing and potential industrial uses will not adversely impact the detention center.
5.
Public parks and recreation facilities, where:
a.
The average daily noise levels (LDN) do not exceed 45 decibels for interior portions of the buildings;
b.
There are no existing industrial uses in the vicinity which would adversely impact the use; and
c.
In the event a change in circumstances is found by the Planning Commission that would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease.
6.
Radio towers exceeding 35 feet.
7.
Social service agencies providing 24-hour residential care, where:
a.
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;
b.
There are no existing industrial uses in the vicinity that would adversely impact the residential use; and
c.
In the event a change in circumstances is found by the Planning Commission that would result in potential adverse impacts on or land use conflicts to an approved residential use, the conditional use permit shall become void, and the residential use shall cease.
8.
Small scale sawmills, where:
a.
The sawmill, including the sawmill site and the total area of operations, occurs on an area of one-half acre or less, including the storage of logs and finished products;
b.
The gross weight of the sawmill is no greater than 10,000 pounds;
c.
The hours of operation are limited from 7:00 a.m. to 6:00 p.m. Monday through Friday;
d.
All lighting is directed away from residential areas;
e.
Noise levels comply with Chapter 173-60 WAC, to the extent applicable; and
f.
Wood waste management is conducted to avoid excessive accumulation of wood waste.
9.
Artist work/live studios where the residential use is subordinate to the working studio use.
10.
Other uses compatible with the purpose of this chapter.
(Ord. 3272, 2/16/2007; Ord. 3155 § 15, 1/30/2004; Ord. 3079 § 1, 4/27/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2821 § 1, 7/15/1994; Ord. 2756 § 2, 4/16/1993; Ord. 2752 § 4, 3/26/1993; Ord. 2671 § 1, 1/31/1992; Ord. 2648 § 1, 8/30/1991; Ord. 2551 § 1, 10/25/1989; Ord. 2329 § 1 (part), 3/11/1985)
A.
Minimum lot area: 7,000 square feet.
B.
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 building height: 35 feet.
(Ord. 3572 § 16, 12/20/2016; Ord. 2329 § 1 (part), 3/11/1985)
(See Chapter 14.40 PAMC.)
(Ord. 2329 § 1 (part), 3/11/1985)
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. Such a screen shall be to a height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. LID features encouraged to be located to help provide separation between industrial and residential commercial uses.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
E.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 16, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2666 § 7, 1/17/1992; Ord. 2329 § 1 (part), 3/11/1985)
This is the least restrictive industrial zone intended to be the area that heavy industry could develop while causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult-only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical.
(Ord. 3548 § 18, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 19, 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 6 (part), 1/17/1992)
A.
Automobile body, fender, laundry, paint shops and wrecking yards.
B.
Bakeries, wholesale.
C.
Battery rebuild, tire repair and recapping.
D.
Boiler works.
E.
Book, newspaper and magazine printing and publishing.
F.
Bottling plants, creameries.
G.
Cabinet and carpenter shops.
H.
City pound (animal shelter).
I.
Draying, freight and trucking yards and terminals.
J.
Dry cleaning: clothes, carpets, rugs, laundries.
K.
Night club, pool hall, dance hall, boxing arena, arcade, shooting gallery, adult entertainment business, or similar amusement enterprise.
L.
Sawmills, paper mills, pulp mills.
M.
Ship building, storage, repair, boat havens, marinas.
N.
Storage yards; building materials, tractors, trucks, boats, equipment.
O.
Transportation or freight terminal.
P.
Truck, trailer, tractor, and motorcycle, repairing, overhauling, rental, or sales.
Q.
Utility buildings and structures.
R.
Small animal veterinary clinics, offices, and kennels.
S.
Aggregate quarry facility.
T.
Warehousing, distributing plants.
U.
Wood products manufacture.
V.
Manufacturing, processing, packing, storage of:
1.
Alcohol.
2.
Brick, tile or terra-cotta.
3.
Brooms, brushes.
4.
Celluloid or similar cellulose materials.
5.
Cloth, cord or rope.
6.
Concrete.
7.
Electrical products and appliances.
8.
Food and food products.
9.
Kelp reduction.
10.
Lumber.
11.
Machinery.
12.
Paper and pulp.
13.
Prefabricated buildings.
14.
Signs, all types.
15.
Salt works.
16.
Vegetable or other food oil.
W.
Shipping containers used for storage.
X.
Artisan manufacturing.
(Ord. 3577 § 1, 3/21/2017; Ord. 3441 § 9, 11/15/2011; Ord. 3332 § 9, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3059 § 4 (part), 7/28/2000; Ord. 3053 § 3, 6/16/2000; Ord. 3042 § 3 (part), 1/28/2000 Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Accessory uses, including commercial caretaker units, determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2921 § 15, 6/28/1996)
A.
Distillation of wood, coal or bones or manufacture of any of their by-products.
B.
Fire stations.
C.
Fuel yards subject to the limitations contained in PAMC 14.21.030.B.
D.
Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030.A.
E.
Manufacturing, processing, packing, storage of:
1.
Asphalt.
2.
Chemicals.
3.
Ceramics.
4.
Drugs, pharmaceuticals.
5.
Perfumes.
6.
Paint, varnish, oil, turpentine.
7.
Plastics.
8.
Soap and soap products, toiletries.
9.
Tar roofing or waterproofing.
F.
Sale of marine supplies.
G.
Off-premises outdoor advertising signs.
H.
Power, light or steam plant.
I.
Retail establishments incidental to a use permitted under section 17.34.020 when located on the same zoning lot as the permitted use.
J.
Restaurants, cafeterias.
K.
Artist work/live studios where the residential use is subordinate to the working studio use.
L.
Other uses compatible with the intent of this chapter.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2999 § 2 (part), 9/11/1998; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2806 § 1, 5/13/1994; Ord. 2752 § 5, 3/26/1993; Ord. 2668 § 6 (part), 1/17/1992; Ord. 2636 § 11, 15/15/1991)
A.
Minimum lot size: 7,000 square feet.
B.
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 when abutting commercial or residential zones. Unless deemed by the City to be impractical, ineffective, or unnecessary, buffers shall be provided between industrial and other uses in order to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air, water or odor pollution, objectionable visual material, or other such impacts.
C.
Maximum building height: 75 feet. Height in excess of 75 feet may be allowed by conditional use permit and may require increased setbacks.
D.
Maximum lot coverage: None.
(Ord. 3133, 12/27/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 4 9/30/1994; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
(See Chapter 14.40 PAMC.)
A.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
B.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 17, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
The purpose of this chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides for junk yards to be permitted through the conditional use permit process.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995)
Junk yards may be conditionally permitted only in an IL Industrial, Light or IH Industrial, Heavy Zone.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
No junk yard shall be permitted in the City of Port Angeles without obtaining a conditional use permit.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Unless otherwise specified by the Hearing Examiner, a solid, site-obscuring fence, which may include vegetation or landform, at least seven feet or more in height shall be constructed on or within five feet of the rear and side property lines and the front yard setback line, which shall be a distance of 50 feet from all street rights-of-way. No storage or display of any junk, appliance, article, merchandise, or vehicle shall be permitted outside of said required fence.
(Ord. 3548 § 19, 1/5/2016; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
There shall be a minimum lot area of three acres for each junk yard.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A minimum of ten off-street parking spaces shall be required for each junk yard.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, that are characterized as water-dependent or water related. Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water-dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or non-industrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and, therefore, heavy industrial manufacturing uses, that have significant nuisance factors, shall not be located in this zone.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
Emergency stations, including lighthouses, marine rescue, oil clean-up, and other facilities.
B.
Institutional facilities, including marine laboratories and yacht clubs.
C.
Marinas, including boat moorage, storage, repairs, sales, supplies, marine fueling, and other services to the boating public.
D.
Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, tanning salons and travel agency offices.
E.
Recreational facilities, including public parks and piers, aquariums, waterfront trails, and water enjoyment commercial recreation establishments.
F.
Restaurants, cafes, cafeterias, cocktail lounges, delicatessens and taverns.
G.
Specialty shops, such as antique, art supplies, bicycle, book, candy and ice cream, clothing, coffee and espresso, computer, florist, gift, hobby and toy, jewelry, kayak, pet, and video rental.
H.
Transportation terminals, including facilities for ferries, cruise ships, vehicle rentals, seaplanes, research vessels, mass transit, and other facilities for moving people not goods.
(Ord. 3180 § 1 (part), 12/17/2004)
Accessory uses determined by the Community and Economic Development Director to be compatible with the intent of this chapter are permitted.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
Business, professional, and governmental offices incidental to a use permitted under section 17.36.020 when located on the same zoning lot as the permitted use.
B.
Hotels, motels, convention centers and auditoriums.
C.
Residential structures that are permitted in the RHD Zone at the RHD density allowance area and dimensional requirements, except in areas designated as restricted cleanup sites.
D.
Upland aquaculture facilities.
E.
Warehousing and distribution facilities for goods and products.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
Area and dimensional requirements:
1.
Minimum lot area: 7,000 square feet.
2.
Minimum lot width: None.
3.
Setbacks:
Front: 25 feet.
Rear: 25 feet.
Side: 15 feet.
B.
Maximum lot coverage: None.
C.
Maximum building height: 35 feet.
(Ord. 3180 § 1 (part), 12/17/2004)
(See Chapter 14.40 PAMC.)
(Ord. 3180 § 1 (part), 12/17/2004)
A.
One business sign for each wall not to exceed one square foot for each horizontal lineal foot of the building wall upon which it is mounted or 300 square feet, whichever is less, shall be permitted.
B.
One freestanding, detached business sign, not exceeding 15 feet in height and 35 square feet in area shall be permitted.
C.
Each public and private directional, traffic, and warning attached and detached sign shall not exceed six square feet in area.
D.
Signs may be lighted, but not intermittent or flashing.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
A five-foot sidewalk accompanied by a minimum five-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
B.
All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining property or public right-of-way.
C.
A ten-foot wide buffer zone must be maintained from adjacent properties. This buffer zone shall not be used for storage, driveways, parking, or structures, except for fences. A visual screen, consisting of solid fencing, landscaping, or other materials shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. LID features encouraged to be located as to help provide separation between industrial and residential commercial uses.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
E.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 18, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The purpose of the Mixed Commercial Overlay Zone is to allow for a concentration of uses that, through a campus setting, offer a wider range of services and result in a higher quality development. The overlay zone is intended to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote redevelopment, infill, and functional innovation in mixed commercial developments that involve multiple associated structures and larger areas of land than lot by lot development. Such development needs to be both transit and pedestrian oriented and easily enhance and blend into the character of the surrounding neighborhood. It is intended that a Mixed Commercial Overlay (MCO) will result in a higher quality development than traditional lot-by-lot development. Such projects will use urban design components relative to walkability, access to transit, public amenities, and a variety of services and building types with attractive cohesive landscaping in a manner consonant with the public health, safety and welfare. Specific development components are required to be through a pre-approved site design.
MCOs smart growth practices provide for infill development that complements surrounding neighborhoods without following a standard system of public streets and lot design and provides opportunities for commercial neighborhood developments not usually permitted in standard commercial zones.
An MCO may combine a number of land use decisions such as conditional use permits, rezones, or subdivision into a single project review process to encourage a timely and coordinated public review process. The consolidation of permit review does not exempt an applicant(s) from meeting the regulations and submitting the fees and applications required for the underlying permit process(es). Legislative actions such as street vacations will require a separate process.
(Ord. 3508 § 1, 6/3/2014)
A.
Mixed Commercial Overlay (MCO): A site-specific development plan that has been approved by the City Council under the provisions of Chapter 17.37 of the Port Angeles Municipal Code.
B.
Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area.
(Ord. 3572 § 19, 12/20/2016; Ord. 3508 § 1, 6/3/2014)
MCOs may be established, subject to final approval of a proposed master plan in commercial or the public buildings and parks zones. A MCO shall contain a minimum of 3.44 acres (a standard City block). The site shall be composed of contiguous lots or parcels. Development must be consistent with the City of Port Angeles Comprehensive Plan and Land Use Map.
(Ord. 3508 § 1, 6/3/2014)
Those uses permitted in the underlying zoning district.
(Ord. 3508 § 1, 6/3/2014)
The approval of an MCO may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located (see PAMC section 17.94.010 for parcels with more than one zone) subject to the limitations of this chapter; however no approval shall include a modification, variance, or waiver of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. Modifications to the requirements of Title 15 PAMC (Environmentally Sensitive Areas Protection) must meet the standards of that chapter.
A.
On-site parking requirements shall be consistent with Title 14 of the Port Angeles Municipal Code. Parking requirements shall be evaluated for the entire project rather than for individual uses or structures. Shared parking for a variety of campus land users will be considered in review of this requirement.
B.
A height bonus (height allowed over that permitted by the underlying zone) shall be limited to a maximum of 45 feet, or one additional story, whichever is the least under the following circumstances:
1.
When below grade parking is created, the combined floor area of any floor above 35 feet is limited to 125 square feet times the number of underground parking spaces provided.
2.
When open space elements are increased above the minimum required, a ratio of one square foot of bonus height floor area for each square foot of open space will be allowed.
3.
Bonus height floor area may be increased by one square foot for each square foot of vegetated roof created by the project.
C.
Every structure shall be set back from exterior property lines per the underlying zone, except for structures exceeding 35 feet in height. Exterior setbacks for portions of a structure exceeding 35 feet in height shall be increased by two feet for each one-foot increase of building height over 35 feet.
D.
A detailed sign plan shall be submitted as part of the project master plan for approval.
1.
All signs proposed in the MCO shall comply with the provisions of Chapter 14.36 PAMC, Sign Ordinance.
2.
Sign design shall be coordinated throughout the development.
E.
Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as to minimize noise and odor impacts on the surrounding area. The Director may require measures such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking location or setback standards, design modification, limits on hours of operation or other similar measures to mitigate impacts.
F.
Required landscaping shall be compatible with neighboring properties. Landscaping shall be required to reduce the potential for erosion or excessive stormwater runoff, to minimize coverage of the site by impervious surfaces, to screen parking, or to reduce noise or the appearance of bulk and scale. Specific requirements of the landscape plan are found in subsection 17.37.090.F.
1.
An MCO shall retain a minimum 20 percent of the development as open space/landscaping.
a.
The open space counted toward this set-aside shall not include vegetated roofs that are inaccessible to the general public, right-of-way landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands except where plans vacate these public areas.
b.
Inherently unbuildable areas such as wetlands, floodplains, or other environmentally sensitive areas and buffers may be included in open space requirements. Where such areas exist, limited density transfer calculations per subsection 15.24.070.G. PAMC may be applied.
c.
Open space areas may include stormwater detention areas or landscaped swales, or vegetated roofs that are accessible to the general public.
2.
"Streetscaping" refers to urban roadway design and conditions as they impact the diverse range of street users and nearby residents. Streetscaping is an important component of the public realm, which helps define a community's aesthetic quality and identity.
a.
Streetscaping shall include shade trees planted between streets and sidewalks. Trees shall be chosen to maximize mature tree canopy and be planted at a spacing appropriate to the approved tree species.
b.
Landscape plans shall provide an adequate soil volume to support the mature trees in a sustainable healthy condition. Use of rigid cell systems are encouraged to provide adequate soil volume.
c.
Streetscaping shall be designed to provide easy pedestrian access between street parking and the sidewalk.
3.
Traffic and parking impacts shall be minimized. Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels.
4.
All MCOs shall be designed such that proposed structures blend into the character of the surrounding neighborhood.
a.
Loading areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties.
b.
Trash enclosures. Trash receptacle areas shall be enclosed by a six-foot-high privacy fence or masonry wall with gates.
5.
All MCOs 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 MCO in form and manner acceptable to the City.
6.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted MCO may not be sold to separate owners. No further subdivision of land within the MCO will be permitted unless a formal amendment to the MCO is approved.
7.
For any underlying land use regulatory process that is consolidated through the MCO overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require an amendment to the MCO.
G.
To encourage design flexibility, and innovations that result in a higher quality environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the MCO. Where applicable, the design of MCOs shall accomplish the following to the greatest extent possible:
1.
Provide amenities, including LID facilities, that complement the surrounding environment;
2.
Provide a walkable, active and transit-oriented environment that may include bicycle or pedestrian paths, proximity to public transit, children's play areas and common open space areas;
3.
The design of all open space areas and built structures shall be compatible with and complementary to the environment in which they are placed.
H.
Public art shall be included in all MCO proposals. A minimum value of one percent of the project value, to a maximum value of $50,000.00 is required of all MCO project proposals.
I.
All MCOs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3572 § 19, 12/20/2016; Ord. 3508 § 1, 6/3/2014)
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval shall be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
The MCO shall be established only in conjunction with a master plan which generally specifies the parameters for development of the property. The MASTER PLAN shall contain the following:
A.
The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land. The applicant, any authorized representative of the applicant, and if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer or engineer responsible for preparation of the plan.
B.
A narrative explaining the proposed use(s) of the land and buildings, including, but not limited to, documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of continuous maintenance provisions, for the project.
C.
A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses.
D.
Site plans showing proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Total area in lots and number of lots being created;
3.
Site coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings and their proposed use;
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas and total parking spaces proposed;
d.
Any areas paved with permeable paving systems;
e.
Location and percentage of common open space and landscaped area;
f.
Number of residential units (if proposed) and approximate square footage.
4.
Preliminary elevation and perspective drawings of all project structures;
5.
A preliminary utilities plan, including fire hydrant locations;
6.
A preliminary storm drainage plan with calculation of impervious areas.
F.
Landscape plan:
1.
A landscape plan shall be created for the entire site with more detailed plans for each development within the respective portions of the larger site. The plan shall include a consistent palette of planting materials for use throughout the development.
2.
Each lot/parcel must be landscaped so as to fit into the overall scheme of the MCO landscape, regardless of who owns the individual lot.
3.
The landscape plan shall include "significant" tree and native vegetation inventory. The inventory must be conducted prior to development. "Significant" trees are those with at least a three-inch diameter trunk at breast height (dbh) (four feet) above grade.
a.
All trees deemed as "significant" shall be protected during construction.
b.
A tree protection plan shall be included as part of the landscape plan showing root zone protection areas, appropriate methods to exclude construction impacts.
4.
Native plant and tree species. The use of native plant and tree species for landscaping is permitted and encouraged within the MCO. Specifically, drought-resistant plantings will eliminate the need for irrigation other than collected rainwater.
5.
Detailed specifications of plants and trees proposed for landscaping on-site.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H.
An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3508 § 1, 6/3/2014)
The following characteristics shall be among those used by the Director of the Department of Community and Economic Development to determine whether a use is functionally integrated with or substantively related to, the central mission of the use:
A.
Functional association of buildings;
B.
How well are proposed uses integrated with one another;
C.
Ease of physical circulation/access connections;
D.
Potential for shared facilities or staff;
E.
Degree of interdependence among uses;
F.
Similar or common functions, services or products;
G.
Proximity to areas previously developed under this MCO Code section.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions of the preliminary MCO shall be made in written form based upon compliance with section 17.19.050 PAMC and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
B.
The proposed development will, through the improved utilization of landscaping, and integrated circulation systems, create an environment of higher quality than that normally achieved by traditional lot by lot development.
C.
The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit-friendly environment.
D.
The proposed development will be compatible with adjacent, existing and future developments.
E.
All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development.
F.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
G.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
Editor's note— Ord. 3548 § 20, adopted Jan. 5, 2016, deleted § 17.37.130 entitled "City Council action—Preliminary development plans", which derived from Ord. 3508 § 1, adopted June 3, 2014.
Application for final approval of the MCO shall be submitted to Community and Economic Development Department within two years of preliminary development plan approval; provided that an applicant may apply to the Community and Economic Development Department, and the department may approve, one or more one-year extensions as may be deemed appropriate. For phased MCO's, each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Community and Economic Development Department, and the department may approve, one or more one-year extensions as may be deemed appropriate. The site must be under one ownership prior to final approval, or the application for final approval must be made by the owners of the entire site. The final submittal documents shall include the following:
A.
A title report showing ownership of the parcel or parcels upon which the MCO is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, on-site facilities and the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must be identified and meet the requirements of this section.
C.
Final development plans that shall be in compliance with the approved preliminary development plans.
D.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
E.
Development and phasing 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.
(Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
Editor's note— Ord. 3548 § 20, adopted Jan. 5, 2016, deleted § 17.37.160 entitled "City Council final action," which derived from Ord. 3508 § 1, adopted June 3, 2014.
The Building Division shall issue building permits for structures that conform with the approved final development plans and with all other applicable City and state ordinances and regulations. All common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of a final MCO.
(Ord. 3508 § 1, 6/3/2014)
This is a zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use, subject to environmental impact mitigation.
(Ord. 3123 § 21, 10/11/2002; Ord. 2668 § 7 (part), 1/17/1992)
A.
Bleachers, grandstands (subject to review by Planning Commission).
B.
Bridle trails.
C.
Cemeteries and crematoriums.
D.
Civic buildings and governmental offices.
E.
Common open space.
F.
Convention centers (publicly owned) and associated activities.
G.
Tire stations.
H.
Hospitals.
I.
Landfills, sanitary.
J.
Libraries.
K.
Marinas, boat storage, maritime and harbor activities.
L.
Municipal pool.
M.
Museums.
N.
Off-street parking structures and lots.
O.
Parks, greenbelts.
P.
Picnic areas and facilities.
Q.
Playfields.
R.
Playgrounds.
S.
Public recreation structures and facilities.
T.
Reservoirs.
U.
Schools and school related facilities.
V.
Residences which meet the requirements of the R7 District.
W.
Streets, sidewalks, trails and roads.
X.
Utility buildings and structures.
(Ord. 3710 § 1, 3/21/2023; Ord. 3155 § 16, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 13, 2/11/1994; Ord. 2702 § 2, 8/14/1992; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991; Ord. 2382 § 1, 3/15/1986; Ord. 1709 § 1 (part), 12/22/1970)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 2921 § 16, 6/28/1996)
A.
Quasi-public recreation structures and facilities.
B.
Other uses compatible with the intent of this chapter.
(Ord. 3155 § 17, 1/30/2004; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991)
A.
Minimum lot area: None.
B.
Minimum lot width: None.
C.
Setbacks: Minimum yard setbacks shall be no less than the adjacent zoning requirements, except that in the event the adjacent zone is PBP, setbacks shall be zero feet. No structure shall be placed within 15 feet of an alley.
D.
Maximum lot coverage: 50 percent.
E.
Maximum building height: 40 feet.
(Ord. 3736 § 1, 10/15/2024; Ord. 2977 § 1 (part), 12/26/1997; Ord. 2749 § 1, 2/26/1993; Ord. 2668 § 7 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
All outdoor storage areas shall be screened from public view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height; except sanitation receptacles associated with mechanized collection.
B.
All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-commercial property.
C.
A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least six feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
(Ord. 3572 § 20, 12/20/2016; Ord. 2977 § 1 (part), 12/26/1997)
Overhead lights, floodlights, etc., shall be constructed so as to shine away from neighboring property as far as is practical.
(Ord. 2668 § 7 (part), 1/17/1992; Ord. 2382 § 1 (part), 3/15/1986)
This overlay zone provides alternative zoning regulations that permit and encourage design flexibility. It is intended that a planned low impact development (PLID) will result in a high quality residential development by use of a design process that includes site design components of a residential neighborhood consonant with the public health, safety and welfare, and results in a binding approved site design.
A PLID is intended to manage stormwater through a land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic conditions. It is intended that techniques used will include minimizing impervious surfaces and effective impervious surfaces and encouraging the creation or preservation of permanent forested open space.
It is also intended that a PLID may combine a number of land use decisions such as critical areas protection, conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions. The consolidation of permit reviews does not exempt the applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. This overlay zone provides an opportunity to create residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design, and to develop residential neighborhoods that are harmonious with on-site and off-site natural and built environments while conserving natural conditions and features, and the use of appropriate new technologies and techniques. A PLID is intended to further the goals of the comprehensive land use plan by the use of accepted new technologies and techniques, the conservation of natural conditions and features, and the efficient layout of streets, utility networks and other public improvements.
(Ord. 3293, 8/31/2007)
A.
Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area.
B.
Neighborhood density: The number of dwelling units per acre allowed by a zone or zones.
C.
Planned low impact development (PLID): A site-specific development that has been approved by the City Council under the provisions of Chapter 17.44 of the Port Angeles Municipal Code.
D.
Townsite block: A block of 500-foot by 300-foot dimension or 3.44 acres as created by the original platting of the townsite of Port Angeles.
E.
Critical root zone (CRZ): Minimum area of protection around the trunk of a tree. The CRZ is based on the area that results from measuring, at diameter breast height (DBH) or 4.5 feet above the ground, 1.5 feet outwards from the trunk for every inch of trunk diameter.
(Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)
PLIDs may be established subject to final approval of a proposal for a specific parcel or parcels of land in all residential zones. A PLID shall contain a minimum of 21,000 square feet with densities permitted per the underlying zone and be within the guidelines of Table 17.44.025-2.
(Ord. 3293, 8/31/2007)
A.
Conformance to the following criteria is required for all developments reviewed under the provisions of this chapter:
Table 17.44 025 Notes.
1
Vegetated open space includes native, undisturbed areas, or rehabilitation of previously disturbed areas. Vegetated open space may integrate passive recreation facilities. Active recreation areas shall not count towards vegetated open space total.
2
Impervious areas as defined in section 17.08.
3
Multi-family projects are those projects containing more than two dwelling units attached in a single structure, regardless of ownership mechanism.
4
Multi-family and commercial projects must use permeable pavement for at least 20 percent of all paved surfaces, where feasible.
* Does not include density bonus per section 17.44.100
B.
Additional requirements:
1.
All projects with Type A (outwash) soils shall infiltrate 100-percent of runoff.
2.
All PLID projects shall provide a maintenance plan/program for the low impact development stormwater facilities and techniques that have been approved by the City and meets the stormwater requirements for new development and redevelopment projects in Chapters 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
Residential building types in a PLID include those permitted in the underlying zone or zones.
(Ord. 3293, 8/31/2007)
Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s).
(Ord. 3293, 8/31/2007)
The approval of a PLID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PLID, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC.
(Ord. 3293, 8/31/2007)
The following design objectives are included in the PLID standards:
A.
Lot size. Minimize area of site disturbance. The minimum lot size of the underlying zone may be modified to achieve the goals in section 17.44.010 PAMC.
B.
Lot width. Minimize street length. The minimum lot width of the underlying zone district may be modified to achieve the goals in section 17.44.010 PAMC.
C.
Building height. Minimize building footprint. Building height may exceed the standard in the underlying zone to a maximum of 20 percent; provided that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and significant public views.
D.
Building setbacks. Minimize impervious surfaces. The zoning setbacks may be modified to achieve the goals in section 17.44.010 PAMC.
E.
Site coverage. Minimize impervious surfaces. The total impervious area (TIA) of the site shall be limited to those allowed in Table 17.44.025-2. Additional coverage of the site shall be with pervious materials only. Any impervious area that is isolated by a minimum of 100 feet of native vegetation and is drained using approved dispersion techniques through the native vegetation area shall not be considered in the limit.
F.
The following standards shall apply to all PLIDs:
1.
All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Private street widths may vary from widths required in the subdivision regulations, and interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual.
2.
All PLIDs shall provide for continuous and perpetual maintenance of stormwater management facilities, common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PLID in a form and manner acceptable to the City.
3.
PLIDs that are not accompanied by a concurrent subdivision or short subdivision approval, shall record an easement or covenant against the land title to ensure that the low impact development features are protected.
4.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PLID may be sold to separate owners. No further subdivision of land within the PLID will be permitted unless a formal amendment to the PLID is approved.
5.
Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), small scale commercial uses allowed in the Commercial Neighborhood (CN) Zone and serving nearby residences may be considered for conditional use permit(s) during the PLID approval process. No further conditional use permits except home occupations, will be permitted within the PLID unless a formal amendment to the PLID is approved.
6.
For any underlying land use regulatory process that is consolidated through the PLID overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PLID.
7.
To encourage design flexibility, conservation of natural amenities and innovations that result in a higher quality residential environment than traditional subdivisions, comprehensive site planning is required of all development in the PLID. Where applicable, the design of PLIDs shall accomplish the following to the greatest extent possible:
a.
Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with Chapters 15.20 and 15.24 PAMC;
b.
Preserve scenic view corridors, both internal and external to the site to the greatest extent possible;
c.
The design of all open space areas and structures shall be compatible with and complementary to the environment in which they are placed.
8.
All PLIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
9.
The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize effective impervious surface, preserve forested open space, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features.
10.
All PLIDs shall comply with the stormwater requirements for new development and redevelopment projects in Chapters 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
(Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)
Low impact development site design is intended to mimic the predevelopment hydrologic conditions on the site. Site assessment and feasibility of LID BMPs shall be determined per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
Sites located in close proximity to the marine bluff, steep slopes, or landslide hazard areas may be considered inappropriate for PLID due to conditions whereby the use of infiltration of stormwater may result in unstable soil conditions.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
For the purposes of calculating required area, inundated lands shall not be included; however, other sensitive areas and their buffers may be included within the protected native growth area boundaries.
B.
Protected native growth areas shall be forested or reforested. Portions of a designated protected native growth area without existing tree canopy shall be planted at a density of 60 trees per acre. This requirement does not apply to wetlands or water bodies. The administrator may modify this requirement subject to site conditions. A tree planting plan shall be submitted for review and approval.
C.
Development within protected native growth areas shall be limited to stormwater dispersion facilities, pervious pedestrian trails, and approved surface water restoration projects. Activities within the protected native growth areas shall be limited to passive recreation, removal of invasive species, amendment of disturbed soils consistent with all applicable regulations, and planting of native vegetation. Development shall be consistent with critical areas requirements and restrictions in Chapter 15.20 PAMC and Chapter 15.24. PAMC.
D.
A permanent protective mechanism shall be legally established to ensure that the required protected native growth area is preserved and protected in perpetuity in a form that is acceptable to both the applicant and the City and filed with Clallam County Auditor's Office. A permanent protected native growth area shall be established using one of the following mechanisms:
1.
Placement in a separate non-building tract owned in common by all lots within the subdivision;
2.
Covered by a protective easement or public or private land trust dedication;
3.
Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection 17.44.070.D.1. of this section as determined by the approval authority;
E.
Restrictions on the future use of the protective native growth area shall be recorded on the face of the final plat or short plat.
(Ord. 3293, 8/31/2007)
A.
The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable.
B.
Except as otherwise provided in subsection C below, areas that have been cleared and graded or subject to prior disturbance shall meet the post-construction soil quality and depth requirements in the Department of Ecology's SWMMWW (2014), or most recent update.
C.
This section does not apply to areas within the critical root zone (CRZ) of trees proposed for retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. Mulch shall be applied to any area within the CRZ or dripline of trees where the duff layer and organic matter are removed.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
To achieve the goals of low impact development, residential lots shall be clustered within the designated development area of the site. Clustering is intended to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers, as defined in Chapters 15.20 PAMC and 15.24 PAMC. Preservation of open space reduces potential stormwater runoff and associated impacts and provides area for dispersion, filtration and infiltration of stormwater.
B.
The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight-line or highway strip patterns.
(Ord. 3293, 8/31/2007)
Every PLID shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. The density bonus may only be allowed if maximum percentage of total impervious surface listed in Table 17.44.025-2 are met. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F. Residential density shall meet or exceed the maximum allowed density of the next lowest density zone.
(Ord. 3293, 8/31/2007)
A.
Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of City of Port Angeles road standards. Deviations from the City of Port Angeles Public Works standards may be granted subject to the following criteria:
1.
Approval by the City of Port Angeles Public Works and Utilities and Fire Departments;
2.
A bioretention facility shall be provided within the right-of-way or in islands created by loop roadways. If a bioretention facility is not feasible, other LID facilities may be considered.
B.
Loop roadways are encouraged to minimize impervious surfaces, facilitate emergency vehicle access, and provide vegetated areas to help manage stormwater.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
Parking space requirements shall conform to the requirements of Chapter 14.40. If parking cannot be accommodated on-site, common parking areas must be incorporated on approved privately maintained easement areas using permeable pavement where feasible.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
Alternative surfacing including, but not limited to: paving blocks, bark or wood mulch, turf block, plastic or other material grid systems, and other similar approved materials are encouraged and may be approved for appropriate applications. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads where appropriate unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the City of Port Angeles Public Works and Utilities Department and Fire Marshal for compliance with other applicable regulations and development standards.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
Land alteration may commence when in compliance with City of Port Angeles site development regulations.
B.
Drainage plans and improvements shall be in compliance with City of Port Angeles drainage standards and NPDES permit requirements.
(Ord. 3293, 8/31/2007)
Editor's note— Ord. 3572 § 21, adopted Dec. 20, 2016, deleted § 17.44.160 entitled "Site assessment and concept plan," which derived from Ord. 3293, adopted Aug. 31, 2007.
All procedural processes are outlined in Chapter 18.02 PAMC.
(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3293, 8/31/2007)
Editor's note— Section 17.44.170 was amended in its entirety by Ord. 3742, and was formerly entitled "Pre-application review."
The application for a PLID shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, or apartments and 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. The narrative shall include information explaining how 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 and how the proposed development will be compatible with adjacent, existing, and future developments.
C.
A survey of the property containing the information required in subsections 17.44.160.A through H, plus:
1.
Existing buildings or structures;
2.
Existing streets, utility easements, rights-of-way;
3.
Existing land uses.
D.
Preliminary site plans showing the following:
1.
Location and dimensions of proposed buildings, building setbacks, open space, recreation areas, parking areas, and circulation patterns;
2.
Landscape areas and landscape areas used for stormwater management.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Nonresidential structures.
b.
Roadway and sidewalk paved surfaces area;
c.
Parking lot and other impervious areas;
d.
Any areas paved with permeable paving systems.
3.
Total area in lots and area of individual lots;
4.
Number of residential units proposed;
5.
Total number of lots being created;
6.
Density of site expressed as residential units per acre.
F.
Landscape plan including a tree planting plan and a tree protection plan for existing vegetation.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H.
If a developer elects to obtain additional density credits for environmentally sensitive areas, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.
I.
A preliminary utilities plan, including fire hydrant locations.
J.
A small project stormwater plan or large project stormwater plan that meets Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual, site development standards and NPDES permit requirements.
K.
An off-street parking plan and circulation plan showing:
1.
All means of vehicular and pedestrian ingress and egress to and from the site;
2.
Number and location of off-street parking spaces;
3.
Size and location of driveways, streets, sidewalks, trails and parking spaces;
4.
Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
A complete State Environmental Policy Act (SEPA) checklist.
B.
A traffic study prepared by an engineer licensed in Washington State, if required by the Public Works and Utilities Department at the pre-application conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS. This does not preclude the possibility that a traffic study may be required at a later stage in the process.
C.
The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose is to identify the method of maintenance, not to require detailed agreements. Maintenance criteria for stormwater treatment and flow control facilities and LID BMPs shall be per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
D.
If the maintenance is to be provided privately, the developer shall indicate the organization to be established to provide the maintenance, and the method and approximate amount of funding required.
E.
Draft instruments for permanent preservation of protected native growth areas and maintenance of low impact development facilities.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
The Hearing Examiner's decision of approval, denial, or approval with modifications or conditions shall following a public hearing, be made in written form, and shall be based upon compliance with section 17.44.050 and the following criteria:
A.
The proposed development will comply with the policies of the Comprehensive Plan, zoning ordinance, and other development regulations of the PAMC.
B.
All necessary on-site and off-site municipal utilities, services, and facilities, existing and proposed, shall be adequate to serve the proposed development.
C.
Internal streets serving the proposed development shall be adequate to serve anticipated traffic levels, and the street system of the proposed development shall be functionally connected by an improved collector street to at least one improved arterial street.
D.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)
Editor's note— Ord. 3548 § 21, adopted Jan. 5, 2016, deleted § 17.44.230 entitled "City Council action—Preliminary development plans," which derived from Ord. 3293, adopted Aug. 31, 2007.
Application for final approval of a PLID shall be submitted to the Community and Economic Development Department within two years of the preliminary development plan approval; provided that, for phased PLID's each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Community and Economic Development Department, for one or more one-year extensions as the department may deem appropriate. The site must be under one ownership prior to final approval by the Hearing Examiner. The application for final approval must be made by the owners of the entire site and shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed.
B.
Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet this requirement.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
Final corrected plans ("as-builts") that are stamped, signed, and dated by a licensed engineer registered in the State of Washington that accurately represent the stormwater infrastructure installed including bioretention facilities, permeable pavement, vegetated roofs, rainwater harvesting systems, and/or newly planted or retained trees for which a flow reduction credit was received.
F.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC.
G.
Development schedule.
H.
If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City.
I.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3517 § 6, 10/21/2014; Ord. 3293, 8/31/2007)
Once the PLID receives final approval pursuant to 17.44.250 PAMC, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PLID, shall be bound by the conditions attending the approval of the development and the provisions of this chapter.
(Ord. 3293, 8/31/2007)
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the PLID and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PLID.
(Ord. 3293, 8/31/2007)
The Infill Overlay Zone (IOZ) is designed to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote infill, maximum density, attainable housing, and functional innovation in developments that are both transit and pedestrian oriented and which blend into the character of the existing neighborhoods. It is intended that an IOZ will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process that includes within the site design all the components of an urban residential environment, such as walkability, access to transit, and a variety of building types, in a manner consonant with the public health, safety and welfare and results in a specifically approved site design.
IOZ's are aimed to implement smart growth practices on infill or redevelopment sites that are surrounded by existing development and infrastructure. It is also intended that an IOZ may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for attainable higher densities than is required or may be permitted between single-family and multi-family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes.
Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. Incorporation of conditionally permitted commercial neighborhood uses and mixed use developments can be achieved through the IOZ review. This overlay zone provides for the creation of infill developments and smaller self-contained residential neighborhoods that complement the existing neighborhood without following a standard system of public streets and lot design and with opportunities for residential and commercial neighborhood developments not usually permitted in residential zones.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.45.011 entitled "Definitions," which derived from Ord. 3458 § 22, adopted Jan. 5, 2016, and Ord. 3294, adopted Aug. 31, 2007.
IOZs may be considered when the subject property is:
A.
Located in the RHD, RMD and RS-7 residential districts.
B.
Contain a minimum lot area of 20,000 square feet.
C.
If composed of more than one lot or parcel, they should be contiguous.
D.
Not part of a subdivision receiving final plat approval within the preceding five years.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
All principal, accessory and conditional uses permitted in the underlying zone(s) are allowed in IOZs.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.45.031 entitled "Conditional uses," which derived from Ord. 3294, adopted Aug. 31, 2007.
The approval of an IOZ may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance, or waiver of the setback areas required by the underlying zone along the exterior property lines of the IOZ, of the environmental requirements as included in Title 15 of the PAMC and of any building permit, clearing and grading permit and stormwater permit requirements.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
The following standards shall apply to all IOZs:
A.
All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum street design standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual, with exception to minimum street widths. Street widths may vary from widths required if they achieve the goals of the IOZ. All requests for variations to street widths must obtain approval by the City Engineer. In suitable locations, common parking areas may suffice without the provision of interior streets. Off-street parking requirements should be consistent with Title 14 of the Port Angeles Municipal Code.
B.
All IOZs shall devote at least 20 percent of residential units to attainable housing.
C.
All IOZs shall provide for a mechanism to ensure that attainable housing remains attainable in perpetuity. Such mechanism shall be approved by the Director of Community and Economic Development and be stipulated on the final plat.
D.
Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowner's association.
E.
All IOZs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas, and other similar development within the boundaries of the IOZ in form and manner acceptable to the City.
F.
All IOZs shall ensure that proposed structures blend into the residential character of the surrounding neighborhood. Multi-family uses in a predominately single-family neighborhood should simulate a single-family residence in appearance.
G.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted IOZ may be sold to separate owners. No further subdivision of land within the IOZ will be permitted unless a formal amendment to the IOZ is approved.
H.
Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), commercial neighborhood uses (as permitted per section 17.21.040 PAMC) may be considered for conditional use permit(s) during the IOZ approval process. No further conditional use permits except home occupations will be permitted within the IOZ unless a formal amendment to the IOZ is approved.
I.
For any underlying land use regulatory process that is consolidated through the IOZ overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the IOZ.
J.
To encourage design flexibility, maximum density, and innovations that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the IOZ. Where applicable, the design of IOZs shall accomplish the following to the greatest extent possible:
1.
Maximize the urban density of the underlying zone;
2.
Provide affordable housing and attainable housing that complements the surrounding residential environment;
3.
Provide a walkable, active, and transit oriented environment including, but not limited to, bicycle or pedestrian paths, proximity to public transit, children's play areas, and common open space areas;
4.
Preserve scenic view corridors, both internal and external to the site; and
5.
Ensure the design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed.
K.
All IOZs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3577 § 1, 3/21/2017; Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007)
Every IOZ shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. Where possible maximum density of the underlying zone shall be attained. All IOZs shall exceed the minimum density per Table 17.45.060 A. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F.
Table 17.45.060 A—Minimum and Maximum allowable densities
(inclusive of 2 unit bonus)
(Ord. 3294, 8/31/2007)
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval.
(Ord. 3742 § 8(Att. H), 12/17/2024; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007)
The application for an IOZ shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; inclusion of attainable housing and mechanisms for perpetuity; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project.
C.
A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses.
D.
Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site building coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Nonresidential structures;
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas;
d.
Any areas paved with permeable paving systems;
3.
Total area in lots;
4.
Landscape plan showing:
a.
Common open space area, including any LID facilities (must be five percent of site);
b.
Detailed specifications of trees and landscaping on-site;
5.
Number and location of off-street parking;
6.
Number of residential units proposed and approximate square footage;
7.
Total number of lots being created;
8.
Density of site expressed as residential units per acre.
F.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
G.
If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.
H.
Preliminary elevation and perspective drawings of project structures.
I.
A preliminary utilities plan, including fire hydrant locations.
J.
A preliminary storm drainage plan with calculation of impervious areas.
K.
An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 8(Att. H), 12/17/2024; Ord. 3572 § 22, 12/20/2016; Ord. 3548 § 22, 1/5/2016; Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007)
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions shall be in written form based upon compliance with section 17.19.050 and the following criteria:
A.
The proposed development will comply with the policies of the Comprehensive Plan and further attainment of the objectives and goals of the Comprehensive Plan.
B.
The proposed development will, through the improved utilization of housing densities landscaping, and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision.
C.
The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit-friendly environment.
D.
The proposed development will be compatible with adjacent, existing and future developments.
E.
All necessary municipal utilities, services and facilities, existing and proposed, are adequate to serve the proposed development.
F.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
G.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3742 § 8(Att. H), 12/17/2024; Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007)
Editor's note— Ord. 3548 § 22, adopted Jan. 5, 2016, deleted § 17.45.130 entitled "City Council action—Preliminary development plans", which derived from Ord. 3294, adopted Aug. 31, 2007.
Application for final approval of the IOZ shall be submitted to the DCED within two years of preliminary development plan approval; provided, that for phased IOZ's each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the DCED, and the department may approve, one or more one-year extensions as the Director may deem appropriate. Extension approvals shall be made in writing. The site must be under one ownership prior to final approval by the DCED, and the application for final approval must be made by the owners of the entire site. The application shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the IOZ is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, and on-site facilities. If development is to be done in phases, each phase must be identified and meet the requirements of this section.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
F.
Development and phasing schedule.
G.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
H.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 22, 1/5/2016; Ord. 3517 § 7, 10/21/2014; Ord. 3294, 8/31/2007)
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the IOZ and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final IOZ.
(Ord. 3294, 8/31/2007)
A.
Findings. The Council of the City of Port Angeles finds that:
1.
Within Port Angeles there are insufficient housing opportunities, including affordable and multi-family housing opportunities; and
2.
Adoption of the ordinance from which this chapter derives will help to increase and improve residential opportunities, including affordable and multi-family housing opportunities, within the City of Port Angeles.
B.
Purpose. The purposes of this chapter are to:
1.
Encourage more multi-family housing opportunities, including affordable housing opportunities, within the City;
2.
Stimulate the construction of new multi-family housing and the rehabilitation of existing vacant and underutilized buildings for multi-family housing opportunities;
3.
Increase the supply of mixed-income, multi-family housing opportunities within the City;
4.
Promote community development, neighborhood revitalization, and availability of affordable housing; and
5.
Encourage additional housing density in areas that are consistent with planning for public transit systems.
C.
Any one or a combination of these purposes may be furthered by the designation of residential target areas under this chapter.
(Ord. 3618 § 1, 2/5/2019)
The following definitions shall apply to this chapter:
1.
"Affordable housing," means residential housing, that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low or moderate-income households.
2.
"Assessor" means the Clallam County Assessor.
3.
"Building codes" means the City building and construction codes as set forth in Title 14 PAMC.
4.
"City" means the City of Port Angeles.
5.
"Council" means the Port Angeles City Council.
6.
"Director" means the City's Director of the Community and Economic Development Department and any authorized designee.
7.
"Household" means a single person, family or unrelated persons living together.
8.
"Local housing standards" means the International Property Maintenance Code, as adopted by the City of Port Angeles.
9.
"Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, for Clallam County, as reported by the United States Department of Housing and Urban Development.
10.
"Growth Management Act" means Chapter 36.70A RCW.
11.
"Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than 80 percent of the median family income adjusted for family size, for Clallam County, as reported by the United States Department of Housing and Urban Development.
12.
"Multiple-unit housing" means a single lot or a building or a group of buildings having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multi-family units may result from the combination of new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings or lots to multi-family housing.
13.
"Owner" means the property owner of record as filed with the Clallam County Assessor's Office.
14.
"Permanent residential occupancy" means multi-unit housing that provides either rental or owner occupancy on a non-transient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis.
15.
"Rehabilitation improvements" means modifications to existing structures that are vacant for 12 months or longer, or modification to existing occupied structures which convert non-residential space to residential space and/or increase the number of multi-family housing units.
16.
"Residential targeted area," also "residential target area," means an area within the City's urban governmental center that has been designated by the Council as lacking sufficient, available, desirable, and convenient residential housing to meet the needs of the public.
17.
"Substantial compliance" means compliance with all local building, fire and zoning code requirements, which are typically required for rehabilitation as opposed to new construction.
18.
"Urban governmental center" is an identifiable district containing several business establishments, adequate public facilities, and a mixture of uses and activities where residents may obtain a variety of products and services. For Port Angeles, the urban governmental center includes the entire incorporated area of the City.
A.
Criteria. Following public notice and a public hearing, the Council may, in its sole discretion, designate one or more residential target areas. Each designated target area must meet the following criteria, as determined by the Council:
1.
The target area is within an urban governmental center;
2.
The target area lacks sufficient available, desirable, and convenient residential housing, including multi-family and affordable housing, to meet the needs of the public who would be likely to live in the urban governmental center if affordable, desirable, attractive, and livable residences were available;
3.
The providing additional housing opportunity in the target area will assist in achieving one or more of the following purposes:
a.
Encourage increased residential opportunities within the target area, including mixed income and affordable housing opportunities; or
b.
Stimulate the construction of new multi-family housing and/or the rehabilitation of existing vacant and underutilized buildings for multi-family housing; or
c.
Where appropriate, stimulate the construction, rehabilitation or conversion of existing vacant and underutilized multi-family rental units to owner occupied multi-family housing as such property redevelops.
4.
In designating a residential target area, the Council may also consider other factors, including, but not limited to: whether additional housing, including affordable housing units, in the target area will attract and maintain an increase in the number of permanent residents; whether an increased permanent residential population in the residential targeted area will help to achieve the goals and policies described in the City's comprehensive plan or mandated by the Growth Management Act under Chapter 36.70A.020 RCW; whether encouraging additional housing in the target area is consistent with public transportation plans; and whether additional housing may contribute to revitalization of distressed neighborhoods or areas within the target area.
5.
When designating a residential target area, the Council shall give notice of a hearing to be held on the matter and that notice shall be published once each week for two consecutive weeks, not less than seven days nor more than 30 days before the date of the hearing. The notice must state the time, date, place and purpose of the hearing and generally identify the area proposed to be designated.
B.
Target area standards and guidelines. For each designated residential target area, the Council shall adopt and implement basic requirements for both new construction and rehabilitation, including the application process and procedures. The Council may also adopt guidelines including the following:
1.
Requirements that address demolition of existing structures and site utilization;
2.
Building requirements that may include elements addressing parking, building height, residential density, access to alternative transportation facilities, environmental impact, public benefit features, compatibility with the surrounding properties, and other site layout and design amenities intended to enhance the livability of the residential target area;
3.
More stringent income eligibility, rent, or sale price limits, including limits that apply to a higher percentage of units than the minimum conditions under PAMC 17.46.100.
The required amenities shall be proportional to the size of the proposed project and the tax benefit to be obtained.
C.
Designated residential target areas. The following areas, as depicted in Figure 1 and the City's adopted map known as "Residential Targeted Areas," have been designated as residential target areas in the City by resolution adopted by the City Council on January 15, 2019.
Figure 1
(Ord. 3618 § 1, 2/5/2019)
A.
Duration of exemption. For properties for which applications are submitted under Chapter 84.14 RCW, the value of improvements qualifying under this chapter is exempt from ad valorem property taxation as follows:
1.
For eight successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate;
2.
For 12 successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under Chapter 84.14 RCW and meets the conditions in this subsection. For the property to qualify for the 12-year exemption under this subsection, the applicant must commit to renting or selling at least 20 percent of the multi-unit housing units as affordable to low and moderate income households as set forth below:
a.
Owner occupancy. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate-income households during the authorized exemption period.
b.
Rental occupancy. In the case of projects intended for rental occupancy, the minimum requirement of this subsection must be satisfied based on affordability requirements outlined in PAMC 17.46.040.C.9.
B.
Limits on exemption. The exemption does not apply to the value of land or to the value of non-housing related improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land and non-qualifying improvements, or to increases made by lawful order of the Clallam County Board of Equalization, the Washington State Department of Revenue, State Board of Tax Appeals, or Clallam County, to a class of property throughout the county or a specific area of the county to achieve uniformity of assessment or appraisal as required by law. In the case of rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to submission of the completed application as required under PAMC 17.46.050. The incentive provided by this chapter is in addition to any other incentives, tax credits, grants, or other incentives provided by law.
C.
Project eligibility. To be eligible for exemption from property taxation, the property must satisfy all of the following requirements:
1.
Applications. The Director shall have exclusive authority to determine whether an application is complete. Only complete applications are eligible to be considered for the tax exemptions authorized by this chapter.
2.
Size. The project must include multi-family housing within a residential structure or as part of a mixed-use development. This requirement can be satisfied either by constructing a minimum of four new units in a residential structure, or constructing or converting at least four additional multi-family units to existing occupied multi-family housing. Additionally, this requirement can be satisfied by increasing the number of residential units on a lot to four, excluding ADUs or other accessory housing types. Existing multi-family housing that has been vacant for 12 months or more does not have to provide additional units so long as the project provides for occupancy at least four units of new, converted, or rehabilitated multi-family housing.
3.
Tenant displacement prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. Existing dwelling units proposed for rehabilitation must have been unoccupied for a minimum of 12 months prior to submission of application and must have two or more violations of the applicable City building codes. Applications for new construction cannot be submitted for vacant property upon which an occupied residential rental structure previously stood, unless a minimum of 12 months has elapsed from the time of most recent occupancy.
4.
Permanent residential housing. At least 50 percent of the space designated for multi-family housing must be provided for permanent residential occupancy, as defined in PAMC 17.46.020.
5.
Proposed completion date. New construction multi-unit housing and rehabilitation improvements must be scheduled to be completed within three years from the date of approval of the application.
6.
Compliance with guidelines and standards. The project shall be designed to comply with the City's comprehensive plan, building, housing, and zoning codes, the standards and guidelines adopted by the Council for the residential target area, and with any other applicable regulations in effect at the time the application is approved.
7.
Historic resource protection.
a.
Applications for new construction that require the demolition of structures listed in the local, state or national register, or identified as contributing to an historic district in the City's historic property survey are not eligible for the multi-family tax exemption.
8.
Affordability. Projects intended for rental occupancy seeking a 12-year tax exemption shall provide 20 percent of the multi-unit housing to households whose adjusted income is at or below 80 percent of median family income adjusted for family size in Clallam County.
9.
Contract. The applicant must enter into a contract with the City, approved by the Director, under which the applicant agrees to the implementation of the development on terms and conditions consistent with this chapter and Chapter 84.14 RCW and satisfactory to the Director.
A.
For properties that qualified for, satisfied the conditions of, and utilized the exemption under PAMC 17.46.040.A.2, following the initial exemption period or the extension period authorized in this section, the exemption period may be extended for an additional 12 years for projects that are within 18 months of expiration contingent on City approval. For the property to qualify for an extension under this section, the applicant must meet at a minimum the locally adopted requirements for the property to qualify for an exemption under PAMC 17.46.040.A.2 as applicable at the time of the extension application, and the applicant commits to renting or selling at least 20 percent of the multi-family housing units as affordable housing units for low-income households.
B.
At the end of both the tenth and eleventh years of an extension, for 12-year extensions of the exemption, applicants must provide tenants of rent-restricted units with notification of intent to provide the tenant with rental relocation assistance:
1.
Except as provided in B of this section, for any 12-year exemption authorized under PAMC 17.46.040.A.2 after July 25, 2021, or for any 12-year exemption extension authorized under this section, at the expiration of the exemption the applicant must provide tenant relocation assistance in an amount equal to one month's rent to a qualified tenant within the final month of the qualified tenant's lease. To be eligible for tenant relocation assistance under this subsection, the tenant must occupy an income-restricted unit at the time the exemption expires and must qualify as a low-income household under this chapter at the time relocation assistance is sought.
2.
If affordability requirements consistent, at a minimum, with those required under PAMC 17.46.040.A.2 remain in place for the unit after the expiration of the exemption, relocation assistance in an amount equal to one month's rent must be provided to a qualified tenant within the final month of a qualified tenant's lease who occupies an income-restricted unit at the time those additional affordability requirements cease to apply to the unit.
C.
No new exemptions may be provided under this section beginning on or after January 1, 2032. No extensions may be granted under subsection A of this section on or after January 1, 2046.
(Ord. 3710 § 1(Att. A), 3/21/2023)
A.
The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation is for 20 successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this section:
1.
At least 25 percent of the units must be built by or sold to a qualified nonprofit or local government that will assure permanent affordable homeownership. The remaining 75 percent of units may be rented or sold at market rates;
2.
Permanently affordable homeownership units or permanently affordable rental units must be sold or rented to households earning no more than 80 percent of the average median income for the City or local jurisdiction in which the unit is located;
3.
The City may assign and collect an administration fee at each point of sale to cover the administrative costs for oversight of the program to maintain permanently affordable housing units consistent with this section;
4.
The exemptions in this section do not include the value of land or nonhousing-related improvements not qualifying under this chapter;
5.
For purposes of this section, "permanently affordable homeownership" means homeownership that, in addition to meeting the definition of "affordable housing" in RCW 43.185A.010, is:
a.
Sponsored by a nonprofit organization or governmental entity;
b.
Subject to a ground lease or deed restriction that includes:
i.
A resale restriction designed to provide affordability for future low and moderate-income homebuyers;
ii.
A right of first refusal for the sponsor organization to purchase the home at resale; and
iii.
A requirement that the sponsor must approve any refinancing, including home equity lines of credit; and
c.
Sponsored by a nonprofit organization or governmental entity and the sponsor organization:
i.
Executes a new ground lease or deed restriction with a duration of at least 99 years at the initial sale and with each successive sale; and
ii.
Supports homeowners and enforces the ground lease or deed restriction.
B.
The Department of Commerce must develop a template for permanent affordability for home or condo ownership through deed restrictions that can be used by the City to ensure compliance with this section.
C.
No new exemptions may be provided under this section beginning on or after January 1, 2032.
(Ord. 3710 § 1(Att. A), 3/21/2023)
A.
The owner of property applying for exemption under this chapter shall submit an application to the Director, on a form established by the Director. The owner shall verify the application by oath or affirmation. The application shall contain such information as the Director may deem necessary or useful.
B.
In the case of rehabilitation or where demolition or new construction is required, the owner shall secure from the City, before commencement of rehabilitation improvements or new construction, verification of property noncompliance with applicable building and housing codes.
C.
To encourage development of housing pursuant to this chapter, the City is waiving all fees for applications made pursuant to this chapter.
D.
The Director shall notify the applicant within 30 days of the application being filed if the Director determines that an application is not complete and shall identify what additional information is required before the application will be complete. Within 30 days of receiving additional information, the Director shall notify the applicant in writing if the Director determines that the application is still not complete, and what additional information is necessary.
E.
An application shall be deemed to be complete if the Director does not notify the applicant in writing by the deadlines in this section that the application is incomplete; however, a determination of completeness does not preclude the Director from requiring additional information during the review process if more information is needed to evaluate the application according to the criteria in this chapter.
F.
Application review and issuance of conditional certificate. The Director may certify as eligible an application if the Director finds that:
1.
A minimum of four new units are being constructed, or in the case of occupied rehabilitation or conversion, the development results in a at least four residential units being located on a single lot;
2.
If applicable, the proposed multi-unit housing project meets the affordable housing requirements as described in RCW 84.14.040.A;
3.
The proposed project is, or will be at the time of completion, in conformance with all local laws and regulations that apply at the time the application is approved;
4.
The owner has complied with all standards and guidelines adopted by the City under this chapter;
5.
The site is located in a residential targeted area of an urban center that has been designated in accordance with procedures and guidelines indicated in RCW 84.14.040; and
6.
That the proposed project otherwise complies with the requirements of this chapter and Chapter 84.14 RCW.
G.
A decision to approve or deny an application shall be made within 90 days of receipt of a complete application.
1.
Approval. If an application is conditionally approved, the applicant shall enter into a contract with the city regarding the terms and conditions of the project as provided in PAMC 17.47.040.A.9. The Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate expires three years from the date of approval unless an extension is granted as provided in this chapter.
2.
Denial. The Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten days of the denial. The applicant may appeal the Director's decision to the hearing examiner. If so, the City's Hearings Examiner shall conduct the appeal hearing and grant or deny the appeal within 30 days of receipt of notice. The appeal before the Hearings Examiner will be based upon the record before the Director, and the Director's decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Director's decision.
The conditional certificate may be extended beyond its initial three-year term by the Director for a period not to exceed 24 consecutive months. The applicant must submit a written request stating the grounds for the extension, accompanied by the fee as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A. No conditional certificate shall be is eligible for more than one such extension. An extension may be granted if the Director determines that:
1.
The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner;
2.
The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence;
3.
The project will comply with the City's development regulations, building, housing, and zoning codes, and any other applicable regulations in effect at the time the extension of the conditional certificate is granted; and
4.
All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project.
(Ord. 3719 § 1, 9/5/2023; Ord. 3710 § 1(Att. A), 3/21/2023; Ord. 3618 § 1, 2/5/2019)
A.
Upon completion of the rehabilitation improvements or new construction as provided in the contract between the applicant and the City, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the applicant may request a final certificate of tax exemption. The applicant shall file with the Director such information as the Director may deem necessary or useful to evaluate eligibility for the final certificate, and shall include:
1.
A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property;
2.
A description of the completed work with evidence of final City inspection of all work completed and a statement of qualification for the exemption;
3.
A statement that the work was completed within the required three-year period or any authorized extension; and
4.
If applicable, a statement that the project meets the affordable housing requirements as described in this chapter.
B.
Issuance of final certificate. Within 30 days of receipt of all materials required for a final certificate, the Director shall determine whether the completed work, and the affordability of the units, is consistent with the contract between the City and owner and is qualified for exemption under this chapter.
1.
If the director determines that the project has been completed in accordance with the contract between the applicant and the City and the requirements of this chapter, including, if applicable, affordable housing requirements, the City shall file a final certificate of tax exemption with the assessor within ten days of the expiration of the 30-day period provided under subsection C of this section.
2.
The Director is authorized to require the applicant or owner to record, in the real property records of the Clallam County Assessor, the contract with the City required under PAMC 17.46.040.A.8, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the Director deems appropriate for recording.
3.
The Director shall notify the applicant in writing that the City will not file a final certificate if the Director determines that the project was not completed within the required three-year period or any approved extension, was not completed in accordance with the contract between the applicant and the City and the requirements of this chapter, if applicable, that the affordable housing requirements as described this chapter were not met, or if the owner's property is otherwise not qualified.
C.
Within 14 days of receipt of the Director's denial of a final certificate, the applicant may file an appeal with the hearing examiner, as provided in PAMC 2.56.050.B. The applicant may appeal the hearing examiner's decision to Clallam County Superior Court, if the appeal is filed within 30 days of receiving notice of the Hearing Examiner's decision.
(Ord. 3618 § 1, 2/5/2019)
A.
Within 30 days after the first anniversary of the date of filing the final certificate of tax exemption and each year thereafter, for the tax exemption period, the property owner, or the qualified nonprofit or local government that will assure permanent affordable homeownership for at least 25 percent of the units for properties receiving an exemption under RCW 84.14.021, shall file a notarized declaration with the Director indicating the following:
1.
A statement of occupancy and vacancy of the multi-family units during the previous year; and
2.
A certification that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements of this chapter since the date of filing of the final certificate of tax exemption, and continues to be in compliance with the contract with the City and the requirements of this chapter; and
3.
A description of any subsequent improvements or changes to the property; and
4.
A report on affordable housing utilization, if applicable, including:
a.
The total monthly rent or total sale amount of each unit produced;
b.
The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied units at the time of purchase for each of the units receiving a tax exemption; and
c.
Any additional information requested by the City in regards to the units receiving a tax exemption.
B.
City staff shall have the right to conduct on-site verification of the declaration.
C.
Failure to submit the annual declaration may result in the tax exemption being canceled.
D.
The City shall report annually by December 31st of each year to the Washington State Department of Commerce as required by RCW 84.14.100(2).
A.
If at any time the Director determines that the property no longer complies with the terms of the contract or with the requirements of this chapter, or for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalty imposed pursuant to state law.
B.
Upon determining that a tax exemption shall be canceled, the Director shall notify the property owner by certified mail, return receipt requested.
1.
The property owner may appeal the determination by filing a notice of appeal with the Hearings Examiner within 30 days, specifying the factual and legal basis for the appeal.
2.
The Hearing Examiner will conduct a hearing at which all affected parties may be heard and all competent evidence received.
3.
The Hearing Examiner will affirm, modify or repeal the decision to cancel the exemption based on the evidence received. The Hearing Examiner shall give substantial weight to the Director's decision and the burden of overcoming that weight shall be upon the appellant.
4.
An aggrieved party may appeal the Hearing Examiner's decision to the Clallam County Superior Court as provided in RCW 34.05.510 through RCW 34.05.598.
C.
If the property owner sells the affordable multi-family housing units, the new property owner shall file with the City a report indicating that the unit was purchased at a value affordable to low and moderate income persons, to continue to comply with the 20 percent requirement of RCW 84.14.020(1)(ii)(B).
D.
If the owner intends to convert the multi-family housing to another use, or if applicable, if the owner intends to discontinue compliance with the affordable housing requirements as described in RCW 84.14.020(1)(ii)(B), or any other condition to exemption, the owner must notify the Director and the Assessor within 60 days of the change in use or intended discontinuance. If after the issuance of a final tax certificate an owner-occupied multi-family housing unit that initially qualified as a low or moderate-income unit is sold and no longer qualifies as an affordable housing unit, that unit shall lose its tax exempt status and all prior exempt taxes and penalties and interest shall become a lien on the property per RCW 84.14.110 and the subsequent owner shall no longer qualify for the tax exemption. The remaining units' tax exemption status shall not be affected.
E.
The Director may adopt administrative policies and procedures which are not inconsistent the provisions of this chapter and Chapter 84.14 RCW, to implement the reporting requirement for this section.
(Ord. 3618 § 1, 2/5/2019)
A.
Not later than the last day of January, 2022, the Director shall report to the Council about the utilization and consequences of the tax exemption created by this chapter. Such report shall include the number of applications filed, the number of tax exemptions granted, the number of housing units created or rehabilitated, and any facts that indicate whether the tax exemption program created by this chapter should, or should not, continue to be available past the last day of February, 2022, as now provided in subsection 17.46.040.C.1.
B.
If and when five projects have been granted tax exemptions under this chapter, the Director shall report to the Council about the utilization and consequences of the tax exemption created by this chapter. Such report shall include the number of applications filed, the number of projects successfully completed, the number of housing units created or rehabilitated, and any additional facts that indicate whether the tax exemption program created by this chapter is achieving any of the purposes identified in subsection 17.46.010.B.
(Ord. 3618 § 1, 2/5/2019)
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. 3059 § 3 (part), 7/28/2000)
A.
"Adult entertainment business" includes 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.
"Commercial zones" includes the Commercial, Office (CO) Zone, the Commercial, Neighborhood (CN) Zone, the Community Shopping District (CSD) Zone, the Commercial, Arterial (CA) Zone, and the Central Business District (CBD) Zone.
C.
"Industrial zones" includes the Industrial Park (1P) Zone, the Industrial, Light (IL) Zone, and the Industrial, Heavy (IH) Zone.
D.
"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.
E.
"Residential zone" includes the Residential, Single-family (RS-7 and RS-9) Zones, the Residential Trailer Park (RTP) Zone, the Residential, Medium Density (RMD) Zone, and the Residential, High Density (RHD) Zone.
(Ord. 3059 § 3 (part), 7/28/2000)
A.
Adult entertainment businesses shall be prohibited in all residential and commercial zones.
B.
Adult entertainment businesses shall be permitted in industrial zones, if the adult entertainment business is located no closer than 500 feet from another adult entertainment business, whether such business is located within or outside the City limits, no closer than 500 feet from any residential zone, whether such zone is located within or outside the City limits, and no closer than 500 feet from any of the following uses, whether such uses are located within or outside the City limits:
1.
Public park, including public recreation trail;
2.
Public library;
3.
Child day-care center, preschool, or nursery school;
4.
Public or private primary or secondary school (grades K—12); and
5.
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.
C.
If, after the adoption of this chapter, a public park or library, child day-care facility, a school or church should chose to locate in a zone that authorizes adult entertainment businesses, it shall do so at its own risk and without the protection of the separation requirements of this chapter.
D.
The distances provided in this section shall be measured by the shortest pedestrian route following improved public rights-of-way from the nearest point of the property parcel upon which an adult entertainment business is to be located to the nearest point of a property parcel of a use or zone from which an adult entertainment business is to be separated.
(Ord. 3059 § 3 (part), 7/28/2000)
All signs shall be in compliance with the regulations for such signs as set forth in Chapter 14.36 Sign Code Requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication.
(Ord. 3123 § 23, 10/11/2002; Ord. 3059 § 3 (part), 7/28/2000)
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. 3059 § 3 (part), 7/28/2000)
A.
The Communications Act of 1934 as amended by the Telecommunication Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
1.
The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and
2.
The regulation of radio signal interference among users of the RF spectrum.
B.
The City's regulation of wireless telecommunications towers and facilities in the City will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
The general purpose of this ordinance is to regulate the placement, construction, and modification of wireless telecommunications towers and facilities in order to protect the health, safety and welfare of the public, while at the same time encouraging the development of the competitive wireless telecommunications marketplace in the City.
B.
The specific purposes of this ordinance are:
1.
To allow the location of wireless telecommunication towers and facilities in the City;
2.
To protect residential zones from potential adverse impact of towers and telecommunications facilities;
3.
To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;
4.
To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
5.
To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities;
6.
To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound;
7.
To ensure that towers and telecommunications facilities are compatible with surrounding land uses; and
8.
To overcome the potential adverse impacts that poorly or unregulated telecommunications facilities could have on the public health, safety and welfare.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
The following shall be considered exempt structures or activities under this chapter:
A.
Parabolic or other similar antenna 39.37 inches (one meter or less) diameter or less regardless of zone.
B.
Parabolic or other similar antennas 78.74 inches (two meters) in diameter or less located in nonresidential zones.
C.
Panel, wave, or other similar antennas ten square feet or less regardless of zone.
D.
Whip or other similar antennas six feet in height and up to two inches in diameter.
E.
Antennas designed to receive local television broadcast signals regardless of zone category.
F.
Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within public right-of-way. Low-powered, networked telecommunications facilities shall comply with Chapter 11.14 PAMC.
G.
Send and receive citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators.
H.
Industrial, scientific and medical equipment using frequencies regulated by the FCC.
I.
Military, federal, state and local government communication towers used for navigational purposes, emergency preparedness, and public safety purposes.
J.
Normal, routine and emergency maintenance and repair of existing wireless communications facilities and related equipment which do not increase the size, footprint, or bulk of such facilities and which otherwise comply with City, state and federal law and regulations.
K.
Cell on wheels (COW), which are permitted as temporary testing uses in nonresidential areas of the City for a period not to exceed 30 days, or in residential areas for a period not to exceed one day, or during a period of emergency as declared by the City.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Towers may be located in any zone with approval of an unclassified use permit (UUP). Co-location shall be given first priority and may be required. The use of public properties shall be subject to approval by the City and the City's determination that the public's intended use of the site will not be unreasonably hindered. Application for an unclassified use permit shall be made to the Department of Community and Economic Development in the manner provided in this chapter. An application to locate a new tower shall be accompanied by technical information identifying and documenting the need for such a location per subsection 17.52.025.C PAMC.
B.
Towers may not exceed the maximum height allowed for structures in any residential zone unless a modification has been approved per section 17.52.085 PAMC. Towers shall be permitted to a height of 60 feet in commercial zones except in the Central Business District zone where the maximum height allowed shall be 45 feet. In industrial, public buildings and parks, and forest lands zones, towers shall be permitted to a height of 60 feet, and towers may be permitted in excess of 60 feet to a height of 120 feet in accordance with a modification approved per section 17.52.085 PAMC.
C.
An application to develop a new tower shall be by unclassified use permit and shall include the following information:
1.
The name, address, and telephone number of the owner and lessee of the parcel of land upon which the proposed tower is to be situated. If the applicant is not the owner of the parcel of land upon which the proposed tower is to be situated, the written consent of the owner shall be evidenced in the application. If the applicant is not the owner of the property, a copy of the preliminary lease agreement is required to be provided with the application. A copy of the final agreement shall be submitted prior to issuance of a building permit for the structure.
2.
The legal description, parcel number, and address of the parcel of land upon which the proposed tower is to be situated.
3.
The names, addresses, and telephone numbers of all owners of other towers or antenna support structures, capable of supporting the applicant's telecommunications facilities, within 300 feet of the proposed tower site, including City-owned property.
4.
A description of the design plan proposed by the applicant in the City. Applicant must identify whether or not it is utilizing the most compact, or least obtrusive, technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for the proposed tower and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.
5.
An affidavit shall be submitted attesting to the fact that the applicant made diligent efforts to obtain permission to install or co-locate the proposed telecommunications facilities on existing towers or antenna support structures located within a one-half mile radius of the proposed tower site, but, due to physical, economic, or technological constraints, no such existing tower or antenna support structure is available or feasible.
6.
Written technical evidence from an engineer(s) of the tower's capability of supporting additional telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the proposed tower.
7.
A written statement from an engineer(s) that the construction and placement of the proposed tower and telecommunications facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.
8.
It shall be a condition of the UUP approval that certification by the applicant will meet the standards set forth in section 17.52.035, "Structural Requirements."
9.
A written statement by the applicant stating the tower and telecommunications facilities will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
10.
A written statement by the applicant that the tower will accommodate co-location of additional antennas for future users at a reasonable, market-based cost. If accommodation of future co-location is not proposed, information must be submitted with the application detailing why future co-location is not possible.
11.
In order to assist the Department of Community and Economic Development and Planning Commission in evaluating visual impact, the applicant shall submit color photo-simulations showing the proposed site with a photo-realistic representation of the proposed tower and telecommunications facilities as it would appear viewed from the closest residential property and from adjacent roadways.
12.
The City may require a qualified, independent third-party review (by a City-approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant.
13.
The Act gives the FCC sole jurisdiction of the regulation of RF emissions and does not allow the City to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.
14.
At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall telecommunications network within the City. This shall include a service area coverage chart for the proposed tower and telecommunications facilities that depicts the extent of coverage and corresponding signal quality at the proposed tower height and at least one height lower than that proposed.
15.
A preliminary construction schedule and completion date.
16.
Copies of any environmental documents required by any federal, state, or local agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
17.
A full site plan shall be required for all towers, showing the location, the specific placement of the tower on the site, the type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures.
18.
Applicants for new communications towers shall contact all law enforcement, fire, and other public safety and emergency services agencies within the City prior to application submittal to determine whether or not the agencies are interested in co-location and, if so, what the agencies specifications are. If any such agency decides to co-locate, then any new towers approved under this chapter shall be designed for, and the owner shall not deny, co-location.
D.
The City shall review applications in a prompt manner and all decisions shall be made in writing and setting forth the reasons for approval or denial.
E.
Decisions on unclassified use permits require a public hearing. The public hearing shall be conducted before the Planning Commission following which the Planning Commission shall render a decision supported by findings of fact and conclusions of law. Appeal of the Planning Commission's decision must be submitted within 14 days to the Department of Community and Economic Development for consideration by the City Council.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
B.
Setback requirements may be modified, as provided in section 17.52.085 PAMC, when placement of a tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees, which may visually hide the tower.
C.
Unless exempt from section 17.52.020 PAMC, telecommunications facilities shall be setback at least 25 feet from each lot line. The Community and Economic Development Director may grant a waiver of up to 25 percent of the setback requirement if it is determined that significant trees and other vegetation will be retained by reducing the setback.
D.
Towers in excess of 60 feet in height shall be set back one additional foot per each foot of tower height in excess of 60 feet.
(Ord. 3089 § 1 (part), 6/29/2001)
It shall be a condition of the unclassified use permit (UUP) that all towers must be designed and certified by an engineer to be structurally sound and, at a minimum, in conformance with the Building Code and any other standards set forth in this chapter. All towers shall be fixed to land.
(Ord. 3089 § 1 (part), 6/29/2001)
For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of City jurisdictional boundaries.
A.
Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to the Zoning Code:
1.
Monopole tower structures shall be separated from other telecommunications towers by a minimum of 750 feet.
2.
Self-supporting lattice or guyed tower structures shall be separated from other telecommunications towers by a minimum of 1,500 feet.
B.
Tower separation distances from any property that is zoned residential shall be set back one foot for each foot of tower height.
C.
Separation or buffer requirements may be modified as provided in section 17.52.085 PAMC.
(Ord. 3089 § 1 (part), 6/29/2001)
Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from average grade.
(Ord. 3089 § 1 (part), 6/29/2001)
Towers shall not be artificially lighted except as specified by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance from the tower which is three times the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA.
(Ord. 3089 § 1 (part), 6/29/2001)
Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the Planning Commission.
(Ord. 3089 § 1 (part), 6/29/2001)
All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The City may require on-site landscaping in excess of the requirements in the Zoning Code in order to enhance compatibility with adjacent land uses. Tower development shall preserve the pre-existing character of the site as much as possible. Towers and accessory equipment structures (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved to the extent possible or improved upon to provide vegetative screening.
The perimeter of a wireless communication support structure and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height. Evergreen trees shall be planted surrounding the support structure in a manner approved by the Community and Economic Development Director. In the RS-7 and RS-9 Zones, the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site-specific conditions.
(Ord. 3089 § 1 (part), 6/29/2001)
Telecommunications facilities may be permitted on any tower or antenna support structure. Application for a conditional use permit shall be made to the Department of Community and Economic Development in the manner provided in this chapter for telecommunications facilities that are not exempt per section 17.52.020 PAMC. The applicant shall, by written certification to the Department of Community and Economic Development, establish the following at the time plans are submitted for a building permit:
A.
A conditional use permit application to develop telecommunications facilities shall include the following:
1.
The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower or antenna support structure is situated. If the applicant is not the owner of the parcel of land upon which the tower or antenna support structure is situated, the written consent of the owner shall be evidenced in the application.
2.
The legal description, parcel number and address of the parcel of land upon which the tower or antenna support structure is situated.
3.
A description of the design plan proposed by the applicant. The applicant must identify whether or not it is utilizing the most compact, or least obtrusive, technological design, including microcell design, as part of the design plan.
4.
A written statement from an engineer(s) that the construction and placement of the telecommunications facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.
5.
It shall be a condition of any conditional use permit approval that the applicant shall provide certification that the proposed structure will meet the standards set forth in section 17.52.035 PAMC.
6.
A written statement by the applicant stating the telecommunications facilities will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
7.
In order to assist the Department of Community and Economic Development and Hearing Examiner in evaluating visual impact, the applicant shall submit color photo-simulations showing the tower or antenna support structure with a photo-realistic representation of the proposed telecommunications facilities, as it would appear viewed from the closest residential property and from adjacent roadways.
8.
At the request of the Department of Community and Economic Development, the City may require a qualified, independent third-party review (by a City-approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant.
9.
The Act gives the FCC sole jurisdiction of the regulation of RF emissions and does not allow the City to condition or deny on the basis of RF Impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.
10.
A preliminary construction schedule and completion date.
11.
Copies of any environmental documents required by any federal agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
12.
A full site plan shall be required for all sites, showing the location, the specific placement, type and height of the proposed telecommunications facilities, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed telecommunications facilities, the location of existing towers and antenna support structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures.
B.
Telecommunications facilities that are not appurtenant structures and that are located above the top of the antenna support structure shall be appropriately screened from view through the use of panels, walls, fences, setbacks from the edge of the antenna support structure or other screening techniques approved by the City. Screening requirements shall not apply to stealth antennas that are mounted below the top of the antenna support structure but which do not protrude more than 18 inches from the side of such an antenna support structure.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
A.
A tower existing prior to the effective date of this ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified, provided that:
1.
The tower is being modified for the sole purpose of accommodating, within six months of the completion of the modification, additional telecommunications facilities comparable in size to the discrete operating telecommunications facilities of any person currently installed on the tower and with a surface area not to exceed the previous facilities.
2.
An application for a development permit is made to the Department of Community and Economic Development which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.
3.
The height of the modified tower and telecommunications facilities attached thereto does not exceed the existing height of the tower and facilities as of the date of this ordinance or as hereafter amended, whichever is higher.
B.
Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days without being brought into compliance with this chapter. This chapter shall not be interpreted to legalize any structure or use existing at the time this ordinance is adopted which structure or use is in violation of the Zoning Code prior to enactment of this ordinance.
(Ord. 3517 § 8, 10/21/2014; Ord. 3089 § 1 (part), 6/29/2001)
A.
All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Port Angeles Municipal Code and federal and state law. For new towers, such certification shall be submitted with an application pursuant to section "development of towers" of this chapter.
B.
The City or its agents shall have authority to enter onto the property upon which a tower is located, to inspect the tower for the purpose of determining whether it complies with the Building Code and all other construction standards provided by the Port Angeles Municipal Code and federal and state law.
C.
The City reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
B.
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.
C.
All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
D.
All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed construction personnel.
E.
All towers shall maintain compliance with current RF emission standards of the FCC.
F.
In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Notwithstanding the tower requirements provided in this chapter, a modification to the development standards may be approved by the Hearing Examiner as an unclassified use in accordance with the following:
1.
In addition to the requirement for a tower application, the application for modification shall include the following:
a.
A description of how the proposed plan addresses any adverse impact that might occur as a result of approving the modification.
b.
A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the proposed modification.
c.
A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.
d.
For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for co-location, and the result of such attempts.
e.
The Department of Community and Economic Development may require the application to be reviewed by a qualified, independent engineer under contract to the City to determine whether the antenna study supports the basis for the modification requested. The cost of review by the engineer shall be reimbursed to the City by the applicant.
2.
The Hearing Examiner shall consider the application for modification based on the following criteria:
a.
That the tower as modified will be compatible with and not adversely impact public health and safety of surrounding areas.
b.
Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.
c.
In addition, the Hearing Examiner may include conditions on the site where the tower is to be located if such conditions are necessary to mitigate any adverse impacts which arise in connection with the approval of the modification.
B.
In addition to the requirements of subsection A. of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following:
1.
In the case of a requested modification to the setback requirement, section 17.52.030 PAMC, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land.
2.
In the case of a request for modification of the separation and buffer requirements of section 17.52.040 PAMC, that written technical evidence from an engineer(s) demonstrates that the proposed tower must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system, and that the applicant is willing to create approved landscaping and other buffers to screen the tower.
3.
In the case of a request for modification of the height limit for towers or to the minimum height requirements for antenna support structures, that the modification is necessary to: (i) facilitate co-location of telecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than 120 feet shall be approved in any case.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
A.
If any tower shall cease to be used for a period of 365 consecutive days, the Department of Community and Economic Development shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Hearing Examiner that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the City shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.
B.
To secure the obligation set forth in this section, the applicant (and/or owner) shall post a performance bond for the purpose of ensuring adequate removal of the tower upon termination of its use. The performance bond shall be equal to or greater than 150 percent of the estimated cost of removal of the tower, but not less than $1,000.00. Proof of performance bonds shall be submitted prior to final permit approval.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
The use of a temporary wireless service facility may be permitted for up to six months by the Community and Economic Development Director. A temporary wireless service facility is the use of equipment such as a COW or an antenna on a bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a personal wireless facility. Such temporary facility may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a personal wireless facility or for providing communications during an emergency.
(Ord. 3089 § 1 (part), 6/29/2001)
The foregoing regulations pertaining to the several zones must be subject to the general provisions, conditions, and exceptions contained in this chapter.
(Ord. 3688 § 36, 12/21/2021; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 1, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
A.
De minimis variance: Adjustment to the lot area of no more than five percent of the minimum lot size established by the underlying zone.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2666 § 8 (part), 1/17/1992; Ord. 2238 § 2, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.030 entitled "Use of lots or parcels containing more than minimum required lot area," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3272, adopted Feb. 16, 2007; Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 3, adopted Jan. 3, 1983; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
Every wrecking, salvage, junk, used lumber yards, equipment and material storage yards must be completely enclosed within a building or within a continuous solid fence no less than six feet in height or to a greater height if such height is needed to screen completely all the operations of such yards.
B.
Salvage and building material establishments must contain all items for display or sale within a structure or behind a sight-obscuring fence not less than six feet in height. No part of any required front, side or rear yard setbacks must be used for the sale or display of any said items.
(Ord. 3688 § 36, 12/21/2021; Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.94.040 entitled "Measurement of front and side yards", and enacted a new section as set out herein. The former § 17.94.040 derived from Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 5, adopted Jan. 3, 1989; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
Vacated streets, alleys, places and cul-de-sacs must assume the zone classifications of the property that adjoined such street, alley, place or cul-de-sac prior to vacation. Where zone classification differs from one side to the other the boundary line must be at the former center line of such vacated street, alley, place or cul-de-sac.
A.
A building or structure must not be erected on a lot that abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by these regulations.
B.
This section applies to all zones.
C.
Where an official control adopted pursuant to law includes plans for widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by these regulations, must relate to the future street boundaries as determined by said official control.
(Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 7, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3736, § 1, adopted Oct. 15, 2024, repealed § 17.94.065, which pertained to development standards for conditional uses in residential zoning and derived from Ord. 3577 § 1, adopted March 21, 2017; Ord. 3644 § 1, adopted Nov. 6, 2019; Ord. 3688 § 36, adopted Dec. 21, 2021; Ord. 3710 § 1, adopted March 21, 2023; and Ord. 3728 § 14(Exh. C), adopted March 5, 2024.
When the side lot line of a lot in any zone adjoins the side lot line of a lot in a more restrictive zone, the adjoining side yard for such lot must not be less than the minimum side yard required in the more restrictive zone.
(Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 8, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Note— See the editor's note to § 17.94.070.
Except as provided in this chapter, every required yard and unobstructed space must be open and unobstructed from the ground to the sky. No yard or unobstructed space provided around any building for the purpose of complying with the provisions of these regulations must be considered as providing a yard or unobstructed space on an adjoining lot or parcel whereon a building is to be erected.
(Ord. 3688 § 36, 12/21/2021; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 9, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
All corner and reverse corner lots must maintain a triangular area within which no tree, fence, shrub, wall or other physical obstruction must be permitted higher than 30 inches above the established grade for vision safety purposes. Said triangular area must be measured as follows:
A.
Street intersections. At any intersection of two streets, curbs or sidewalks, two sides of said triangular area must extend 20 feet along both improvements, measured from their point of intersection.
B.
Street and alley intersections. At any intersection of street and alley rights-of-way, two sides of said triangular area must extend ten feet along both rights-of-way, measured from their point of intersection.
C.
Street and driveway intersections. At any intersection of a street, curb or sidewalk and a driveway, the sides of each required triangular area must extend ten feet along the street right-of-way line and 20 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the street right-of-way line.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 10, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Width, location and number of curb-cuts for driveways per lot must be as specified in the City of Port Angeles Urban Services Standards and Guidelines Manual.
(Ord. 3688 § 36, 12/21/2021; Ord. 3572 § 23, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 11, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
All space used for the sale, display, or parking of any merchandise or vehicles must be confined to the property lines. No space for the sale, display, or parking of any merchandise or vehicles must be permitted in the right-of-way of any public street, unless a right-of-way use permit is first obtained. Discretionary approvals required under the Zoning Code may be conditioned to require the necessary screening, lighting, entrances, and exits for off-street parking.
The following intrusions may project into any required yards:
A.
Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part.
B.
Exterior residential elevators not greater than three feet in depth nor wider than eight feet measured in the general direction of the wall of which it is a part.
C.
Unenclosed, uncovered or covered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six feet into the front yard setback, eight feet into the rear yard setback and three feet into the side yard setback. Open railing or grillwork in conformance with the International Building Code may be constructed around any such porch, terrace or landing.
D.
Planting boxes or masonry planters not exceeding 30 inches in height may extend a maximum of three feet into any required front yard.
E.
Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade.
F.
Plazas and common outdoor recreation areas.
G.
Eaves with a maximum overhang of 30 inches.
H.
Detached accessory buildings within the rear one-third of a lot are permitted not closer than three feet to side nor ten feet to rear property lines or alleys.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 10, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2636 § 15, 5/15/1991; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 13, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
The following must be exempt from the maximum lot coverage requirements of any zone:
A.
Sidewalks, driveways, and uncovered off-street parking spaces.
B.
The first 30 inches of eaves.
C.
Uncovered swimming pools and hot tubs.
D.
Uncovered, unenclosed decks and platforms not more than 30 inches above grade.
E.
Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against lot coverage calculations.
F.
A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 14, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Systems that are not hard surfaces and allow the infiltration of stormwater into the underlying soils, such as bioretention facilities, are exempt from the maximum site coverage requirements of any zone.
All applicants seeking exemptions under this section are required to participate in a pre-application review meeting with City staff. A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009)
In all residential zones a wall or fence must be no taller than four feet within the front building setback area, provided that a height of six feet is permitted within the front setback area if the top two feet is constructed of material that is at least 50 percent open work. The fence height may be a maximum six feet between the front setback line and mid-point of the lot. The fence height may be a maximum of eight feet from the mid-point of a lot to the rear property line, provided that the top two feet is constructed of a material that is at least 25 percent open (Note: lattice is 25 percent open). All vision clearance requirements per section 17.94.090 (driveways, street and alley corners) must be maintained. The finished side (side without the support) of a fence must face the neighboring property or if on a corner lot must face the street. Fence post supports may contain a decorative cap that does not exceed six inches above the maximum fence height.
A maximum fence height of six feet is permitted in commercial zones. Barbed wire or electric fencing is only allowed above six feet from the ground on fences that are solid or chain link.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 11, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2954 § 2, 3/28/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 15, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
A.
In residential and commercial zones, the storage of merchandise, appliances or vehicles in front or side yards must be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services must be exempt from this requirement.
B.
In no zone must the storage of any articles or vehicles be permitted to extend into public rights-of-way.
(Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2390 § 1, 5/30/1986; Ord. 2238 § 16, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Subject to any other regulation of the use of streets under this Code, no owner or occupant of land abutting a public street, which land or street is in a residential zone or is the boundary of a residential zone, may use such street for the habitual or overnight parking or storage of commercial motor vehicles or trailers. Excepted from this prohibition is the parking on the street of one commercially used vehicle that is driven to and from the work place by the owner or occupant of the dwelling unit.
(Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2862, 4/14/1995)
Editor's note— Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.170 entitled "Exception to height requirement," which derived from: Ord. 3272, adopted Feb. 16, 2007; and Ord. 2861 § 1 (part), adopted Mar. 17, 1995.
For the purpose of encouraging the construction of off-street parking under or within a building rather than in rear, side, or front yards, the following exceptions to minimum lot areas must be permitted.
For each ten-foot by 20-foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet must be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase a proportional number of permitted dwelling units in motels and multi-family structures.
Any area not zoned by the City prior to annexation must automatically upon annexation be classified and subject to the provisions, restrictions, and requirements of the zone most consistent with the City's comprehensive plan as determined by the City.
A.
Exceptions/variances (exceptions) to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development following legal public notice of an application for an exception or variance, legal public notice of the Director's decision on the application, and written findings of fact that documents the Director's determination to grant an exception.
The Director may grant an exception to stormwater development minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the applicant must provide written documentation considering the following:
1.
The current (pre-project) use of the site; and
2.
How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and
3.
The possible remaining uses of the site if the exception were not granted; and
4.
The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
5.
A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and
6.
The feasibility for the owner to alter the project to apply the minimum requirements.
B.
The Director must consider and document with findings of fact the applicant's request. In addition, the Director must determine and document the exception meets the following criteria: the exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and the exception is the least possible exception that could be granted to comply with the intent of the stormwater development minimum requirements.
C.
Adjustments to the minimum requirements may be granted by the Director provided that a written finding of fact is prepared, that addresses the following:
1.
The adjustment provides substantially equivalent environmental protection.
2.
Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance, are met.
It is the purpose and intent of this chapter to recognize that some lots, structures and uses within the community were established prior to the adoption of these Zoning Regulations, and subsequent amendments, and do not conform to the present requirements of the zone in which they are located. It is further the intent of the City to allow legal nonconforming lots, structures and uses to continue, but to prohibit or limit the enlargement, expansion or extension of such uses to ensure the underlying purpose of the City's zoning districts are upheld and abide by the goals and policies of the comprehensive plan. These provisions provide for the development of the community's platted lots, the allowance of repair and rehabilitation of the community's existing and historic building stock and the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses to conformity with the goals and policies of the comprehensive plan. This chapter is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish criteria under which such structures and uses may be continued or possibly expanded, and to provide for the correction or removal of such nonconformities in an equitable, reasonable and timely manner.
(Ord. 3577 § 1, 3/21/2017)
A.
Substandard lots, recorded lots. Substandard lots of record that have less than the minimum required area or width in any zone, and the lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone.
B.
Compliance with bulk and dimensional requirements. All new structures or additions to structures on any nonconforming lot must meet all setback, height and other construction requirements for the zone in which the property is located.
C.
Boundary line adjustments, restrictive covenants, and parcel consolidation. A boundary line adjustment, restrictive covenant, or parcel consolidation approved by the City shall be required prior to issuance of a building permit when a nonconforming and conforming lot are contiguous and owned by the same person. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone.
(Ord. 3577 § 1, 3/21/2017)
A.
Continuance of nonconforming use. Any use lawfully existing prior to the adoption date of these Zoning Regulations (January 4, 1971) may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified.
B.
Termination of nonconforming use. Except as otherwise specified in this chapter, the right to operate and maintain a nonconforming use shall terminate when the structure(s) or building(s) housing such use are destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits. However, in the event a structure or building housing a nonconforming use is damaged by natural disaster or catastrophe, including fire, the nonconforming use may be reestablished through a conditional use permit procedure as set forth in Chapter 17.96 of this title. Such reestablishment shall comply to the maximum extent reasonably feasible with the requirements of these Zoning Regulations.
C.
Changes to or expansions of nonconforming uses. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use, except as hereinafter specified.
1.
Lawful nonconforming nonresidential use. A lawful nonconforming nonresidential use may be changed to another nonconforming nonresidential use, or expanded, by obtaining an administrative conditional use permit as described in Chapter 17.96 of this Title.
a.
Criteria. To approve a conditional use permit to change or expand a nonconforming nonresidential use, the proposed nonconforming use must be more appropriate to the zone where the property containing the use is located than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the following criteria in addition to the criteria applicable to all conditional use permits shall be considered:
1)
Traffic impacts, both on-site and off-site;
2)
Off-street parking and loading requirements;
3)
The visual impact on the surrounding area;
4)
The degree of compliance with the adopted growth policy and this chapter;
5)
The level of conflict with other uses in the surrounding area;
6)
The presence of other nonconformities in the surrounding area;
7)
The degree to which any existing unsafe or hazardous conditions would be mitigated;
8)
The viability of the subject structure; and
9)
On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts.
2.
Lawful nonconforming residential use. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zone. A lawful nonconforming residential use shall not be permitted to increase the number of dwelling units. The expansion of a nonconforming residential use may occur up to 20 percent of the existing total residential area, as long as the number of dwelling units on the lot is not increased. Any expansion beyond 20 percent of the existing total residential area, requires an administrative conditional use permit to be obtained per the criteria listed in subsection 17.95.030.C.1.a PAMC. In instances where new construction is allowed, all appropriate development review approvals as required by the PAMC and a City building permit shall be obtained prior to the initiation of construction.
3.
Reconversion to single-family residence. Any single-family residence lawfully constructed in the Commercial, Neighborhood (CN) and Community Shopping District (CSD) zones before January 4, 1971, which was subsequently converted to a permitted use as set forth in PAMC 17.21.040 and 17.22.040, may be reconverted to single-family residence if the following conditions are met:
a.
The repairs, alteration, and remodel meet all applicable zoning and fire and building code requirements;
b.
The alterations do not include demolition of the existing legal building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and
c.
Project plans and construction timeline are approved in advance by the City and the alterations do not continue beyond one year from the date that alterations commence.
D.
Repairs, alteration, remodeling. A legal, conforming building or structure housing a nonconforming use shall be permitted to be repaired, altered and remodeled, providing said repairs, alteration, and remodel meet all applicable zoning and fire and building code requirements and provided further that said alterations do not:
1.
Intensify or otherwise redefine the nonconforming use;
2.
Include demolition of the existing legal building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and
3.
Project plans and construction timeline are approved in advance by the City and the alterations do not continue beyond one year from the date that alterations commence.
E.
Change of ownership. Change in ownership, tenancy, or management of a legal nonconforming use shall not affect its nonconforming status; provided, that the use does not change or intensify.
F.
Abandonment. If any legal nonconforming use is abandoned and/or ceases for any reason whatsoever for a continuous period of one year, any future use of such land and/or building or structure shall be in conformity to the zone in which it is located as specified by these regulations.
G.
Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming use that comes within the City by means of annexation from date of annexation.
H.
Building permits and certificates of occupancy prohibited. When any nonconforming use is no longer permitted pursuant to the provisions of this chapter, no permit for a use shall thereafter be issued for further continuance, alteration or expansion. Any permit issued in error shall not be construed as allowing the continuance of the nonconforming use.
A.
Continuance of nonconforming structure. Any structure or building lawfully existing prior to the adoption date of these Zoning Regulations (January 4, 1971) may be continued at the size and in the location existing upon such date except as hereinafter specified, or in the case of signage as specified in Title 14 PAMC.
B.
Termination of nonconforming structure. Except as otherwise specified in this chapter, the right to maintain the size and location of a nonconforming structure or building shall terminate when the structure(s) or building(s) are destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits. However, in the event a legal, nonconforming structure or building is damaged by natural disaster or catastrophe, including fire, the nonconforming structure may be reestablished to the extent that it existed before the time of damage, and within the pre-existing, nonconforming structure boundaries, provided that the restoration or reconstruction do not increase the degree of nonconformity and provided that such restoration or reconstruction begins within one year of the date of such damage.
C.
Minor repairs. An existing legal, nonconforming building or structure that does not comply with zoning requirements shall be permitted to be repaired.
D.
New construction. An existing legal building or structure that does not comply with zoning and building code requirements shall be permitted to be altered, remodeled and expanded, providing the alteration, remodel and expansion meet all applicable zoning and fire and building code requirements and provided further that said new construction does not:
1.
Increase in the degree of nonconformity by more than one percent.
2.
Include demolition of the existing legal, nonconforming building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and
3.
Continue beyond two years from the date that new construction commences, or if such date is unknown, then the date that the new construction were first reported, or reasonably capable of being reported, to the City.
The extent of damage to or demolition of a nonconforming building or structure shall be determined by the Building Official. If any aggrieved party disputes the Building Official's determination of the extent of the damage or demolition, a review by a third party (by a City approved consultant) may be obtained. All costs incurred in obtaining this third party review are to be paid by the aggrieved party.
E.
Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming structure or building that comes within the City by means of annexation.
F.
Building permits and certificates of occupancy prohibited. When any nonconforming structure is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure.
(Ord. 3577 § 1, 3/21/2017)
Nothing contained in this chapter shall be construed to allow for the continuation of illegal structures and uses. Illegal structures and uses shall be removed subject to the provisions of Chapter 8.30, Nuisances, PAMC.
(Ord. 3577 § 1, 3/21/2017)
A.
All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these zoning regulations that are applicable to the zones in which such buildings, uses, or land shall be located.
B.
Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these zoning regulations, and provided that construction has begun by said 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. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
In the interpretation and application of these zoning regulations, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and welfare.
B.
Where the conditions imposed by any provisions of these zoning regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these zoning regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations that are most restrictive (or that impose higher standards or requirements) shall govern.
C.
These zoning regulations are not intended to abrogate any easement, covenant, or any other private agreement; provided that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these zoning regulations shall govern.
D.
No building, structure, or use that was not lawfully existing at the time of the adoption of these zoning regulations shall become or be made lawful solely by reason of the adoption of these zoning regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these zoning regulations, said building, structure, or use remains unlawful.
(Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved trailer parks, the Port Angeles Boat Haven (boats only), or as permitted by section 17.96.075 PAMC (Temporary use permit), section 17.13.020 PAMC (Residential Trailer Park Overlay Zone), or section 17.21.020 PAMC (ADUs).
(Ord. 3710 § 1, 3/21/2023; Ord. 3390 § 11, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 18, 1/30/2004)
A.
When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply:
1.
Boundaries shown on the zoning map as approximately following the centerline of streets, alleys, highways or City limits shall be construed as following such centerlines and City limits.
2.
Distances not specifically indicated on the zoning map shall be determined by 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 25 feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these regulations covering the more restrictive portion of such lot shall extend to the entire lot.
4.
Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of 25 feet from such zone boundary line, whichever is the lesser distance.
5.
Where a zone boundary line, as indicated on the zoning map, follows the top or bottom of a bluff or bank, such line shall be at the point that is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer.
B.
Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies and objectives.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone.
A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone.
(Ord. 3272, 2/16/2007; Ord. 3009 § 2, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2238 § 17, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Zoning lot covenants, as defined in PAMC 17.08.130.C, may only be used to allow a property owner to designate two or more adjacent lots as a single lot of record, when the existing two or more lots:
A.
Have a legal residential structure encroaching onto said lots; or
B.
Results in a lot that meets the zoning and subdivision requirements.
A zoning lot covenant is not intended to allow the circumvention of applicable platting regulations and is intended to allow the consolidation of properties by a property owner for development and use by the owner.
The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Department of Community and Economic Development. Once filed, the covenant may only be removed through compliance with RCW 58.17 and Chapter 16.04 or 16.08.
(Ord. 3577 § 1, 3/21/2017); Ord. 3272, 2/16/2007; Ord. 2863 § 1, 4/14/1995)
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed §§ 17.96.050—17.96.090 which pertained to conditional, administrative conditional and unclassified use permits; minor deviations; hearing and appeals of permit applications; temporary use permits; variances; and filing fees. See the Code Comparative and Disposition List for full derivative history of said repealed sections.
On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls that, when adopted by ordinance by the City Council, will further the objectives and goals of the comprehensive plan. The Planning Commission may also draft such regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the comprehensive plan and assure its systematic execution. The Planning Commission may recommend such plans, regulations, programs and legislation to the City Council for adoption.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the comprehensive plan and the entire zoning regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the zoning map.
B.
Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council.
C.
No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by its own action any amendment or change in the boundaries of any of the zones in these regulations.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.110 entitled "Subdividing," which derived from: Ord. 3548 § 25, adopted Jan. 5, 2016; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
The Director of Community and Economic Development shall have the authority to enforce all provisions of this ordinance. No oversight or dereliction on the part of the Director of Community and Economic Development or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this title.
B.
No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this title or any other ordinance now in force referring to this title. Any permit or license so issued shall be null and void.
C.
In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move or alter any property, building or structure in violation of the provisions of this title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent 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. 3272, 2/16/2007; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 14, 5/15/1991; Ord. 1709 § 1 (part), 12/22/1970)
The Building Official, Fire Marshal, and the Planning or Public Works staff, in the performance of their official functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys necessary to carry out this title. 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. 3742 § 9(Att. I), 12/17/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.140 entitled "Notice of public hearings," which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 2911 § 2, adopted Mar. 29, 1996; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; Ord. 2636 § 18, adopted May 15, 1991; Ord. 2595 § 2, adopted June 27, 1990; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.150 entitled "Appeals," which derived from: Ord. 3719 § 1, adopted Sept. 5, 2023; Ord. 3548 § 25, adopted Jan. 5, 2016; Ord. 2990 § 5, adopted May 15, 1998; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; and Ord. 2595 § 3, adopted June 27, 1990.
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), 1/17/1992; Ord. 2636 § 19, 5/15/1991)
Application. Any person wishing to apply for an amendment to this zoning ordinance must submit a completed application and a filing fee as set forth in a resolution authorized by Chapter 1.25 PAMC (see Appendix A) to the Department of Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW.
(Ord. 3719 § 1, 9/5/2023; Ord. 3272, 2/16/2007; Ord. 2932 § 35, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991)
Any person, firm, or corporation violating any provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.
(Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Table A, the table following § 17.96.180, entitled, "Conditional Uses in Residential Single-Family Zones that have Special Developmental Standards," which derived from Ord. 3332 § 11, adopted April 25, 2008. See § 17.94.065.
The purpose of these commercial and multi-family design standards is to implement the goals and policies of the Port Angeles Comprehensive Plan and the objectives of each zone as provided in this title. The purpose of this chapter is to:
A.
Promote a diverse mix of retail, housing, office, and civic land uses and a genuine sense of place in Port Angeles.
B.
Encourage development that is pedestrian-oriented and human-scale in an aesthetically attractive, energy efficient, easily accessible, and economically healthy environment.
C.
Include diverse retail and service uses, higher density residential housing, a network of pedestrian-oriented streets, and a high degree of connectivity for all modes of travel.
D.
Enhance Port Angeles' visual character.
(Ord. 3688 § 34, 12/21/2021)
A.
New development.
1.
The provisions of this chapter govern all new multi-family, commercial, and other non-residential development within the RMD, RHD, CBD, CSD, CA, CN, and CO zones.
2.
Townhouse Exception. The provisions of this chapter do not apply to townhouses, except for provisions that expressly use the word "townhouse" or "townhouses," and such provisions are applicable to townhouses in the RMD, RHD, CBD, CSD, CA, CN, and CO zones.
B.
Relationship to other codes. Where provisions of this chapter conflict with provisions in any other section of the Port Angeles Municipal Code (PAMC), this chapter prevails unless otherwise noted.
(Ord. 3688 § 34, 12/21/2021)
1.
Small remodel. Any construction that is: (1) outside the Central Business District; and (2) increases the gross floor area of a building by less than 25 percent, on a cumulative basis, is exempt from the requirements of this Chapter 17.22.
2.
Limited remodel. Any construction that increases the gross floor area of a building by 25 percent or more (or is located inside the Central Business District) but not more than 100 percent, on a cumulative basis, is exempt from this Chapter 17.22's requirements: (1) related to the existing portion of the building where no exterior changes are proposed; and (2) that would require repositioning the building or reconfiguring the site.
3.
Major remodel. Any construction that increases the gross floor area of a building by more than 100 percent, on a cumulative basis, must follow all the requirements of this Chapter 17.22.
4.
Cumulative basis means the cumulative increase in building gross floor area is the net increase in gross floor area of a building that is created through construction within a three-year long window of time measured from issuance of certificate of occupancy or its equivalent.
5.
In the event of any uncertainty, the Community and Economic Development Director makes the final decision whether a project is a small remodel, limited remodel, or major remodel.
(Ord. 3688 § 34, 12/21/2021)
The provisions of this chapter are additional to the underlying zoning standards (permitted uses, setbacks, building heights, etc.). Most sections within this chapter herein include the following elements:
A.
Purpose statements, which are overarching objectives.
B.
Guidelines use words such as "should" or "is/are recommended," or "encouraged", signifying voluntary measures.
C.
Standards use words such as "must" and "is/are required," signifying mandatory actions.
1.
Some standards are easily quantifiable, while others provide a level of discretion to the applicant in how they are complied with. In the latter case, the applicant must demonstrate to the Director, in writing, how the choices made for the development meets the purpose of the standard.
2.
Departures may be allowed for specific standards in this Chapter 17.22 PAMC. They allow alternative designs provided the Community and Economic Development Director determines the resulting design and overall development meets the "purpose" of the standards and other applicable criteria. See PAMC 17.22.040 for related procedures associated with departures.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. A number of specific departure opportunities to the design standards contained in this chapter are provided. Departure opportunities are signaled by the capitalized word DEPARTURE or the □ symbol. The purpose is to provide applicants with the option of proposing alternative design treatments, when they can demonstrate to the satisfaction of the Director that it is equal to or better than the standard, provided such departures meet the "purpose" of the particular standard, and any additional relevant departure criteria.
B.
Requests for departures are voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis.
C.
Applicability. Departure opportunities are available only where noted for specific standards.
D.
Procedures. Permit applications that include departure requests are reviewed administratively and the approval decision is made by the Director.
E.
Approval criteria. Project applicants must successfully demonstrate to the Director how the proposed departure meets the purpose(s) of the standard, and other applicable departure criteria that applies to the specific standard.
F.
Documentation. The Director must document the reasons for approving all departures within the project application records for the purpose of providing consistency in decision-making by the City.
(Ord. 3688 § 34, 12/21/2021)
A.
To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment.
B.
To provide standards that recognize the need for a system of pedestrian-oriented block frontages.
(Ord. 3688 § 34, 12/21/2021)
A.
Application of map and block frontage regulations.
1.
New multi-unit, non-residential development, and first floor residential within the CBD, CSD, CA, CN, and CO Zones in Port Angeles are subject to the block frontage standards in sections PAMC 17.22.100—17.22.170 based on the block frontage designation of the street, as illustrated in the figures in this section.
2.
For multi-family and non-residential development in the RHD and RMD zones, the standards for landscaped block frontages apply.
3.
Civic uses, public buildings, and hotels are exempt from the block frontage standards, provided the building and site design meet the following objectives:
a.
Enliven the pedestrian environment along the adjacent sidewalks.
b.
Incorporate a prominent and inviting entry visible from the street. If the site has multiple street frontages, the entry must be visible from at least one street.
c.
The site and building design stand out from the surrounding context as a distinct landmark and provides visual interest from all observable scales.
4.
These block frontage standards do not apply to townhouses.
B.
Map updates. The block frontage designation map will be updated by ordinance by the City Council as necessary to reflect new streets and other adjustments.
C.
Undesignated streets. If a street is not designated as storefront, mixed, or landscaped block frontage then it is automatically classified as a "basic" block frontage. See section PAMC 17.22.150 for applicable standards.
All block frontage designations contain distinct minimum façade transparency standards. The purposes of these standards are to help maintain visibility for public safety, create welcoming pedestrian-oriented streets, and facilitate a viable and attractive business environment. Table 17.22.115 below includes details in how transparency standards are measured.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. Storefront block frontages are located in the most vibrant and active shopping and dining areas within Port Angeles. Blocks designated as Storefront block frontages include continuous storefronts placed along the sidewalk edge with small scale shops and many business entries.
B.
Standards. All development on sites with a Storefront block frontage designation must comply with the standards in Table 17.22.120(B) below.
C.
DEPARTURE criteria. Departures from the storefront block frontage standards in Table 17.22.120(B) that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria:
1.
Retail space depth. Reduced depths on up to 25 percent of the applicable block frontage will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses.
2.
Façade transparency. Façade transparency may be reduced to a minimum of 40 percent if the façade design between ground-level windows provides visual interest to the pedestrian and mitigates the impacts of blank walls.
3.
Weather protection.
a.
Weather protection elements may be reduced in length to no less than 50 percent along building's façade and to no less than four feet in depth, provided the proposed design is proportional to architectural features of the building and building design trade-offs (elements that clearly go beyond minimum building design regulations in this chapter) meet the purpose of the standards.
b.
Smaller gaps are permitted if they are integrated into a larger façade articulation design, such as gaps associated with structural columns. Generally, structural columns are encouraged to be attached with higher or lower weather protection elements that help provide continuous coverage for pedestrians.
4.
Parking Location. Structured garage entries may be located on storefront streets if there is an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development. The alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. See also PAMC 17.22.240.
5.
Sidewalk Width. Alternative designs may be considered where topographical challenges or approved City streetscape plans with different sidewalk standards exist. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic and outdoor seating and dining areas.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. Landscaped block frontages emphasize landscaped street setbacks, clear pedestrian connections between the building and the sidewalk, and minimize surface parking lots along the frontages.
B.
Standards. All development on sites with a landscaped block frontage designation must comply with the standards in Table 17.22.130(B) below. The standards herein also apply to all multi-family and nonresidential development in the RMD and RHD zones.
C.
DEPARTURE criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards, plus the following criteria:
1.
Façade transparency. Façade transparency may be reduced to a minimum of 12.5 percent if the façade design between ground level windows provides visual interest to the pedestrian and mitigates the impacts of blank walls.
2.
Parking location. For multi-building developments, an additional ten percent of the lot frontage may be occupied by off-street parking and driveways, provided design treatments (beyond minimum standards) are included that successfully mitigate the visual impact of parking areas on the streetscape.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. The Mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages for the purpose of contributing to the visual character of the street and enhancing the pedestrian environment.
B.
Standards. All development on sites containing a mixed block frontage have the option to comply with either the storefront or landscaped block frontage provisions as set forth in PAMC 17.22.120 and .130, with the modifications in Table 17.22.140(B) below.
C.
DEPARTURE Criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria:
1.
Façade transparency. Façade transparency may be reduced to the following minimums if the façade design provides visual interest to the pedestrian and mitigates the impacts of blank walls:
a.
20 percent minimum for buildings designed with nonresidential uses on the ground floor within ten feet of a sidewalk.
b.
25 percent minimum for other buildings designed with nonresidential uses on the ground floor.
c.
20 percent minimum for residential buildings/floors.
2.
Parking location. For multi-building developments, an additional ten percent of the lot frontage may be occupied by off-street parking and driveways, provided design treatments (beyond minimum standards) are included that successfully mitigate the visual impact of parking areas on the streetscape.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. Basic block frontages offer greater flexibility in siting off-street parking areas, while providing visual interest at all observable scales and meet the design objectives of the City.
B.
Applicability. All block frontages in applicable zones that are not designated in the map in PAMC 17.22.110 are subject to the standards of this section.
C.
Standards. Basic block frontages must comply with the standards in Table 17.22.150(C) below. DEPARTURES will be considered pursuant to PAMC 17.22.040.
D.
Departure Criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria:
1.
Building entrances. Alternative designs may be considered provided the pedestrian route from the sidewalk to the entry is clear.
2.
Façade transparency. Façade transparency may be reduced to the following minimums if the façade design provides visual interest to the pedestrian and mitigates the impacts of blank walls:
a.
For storefronts, at least 30 percent.
b.
Other buildings designed with non-residential uses on the ground floor within ten feet of a sidewalk, at least 15 percent.
c.
For residential buildings, at least seven and one-half percent.
(Ord. 3688 § 34, 12/21/2021)
A.
Description/purpose. The high visibility street corner requirements apply to those sites designated on the block frontage maps in PAMC 17.22.110. The purpose is to accentuate street corners with high visibility to the public.
B.
Designation criteria. High visibility street corners may be designated on the block frontage maps in:
1.
Special high visibility intersections in Port Angeles.
2.
Intersections with a high level of current and/or envisioned pedestrian activity.
C.
Standards. Sites located on high visibility street corners must meet the following requirements:
1.
Buildings must be located within 20 feet of the street corner.
2.
At least one of the following special features must be included:
a.
Corner plaza.
b.
Cropped building corner with a special entry feature.
c.
Decorative use of building materials at the corner.
d.
Distinctive façade articulation.
e.
Sculptural architectural element.
f.
Other decorative elements that meet the purpose of the standards.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. The purpose of these standards is to:
1.
Enhance the privacy and security of residents living on the ground floor.
2.
Provide an effective visual and physical transition between the public realm and the private realm.
3.
Enhance the relationship between the building and the street through high-quality landscape and architectural design.
B.
Applicability. All developments with ground-floor residential uses adjacent to public streets must comply with the frontage standards in this section.
C.
Standards. Design treatments must be integrated to enhance the character of the public and semi-public realm while respecting the privacy of adjacent residential units. Design criteria applicable to ground-floor residential frontages are as follows:
1.
Direct access. All units abutting public sidewalks are encouraged to have individual ground-floor entries directly accessible to the sidewalk.
2.
Unit setback and elevation. Provide privacy for people living in the adjacent dwelling units and ensure the applicable street environment is comfortable through all of the following measures:
a.
Provide a five-foot minimum setback from public sidewalks, unless a greater setback is required per applicable block frontage standards.
b.
Where the façade is within ten feet of a street, the ground level of dwelling units must be raised from three to five feet above the level of the corresponding sidewalk. On sloped sites, the minimum and maximum heights must be calculated using the average ground elevation at perimeter walls as determined by the final grade noted on the building plan.
3.
Enhance the privacy of residents and provide an effective transition between the public and private realm by integrating all of the following measures:
a.
Provide a physical "threshold" feature, such as a hedge, retaining wall, rockery, stair, gate, railing, or a combination of such elements on private property that defines and bridges the boundary between public right-of-way and the private entry, porch, yard, or patio. Thresholds may screen, but not completely block, views to and from the public and semi-public realm areas. □
b.
Provide an outdoor space at least four feet-deep and six feet wide (24 square feet minimum area) in the front setback, such as a porch, patio, deck, or stoop. Where feasible, this space must be at the same level as the interior of the unit. □
Overhead building projections may cantilever over the outdoor space by up to 50 percent of the minimum ground level setback to public and private realm areas.
c.
Provide a covered area, porch or protected entry space, or other architectural weather protection at least three feet deep that provides cover for a person entering the unit and a transitional space between outside and inside the dwelling.
d.
Landscaping planters (in-ground or constructed and raised) must be integrated into transitional areas between the dwelling unit and the adjacent public and semi-public realm areas (see the figures below for examples). □
e.
DEPARTURES may be proposed for the design criteria in subsection (C)3. above featuring the symbol □ provided the design enhances the privacy of adjacent units and provides an effective and attractive transition between the public and private realm.
4.
See section PAMC 17.22.330 for window design standards.
(Ord. 3688 § 34, 12/21/2021)
Where a property fronts onto more than one street and each street has a different frontage designation, each building frontage must comply with the standards for the block frontage upon which it fronts, with the following clarifications:
A.
Conflicts. Where a conflict exists between frontage standards, the Director will apply the standards of a block frontage pursuant to the following order of preference:
1.
Storefront.
2.
Mixed.
3.
Landscaped.
4.
Basic.
Subsections (B-E) below clarify how the order of preference works for particular frontage elements.
B.
Building Location. For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner (on the landscaped block frontage side) for up to a half block width or no more than 120 feet (whichever is more).
C.
Entrances. For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a storefront block frontage on one side, an entrance must be placed on the storefront block frontage side. For corner sites with a mix of designations that do not include a storefront block frontage, the entry must be placed on the side listed first in the order of preference identified above. An entrance at the building corner and facing an intersection must be permitted under any of the above scenarios.
DEPARTURES may be considered, provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street.
D.
Transparency. For corner sites, at least one block frontage must meet the applicable transparency standards (based on the order of preference above). For the second block frontage, the Director may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings must employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern).
E.
Parking. Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except:
1.
On corner lots with basic frontages on both streets.
2.
On corners with other combination of block frontages, except those with a storefront designation, via a DEPARTURE and subject to the applicable departure criteria.
(Ord. 3688 § 34, 12/21/2021)
A.
To promote thoughtful pedestrian-oriented layout of buildings, parking areas, and circulation, service, and on-site amenity elements.
B.
To promote compatibility between developments and uses.
C.
To enhance the circulation, access, and service areas of developments.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To promote the functional and visual compatibility between developments.
2.
To protect the privacy of residents on adjacent properties.
B.
Side and rear setback standards. Table 17.22.210(B) below sets forth minimum side and rear-yard setbacks in all zones between zero and 15 feet. The provisions below clarify specific setback requirements:
C.
Light and air access and privacy along the side and rear property lines. Buildings or portions thereof containing multi-family dwelling units whose only windows face the interior side or rear property line must be set back from the applicable property line at least 15 feet.
DEPARTURES will be considered where it is determined that the proposed design will not create a compatibility problem based on the unique site context.
(Ord. 3688 § 34, 12/21/2021)
Residential amenity space refers to spaces that are integrated into residential or mixed use developments primarily enjoyed by on-site residents for recreational and social uses. Amenity spaces include common outdoor recreation areas, shared roof decks, private ground level open spaces, private balconies, shared indoor recreation areas, and children's play areas.
A.
Purpose.
1.
To create usable amenity space that is suitable for leisure or recreational activities for residents.
2.
To create amenity space that contributes to the residential setting.
B.
Applicability. Residential amenity space meeting the standards of this section is required for all new:
1.
Multi-family development.
2.
Mixed use development with residential dwellings.
3.
Senior housing and other age-restricted facilities.
C.
Amount required. Applicable developments are required to provide residential amenity space equal to a minimum of:
1.
100 square feet per dwelling unit for studio and one-bedroom dwellings.
2.
150 square feet per dwelling unit for dwellings with two or more bedrooms.
D.
Children's play areas. Developments with more than 75 units are required to integrate children's play areas as set forth in PAMC 17.22.220(F)(6).
E.
Large multi-phase developments under single ownership. Each phase of development must meet the minimum residential amenity space requirements herein. Developments have the option to integrate a surplus of usable on-site open space in early phases and apply the surplus space towards meeting the requirements for subsequent phases, provided all applicable regulations are met.
F.
Residential amenity space design standards. The following standards apply to new developments choosing to incorporate the specific amenity space types listed below:
1.
Common outdoor recreation areas. Such spaces are internal to a development and accessible to all tenants of a development, and are not required to be accessible to the general public. Examples include, but are not limited to, include landscaped courtyards, decks, entrance plazas, gardens with walkways, children's play areas, swimming pools, and water features. Accessible areas with native vegetation and areas used for stormwater retention, infiltration, or other multi-purpose recreational and/or green spaces that meet the design criteria herein may qualify as common outdoor recreation area.
Common outdoor recreation areas must meet the following design standards:
a.
The areas must be accessible to all residents of the development.
b.
The minimum area is 500 square feet. The space must feature dimensions necessary to provide functional leisure or recreational activity (unless otherwise noted herein). Stairways and service elements located within or on the edge of the space are not included in the recreation area calculations.
c.
Shared porches may qualify as recreation area, provided they are at least eight feet in depth and 96 square feet in area.
d.
Required setback and vehicular circulation areas do not count as common outdoor recreation areas, except for building entry plazas located in front setbacks.
e.
The area must be located in accessible areas that are visible from units within the development.
f.
The area must feature paths, walkable lawns, landscaping, seating, lighting, play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users.
g.
The area must be separated from ground level windows, streets, vehicular circulation areas, service areas, and parking lots with landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the recreation areas and dwelling units.
h.
Natural, artificial, and stormwater ponds may be included in the shared open space. A maximum of 50 percent of the pond surface area, as measured when the pond is at its maximum designed depth, may be counted towards the minimum requirements of subsection (C) of this section. Ponds must be integrated with trails and other features listed above to qualify as shared open space.
i.
Any children's play areas integrated as a part of a common outdoor recreation area must meet the standards of subsection (6) below.
DEPARTURES will be considered for the standards above provided they meet the purpose of the standards and fill a recreational need for the residents of the development. The use and design of the space must be integrated with the surrounding site and building features in a manner that is complementary to the development and any adjacent streetscape.
2.
Shared roof decks. Such spaces are a type of private internal common area located on the top of buildings or intermediate levels (e.g., upper floor building facade step-back areas) and are available to all residents. Examples of amenities include, but are not limited to, cooking and dining areas, seating areas, gardening areas, water features, children's play areas, and pet play areas. Shared rooftop decks must meet the following design standards:
a.
Must be available to all residents.
b.
Space must feature hard-surfacing and provide amenities that encourage use, such as seating, outdoor grills, and weather protection elements.
c.
Space must integrate landscaping elements that enhance the character of the space and encourage its use.
d.
Space must incorporate features that provide for the safety of residents, such as enclosures, railings, and appropriate lighting levels.
3.
Private ground level open space. This space is adjacent and directly accessible to the subject unit. Examples include yards, stoops, and porches. Private ground level open space must meet the following design standards:
a.
Such open spaces must be enclosed by a fence and/or hedge at least 18 inches in height to qualify, but no higher than 42 inches when adjacent to a street, common outdoor recreation area, or public space (see the sight obstruction height limits of the Port Angeles Urban Services Standards and Guidelines Manual when near an intersection). Taller privacy screens between units are acceptable.
b.
Private porches that face a street or a common outdoor recreation area may qualify as amenity space, provided they are at least 50 square feet in area, with no dimension less than six feet.
c.
Ground level private open space in excess of minimum requirements in subsection (b) above must not be used in the calculations for determining the minimum useable open space requirements for other units in the development [per PAMC 17.22.220(C)].
4.
Private balconies. This space is adjacent and directly accessible to the subject unit. Private balconies must meet the following design standards:
a.
Private balconies should be at least partially recessed into the building façade, when provided, and integrated into the building design to provide protection from the weather.
b.
Balconies must be at least 36 square feet in area with no dimension less than six feet to qualify as amenity space.
c.
Individual balconies larger than the minimum size requirements in the preceding subsection (b) must not be used in the calculations for determining the minimum useable open space requirements for other units in the development [per PAMC 17.22.220(C)].
5.
Shared indoor recreation areas. Examples include, but are not limited to, multi-purpose entertainment space, fitness center, movie theater, kitchen, library, workshop, conference room, or similar amenities that promote shared use and a sense of community. Shared indoor recreation areas must meet the following design standards:
a.
The space must be accessible to all residents of the development.
b.
The minimum area is 250 square feet. The space must feature dimensions necessary to provide functional leisure or recreational activity (unless otherwise noted herein).
c.
The space must be located in a visible area, such as near an entrance, lobby, elevator bank, or high traffic corridors.
d.
The space must be designed specifically to serve interior recreational functions and not merely be leftover unrentable space used to meet the open space requirement. Such space must include amenities and design elements that will encourage use by residents.
6.
Children's play areas. Any children's play areas integrated as a part of a shared residential amenity space must meet all the following design standards (in addition to the design standards listed above):
a.
The minimum area is 400 square feet.
b.
Measures necessary to protect children's safety from vehicular traffic must be included, such as low fencing or landscaping to provide a physical barrier around the perimeter.
c.
Shade and rest areas for supervision must be provided by using deciduous landscaping, architectural elements (including but not limited to pergolas or shelters), or other means.
d.
Natural, creative play elements should be provided, such as ground slides from one level to another, tricycle tracks, swings hung from arbors or trees, paths that meander and are of varying materials and widths, water that can be manipulated, outdoor rooms made from landscape or rocks, and berms and hills.
e.
Play areas must be designed for a variety of ages, activities, and motor skills.
f.
Play areas must be located in areas that are highly visible to residents.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and connections throughout the City.
2.
To enhance access to on- and off-site open space areas and pedestrian/bicycle paths.
B.
Access to sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable block frontage standards in PAMC 17.22.100-170. See subsection (D) below for walkway design standards.
C.
Internal circulation.
1.
For sites with multiple buildings:
a.
Internal walkways connecting businesses and residential entries on the same development site must be provided. Routes that minimize walking distances must be utilized to the extent practical.
DEPARTURES will be considered where an indirect route would enhance the design and/or use of a common usable open space. See subsection (D) below for walkway design standards.
b.
Pedestrian connections must be made at intervals no greater than 250 feet.
2.
Sites with residential units. Direct pedestrian access must be provided between all ground level unit entries and a public street or to a clearly marked walkway network or open space that has direct access to a public street. Residential developments must provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as:
a.
Parking areas.
b.
Recreational areas.
c.
Common outdoor areas.
d.
Any pedestrian amenities.
For townhouses or other residential units fronting the street, the sidewalk may be used to meet this standard.
3.
Crosswalks. Crosswalks are required when a walkway crosses an on-site paved area accessible to vehicles.
a.
Appearance. All crosswalks must contain contrasting material (such as concrete) and/or patterns (such as stamped asphalt), excluding painted surfaces.
b.
Raised crosswalks (speed tables). On sites larger than one acre, all crosswalks near major building entrances, parking garage entries, vehicular entries to the site, and other high-traffic areas must be vertically raised to sidewalk level. The purpose of raised crosswalks is to provide a continuous walking or rolling surface, increase the visibility of pedestrians, and slow the speed of vehicular traffic. This requirement does not apply to crosswalks crossing public roadways.
4.
Pedestrian walkways through parking lots. Developments with 50 or more parking spaces must include specially marked or paved walkways through parking areas. At least one walkway must be provided for every four rows of parking, or at a maximum spacing of 200 feet. The walkways must provide a safe connection to the building entrance and meet the walkway design standards in subsection (D) of this section. See examples below.
5.
Connections to adjacent properties (including parks and trails). Except when adjacent properties have less than five dwelling units, internal walkways that connect to adjacent properties must be provided. Public sidewalks in the right-of-way must not count towards this requirement.
DEPARTURES will be considered where it is determined that internal connections are not necessary or practical due to lot depths, steep slopes, inconsistent adjacent parcel uses, or other contextual challenges.
6.
Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees and residents are permitted. See subsection (D) below for walkway design standards.
D.
Walkway design.
1.
All internal walkways must have a minimum six feet-wide unobstructed walking surface, except where wider walkways are prescribed elsewhere in this chapter or where the applicable uses and context dictate wider walkways.
2.
Where an internal walkway is adjacent to perpendicular or angled parking, wheel stops are required to prevent encroachment of parked vehicles over the walkway. In lieu of wheel stops, an extra two feet of walkway width must be provided. See PAMC 17.22.240(B) for other situations in which wheel stops or curbing may be required.
3.
Internal walkways must be separated from structures by at least three feet for landscaping except where the adjacent building façade meets the storefront block frontage standards per PAMC 17.22.120.
DEPARTURES will be considered where other landscaping and/or façade design treatments to provide attractive walkways are proposed. Examples include, but are not limited to, sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the purpose. Figure 17.22.230(D)(3) below provides one example.
4.
Where walkways are between a parking lot and a multi-tenant commercial or mixed use building which is 100 feet or more long, walkways must feature a 12-foot wide sidewalk with the following features:
a.
Eight feet minimum unobstructed width.
b.
Trees placed at an average of 50 feet on-center and placed in grates or in planting strips as set forth in subsection (c) below.
DEPARTURE: Breaks in the tree coverage will be considered near building entries to enhance visibility.
c.
Planting strips may be used between any vehicle access or parking area and the walkway; provided, that the trees required above are included, the walkway meets the applicable width standards herein, and the combined walkway and planting strip is at least 12 feet wide.
d.
See also PAMC 17.22.240(F) for applicable internal roadway design standards.
(Ord. 3688 § 34, 12/21/2021)
The standards herein supplement the provisions of the Port Angeles Urban Services Standards and Guidelines Manual. Where there is a conflict, the provisions herein apply, except that the City Engineer may override this requirement and apply the Public Works standard for a driveway if the Public Works Director finds that a failure to apply the Public Works standards will result in a threat to public safety.
A.
Purpose.
1.
To create a safe, convenient, and efficient network for vehicle circulation and parking.
2.
To enhance the visual character of interior access roads.
3.
To minimize conflicts with pedestrian circulation and activity.
B.
Driveways. Driveways must meet the standards of the City of Port Angeles Urban Services Standards and Guidelines Manual, including, but not limited to, standards for intersection spacing, distance from crosswalks, and width.
C.
Parking entry location. Parking lot and parking garage entries must provide vehicular access in the following order of preference:
1.
Alleys.
2.
Basic block frontage streets.
3.
Landscaped block frontage streets.
4.
Mixed block frontage streets.
See related standards for parking and driveway location under Chapter 17.22 PAMC, Article II, Block Frontage Standards.
D.
Garage and service area entries and pedestrian safety.
1.
Parking garage entries and service area entries must be well-integrated into the design of the building and must not dominate the streetscape. They should be designed and sited to complement, not subordinate, the pedestrian entry.
2.
Where vehicles enter and exit a parking garage or service area across a sidewalk or internal walkway, direct visibility between pedestrians and motorists must be provided. Treatments must include setback entries, cropped wall corners, wall openings, or other treatments to enhance safety and visibility. Treatments should also include pavement markings or changes in pavement materials. Mirrors and electronic visual/audio warnings alone are not acceptable methods of visibility.
3.
Parking garage entries are encouraged to have flat driveways behind the sidewalk for the length of at least one vehicle in order to enhance visibility between pedestrians and motorists exiting the garage. Steeply sloping driveways immediately adjacent to a sidewalk or internal walkway require greater application of visibility treatments described in (D)(2) above.
4.
Garage entry doors and gates, if provided, must be at least 50 percent transparent between the bottom and top of the door or gate in order to enhance the safety of garage users.
E.
Drive-throughs. Drive-through facilities are accessory to permitted uses. This includes drive-through lanes and service windows for restaurants, banks, pharmacies, and other commercial uses.
1.
Where permitted.
a.
CA, CSD, CO, and CN zones. Permitted, provided the standards of this section are met.
b.
Drive-throughs are prohibited in the CBD zone, except for ticket kiosks at ferry terminals and parking facilities.
2.
Block frontage standards.
a.
Parking areas. For the purpose of complying with the Landscaped or Mixed block frontage standards in PAMC 17.22.130-140, drive-through lanes are considered a parking area and are calculated as part of the parking area along the frontage.
Exception: In the CA zone, drive-through lanes are not considered a parking area.
b.
Facades must comply with transparency requirements for the applicable block frontage in PAMC 17.22.130-140.
3.
Screening. Drive-through lanes, including waiting and holding lanes, must be buffered from the street and internal walkways by one of the design options set forth in Table 17.22.240(E)(2) below:
4.
Pedestrian access. Drive-through lanes must not prevent pedestrian access between a public sidewalk and on-site buildings. Designated walkways must not be located within required stacking space. See Figure 17.22.240(E)(4) for an example.
5.
Noise. Noise from drive-through speakers must not be audible from adjacent residential properties. See also Chapter 15.16 PAMC for noise control standards.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To minimize adverse visual, odor, fumes, and noise impacts of mechanical equipment, utility cabinets and other service areas at ground and roof levels.
2.
To provide adequate, durable, well-maintained, and accessible service and equipment areas.
3.
To protect residential uses and adjacent properties from impacts due to location and utilization of service areas.
B.
Location of ground-level service areas and mechanical equipment. Ground-level building service areas and mechanical equipment includes loading docks, trash collection and compactors, dumpster areas, storage tanks, electrical panels, HVAC equipment, and other utility equipment. If any such elements are outside the building envelope at ground level, the following location standards apply:
1.
Service areas must be located for convenient service access while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment and adjacent residentially zoned properties.
2.
Where practical, service areas must not be visible from the sidewalk and adjacent properties. Where the Director finds that the only option practical for locating a service area is an area visible from a public right-of-way, resident/customer parking area, internal walkway or pedestrian area, or from an adjacent property, the service area must be screened with the structural and landscaping screening measures provided in subsection (C) below.
3.
Service areas for multiple users or tenants must be co-located or consolidated to the extent practical.
4.
Service areas must be sited for alley access if available. Service elements accessible from an alley are exempt from the screening requirements of this section.
5.
Trash collection areas must include roofs or overhead weather protection and must meet required stormwater standards. Drainage must be designed to meet applicable NPDES standards.
6.
Exterior loading areas for commercial uses must not be located within 20 feet of a residentially zoned property.
DEPARTURE: Exterior commercial loading areas are exempt from this standard if the reviewing authority finds such a restriction does not allow feasible development and alternative design measures can successfully mitigate potential negative impacts. For example, areas and drives may be required to be separated from the residential lot by a masonry wall at least eight feet high.
7.
Other provisions of this section notwithstanding, service areas used by residents must be located to avoid entrapment areas and other conditions where personal security is potentially a problem. Pedestrian-scaled lighting or other measures may be needed to enhance security.
8.
Noise-producing mechanical equipment, such as fans, heat pumps, etc., must be located and/or shielded to minimize sounds and reduce impacts to adjacent dwelling units.
9.
Dumpster storage areas must be provided for all development, located on site and not in the public right-of-way, and sized to accommodate the minimum dumpster sizes (as provided by the Port Angeles engineering standards).
C.
Screening of ground-level service areas and mechanical equipment. Where screening of ground level service areas is required [see subsection (2)(b) of this section], the following applies:
1.
Structural enclosures must be constructed of masonry, heavy-gauge metal, heavy timber, or other decay-resistant material that is also used with the architecture of the main building. Alternative materials other than those used for the main building are permitted if the finishes are similar in color and texture, or if the proposed enclosure materials are more durable than those for the main structure. The walls must be sufficient to provide full screening from the affected roadway, pedestrian areas, or adjacent use, but must be no greater than seven feet tall. The enclosure may use overlapping walls as a screening method. See Figure 17.22.250(C) below.
2.
Gates must be made of heavy-gauge, sight-obscuring material. Chain link or chain link with slats is not an acceptable material for enclosures or gates.
3.
Where the interior of a service enclosures is visible from surrounding streets, walkways, or residential units, an opaque or semi-opaque horizontal cover or screen must be used to mitigate unsightly views. The horizontal screen/cover should be integrated into the enclosure design (in terms of materials and/or design).
4.
Trash collection points must be located and configured to the extent practical so that the enclosure gate swing does not obstruct pedestrian or vehicle vehicular traffic on a public right-of-way, or does not require that a hauling truck project into any public right-of-way. Screening elements must allow for efficient service delivery and removal operations.
5.
The service area must be paved.
6.
The sides and rear of service enclosures must be screened with Type B landscaping at least five feet wide in locations visible from the street, parking lots, and walkways to soften views of the screening element and add visual interest. Plants must be arranged with a minimum of 50 percent coverage at time of installation and be able to grow to fully screen or shield the equipment within three years.
DEPARTURES will be considered, provided the enclosure and landscaping treatment meet the purpose of the standards and add visual interest to site users.
D.
Utility meters, electrical conduit, and other service utility apparatus. These elements must be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, internal walkway, common outdoor recreation area, or shared auto courtyards, they must be screened with vegetation and/or integrated into the building's architecture.
E.
Roof-mounted mechanical equipment.
1.
All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment must be fully screened from public view at the street level and from rooftop residential amenity spaces. Screening must be located so as not to interfere with operation of the equipment.
Exception: Roof-mounted wind turbines, solar energy and photovoltaic systems, and rainwater reuse systems do not require screening.
2.
For rooftop equipment, all screening devices must be well integrated into the architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood must not be used for screens or enclosures. Louvered designs are acceptable if consistent with building design style.
3.
The screening materials must be of material requiring minimal maintenance and must be as high as the equipment being screened.
4.
Noise producing mechanical equipment, such as fans, heat pumps, etc., must be located and/or shielded to minimize sounds and reduce impacts to adjacent dwelling units.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To ensure that lighting contributes to the character of the streetscape and does not disturb adjacent developments and residences.
2.
Protect against light pollution, thereby reclaiming the ability to view the night sky and helping to preserve the quality of life and scenic value of this desirable visual resource throughout the region and nearby natural open spaces.
3.
Help protect and enhance human health and wellness and wildlife habitation and migration by minimizing light pollution and its impact on all forms of life.
4.
Promote lighting practices and systems to conserve energy, decrease dependence on fossil fuels, and limit greenhouse gas emissions.
5.
Ensure that sufficient lighting can be provided where needed to promote safety and security on public and private property, and to allow for reasonable lighting for outdoor activities.
6.
Provide attractive lighting that supports and enhances the urban environment, emphasizes architectural elements, and encourage pedestrian activity and wayfinding beyond daylight hours, especially during the long nights of Pacific Northwest winters.
B.
Applicability. All outdoor lighting must comply with the provisions herein, unless otherwise exempted. This includes, but is not limited to, new lighting, replacement lighting, additions and alterations, or any other lighting whether attached to buildings, poles, structures, the earth, or any other location.
1.
The following types of lighting are exempt from the provisions of this section:
a.
Lighting solely for signs.
b.
Underwater lighting.
c.
Temporary and seasonal cord-and-plug portable lighting.
d.
Construction or emergency lighting.
e.
Outdoor rope and string lights for outdoor seating and gathering areas.
C.
General standards.
1.
All luminaires must be fully shielded and must not emit light into the upper hemisphere around the luminaire or onto adjacent properties and structures, either through exterior full cut-off shields or through optics within the fixture. Support and mounting systems for luminaires must not allow post-installation adjustments that could defeat compliance of this requirement.
2.
City-approved standardized fixtures must be used for sidewalk lighting located within the right-of-way or publicly accessible easements on private property.
3.
On-site lighting elements throughout and surrounding the site should be complementary, including internal walkway lighting, accent and parking lot lighting, and lighting of adjacent developments and the public right-of-way.
4.
Except as provided in this section, outdoor lighting is encouraged to follow the intensity, technology, and other recommendations of the International Dark Sky Association and the Illuminating Engineering Society of North America.
D.
Height.
1.
Freestanding lighting fixtures in parking lots must not exceed 20 feet in height. Lighting fixtures on the top level of parking garages must not exceed 12 feet in height.
2.
Pedestrian scale lighting must not exceed 16 feet in height.
3.
Building-mounted exterior lighting must not be placed at any point greater than 20 feet above the adjacent grade, except the height limit is 14 feet when within 100 feet of a residential zone. This standard does not apply to fully recessed lights, such as when mounted on the underside of a gas station fueling canopy or a building roof overhang.
4.
Building-mounted exterior lighting for roof decks is permitted provided the luminaires are located at least 10 feet horizontally from the edge of the roof.
E.
Parking lot lighting. Lighting in parking lots must be appropriate to create adequate visibility at night and evenly distributed to increase security. Lighting must be located so that trees within the parking lot do not obscure the operation of the light fixture.
F.
Lighting color (chromaticity). The correlated color temperature of all outdoor lighting must be 3,500 Kelvin maximum or lower (refer to American National Standard Institutes publication C78.377 for guidance on LED lighting). Exceptions may be made for architectural floodlighting, accent lighting, or outlining.
G.
Exterior lighting controls.
1.
Automated control systems, such as energy management systems, photoelectric switches, motion sensors, and astronomic timer switches, must be used to meet the hours of operation requirements and the technical and energy efficiency requirements of the applicable Washington State Energy Code.
2.
Exceptions:
a.
Egress lighting as required by the building code.
b.
Lighting required for accessibility.
c.
Lighting required by statute, law, or ordinance to operate all night.
d.
A manual override at each exit door is allowed regardless of automatic control device.
e.
Seasonal holiday lighting and event lighting.
H.
Prohibited lighting.
1.
Dynamic lighting.
2.
Luminaires exceeding 500,000 peak candelas and/or 500,000 lumens.
3.
Laser lighting.
4.
Any lighting of undeveloped environmentally sensitive areas.
5.
Any lighting that may be confused with warning signals, emergency signals, or traffic signals.
6.
Mercury, low pressure sodium, or other light sources in public areas that can impede or distort the perception of actual colors.
7.
Blinking, flashing, intermittent, and/or moving lights unless specifically allowed elsewhere in the Port Angeles Municipal Code.
8.
Lighting permanently attached to trees.
(Ord. 3688 § 34, 12/21/2021)
This section provides standards for the design of buildings consistent with the goals and policies of the comprehensive plan. See the individual "purpose" statements under each section.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To promote buildings with an architectural character that reflects the Port Angeles aesthetic and is based on human-scaled design details, durable high-quality materials, sustainable design measures, and responds uniquely to the site's context.
2.
To emphasize that high-quality design is most critical to Port Angeles' high-visibility sites and corridors.
3.
To avoid generic, corporate architectural design that degrades the character and identity of Port Angeles.
B.
Corporate architecture prohibited. Architecture that is defined predominately by corporate identity features and is difficult to adapt to other uses is prohibited. For example, some franchise convenience uses have very specific architectural features (such as a distinctive roofline design that functions as a sign) that reinforce their identity. As tenants change in these types of buildings, these corporate identity features can negatively impact the character of the area and identity of new tenants. These features can also be very expensive to reconfigure and adapt to new uses.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. This section contains standards that affect the massing of buildings through façade design articulation, façade width, and roofline design. The purpose of this section is:
1.
To employ architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.
2.
To integrate substantial articulated/modulated features on large buildings to break up the massing and add visual interest.
B.
Exemptions. The following buildings are exempt from the requirements this section:
1.
All buildings with less than 60 horizontal feet of façade.
C.
Façade articulation. Facade articulation to create a human-scaled pattern is required for building façades and other building elevations facing parks, containing primary building entrances, and adjacent to lower intensity zones. Articulation features are listed in subsection (D).
For non-residential buildings and non-residential portions of mixed use buildings, at least three articulation features must be employed at intervals no greater than 40 feet in the CBD, CN, CO, and CSD zones, and 50 feet in the CA zone.
Townhouse buildings, multi-family buildings, and residential portions of mixed use buildings façades in all applicable zones must employ at least three articulation features at intervals that relate to the location/size of individual units within the building (or no more than every 50 feet).
D.
Articulation features to meet the standards of (C) above include:
1.
Use of window patterns and/or entries that reinforce an articulation pattern.
2.
Use of awnings or similar weather protection features (not applicable to residential buildings).
3.
Use of vertical piers/columns.
4.
Change in roofline with a difference in height, slope or pitch, direction, or shape (such as towers or dormers).
5.
Change in building material or siding style.
6.
Other design techniques that effectively reinforce a pattern of small storefronts compatible with the building's surrounding context (not applicable to residential buildings).
For non-storefront building elevations, the following additional features may be used to meet façade articulation standards:
7.
Vertical elements such as a trellis with plants, green wall, or art element.
8.
Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per subsection (4) of this section or a change in building material, siding style, or color. On residential buildings balconies may be used to qualify for this option if they are recessed or projected from the façade by at least 18 inches. Juliet balconies or other balconies that appear to be tacked on to the façade will not qualify for this option unless they employ high quality materials and effectively meet the purpose of the standards.
9.
Other design techniques that effectively break up the massing of structures and add visual interest.
DEPARTURE: Other articulation features may be approved, provided they meet the purpose of the standards and the design criteria set forth in subsection (D) of this section.
E.
Departure criteria associated with articulation standards. Proposals must meet the purpose of the standards. The following criteria will be considered in determining whether the proposed articulation treatment meets the "purpose":
1.
The type and width of the proposed articulation treatment and how effective it is in meeting the purpose given the building's context.
2.
The applicable block frontage designation. Basic block frontages warrant more flexibility than block frontages designated as mixed or landscaped.
3.
The size and width of the building. Smaller buildings warrant greater flexibility than larger buildings.
4.
The quality of façade materials in concert with doors, windows, and other façade features and their ability to add visual interest to the street from a pedestrian scale and more distant observable scales.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. This section contains standards that affect the human experience of architecture at the ground level and the quality of windows. The purpose of this section is:
1.
To encourage the incorporation of design details and small-scale elements into building façades that are attractive at a pedestrian scale.
2.
To integrate window design that adds depth, richness, and visual interest to the façade.
3.
To create clear and welcoming building entries.
B.
Applicability. This section applies only in the CBD zone.
C.
Façade details—Nonresidential and mixed use buildings. The ground floor of commercial and mixed use buildings must be enhanced with appropriate details.
1.
This standard applies to building façades and building elevations facing parks and containing primary building entrances.
2.
All new buildings must employ at least one detail element from each of the three categories in subsection (D) for each façade articulation interval (see PAMC 17.22.330).
3.
All additions associated with Level II and III improvements (see PAMC 17.22.030) must employ at least one detail element from each of the three categories in subsection (D) for each façade articulation interval (see PAMC 17.22.330).
For example, a building with 120 feet of street frontage with a façade articulated at 40 feet intervals will need to meet the standards for each of the three façade segments below.
D.
Façade detail categories.
1.
Window and/or entry treatment:
a.
Display windows divided into a grid of multiple panes.
b.
Transom windows.
c.
Roll-up windows/doors.
d.
Other distinctive window treatment that meets the purpose of the standards.
e.
Recessed entry.
f.
Decorative door.
g.
Other decorative or specially designed entry treatment that meets the purpose of the standards.
2.
Building element, façade attachment, or façade detail:
a.
Custom-designed weather protection element such as a steel canopy, cloth awning, or retractable awning.
b.
Decorative building-mounted light fixtures.
c.
Bay windows, trellises, towers, and similar elements.
d.
Decorative, custom hanging sign(s) (option only available for building remodels).
e.
Other details or elements that meet the purpose of these standards.
3.
Decorative material and artistic elements:
a.
Decorative building materials/use of building materials. Examples include, but are not limited to, decorative use of brick, tile, or stonework.
b.
Artwork on building, such as a mural or bas-relief sculpture.
c.
Decorative kick-plate, pilaster, base panel, or other similar feature.
d.
Hand-crafted material, such as special wrought iron or carved wood.
e.
Other details that meet the purpose of the standards.
DEPARTURES will be considered, provided the façade (at the overall scale and at the individual articulation scale) meets the purpose of the standards above.
E.
Window design standards.
1.
All windows (except storefront display windows) must employ designs that add depth and richness to the façade. At least one of the following features must be included to meet this requirement:
(a)
Recess windows at least 1.5 inches from the façade.
(b)
Incorporate window trim (at least three inches wide) around windows.
(c)
Incorporate other design treatments that add depth, richness, and visual interest to the façade.
DEPATURES from the window standards above will be considered, provided the design meets the purpose of the standards.
2.
Standards for specialty glass and treatments:
a.
Ground floor windows on all buildings may not use glass that is highly reflective, mirrored, darkly-tinted, frosted, perforated, or otherwise treated to obscure visibility into the building.
b.
Exception: Frosted glass is allowed for ground floor residential units located within 15 feet of a sidewalk (see PAMC 17.22.170 for related standards). The treatment must not cover more than 50 percent of any window.
(i)
On other floors, highly reflective and mirrored glass must not be used on more than ten percent of a building façade or other building elevations facing parks and containing primary building entrances.
F.
Cornice/roofline design for flat roofs. Nonresidential and mixed use buildings employing a flat roof must employ a distinctive roofline that effectively provides an identifiable "top" to the building, including one of the following [Figure 17.22.330(F) below illustrates examples]:
1.
A traditional cornice line or a contemporary interpretation of a traditional cornice line. Such rooflines must be proportional to the size and scale of the building.
2.
Understated cornice lines are permitted depending on the materials and design of the base and middle elements in reinforcing the base/middle/top configuration.
Rooftop solar units are permitted, provided the placement and design of units visible from the surrounding streetscape are carefully integrated into the overall design concept of the building.
DEPARTURE: Alternative roofline designs may be acceptable, provided the building design, collectively, meets the purpose of the standards. For example, additional articulation treatments and/or detailing may help the building meet the departure criteria.
G.
Articulated building entries. The primary building entrance for an office building, hotel, multi-family building (when provided), public or community-based facility or other multi-story commercial building must be designed as a clearly defined and demarcated standout architectural feature of the building. Such entrances must be easily distinguishable from regular storefront entrances on the building and must be scaled proportional to the building. See Figure 17.22.330(G) below for good examples.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To encourage the use of durable, high quality, and urban building materials that minimize maintenance cost and provide visual interest from all observable vantage points.
2.
To promote the use of a distinctive mix of materials that helps to articulate façades and lends a sense of depth and richness to the buildings.
3.
To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale.
B.
Quality building materials.
1.
Applicants must use high quality durable materials. This is most important for the base of buildings, particularly for commercial and mixed use buildings where the façade is sited close to sidewalks.
2.
Prohibited exterior building materials:
a.
Fiberglass.
b.
Vinyl and plastic siding.
c.
Plywood.
d.
T-111 siding.
3.
The use of sustainably harvested, salvaged, recycled, or reused products is encouraged wherever possible.
C.
Special conditions and limitations for concrete block (also known as concrete masonry unit or CMU). Concrete block may be used as a cladding material if it is incorporated with other permitted materials and/or incorporates a combination of textures and/or colors to add visual interest. For example, combining split or rock-façade units with smooth blocks can create distinctive patterns. The figure below illustrates acceptable concrete block use/designs.
D.
Special conditions and limitations for metal siding. Metal siding may be used as a secondary cladding material (no more than 35 percent of the cladding for the façade and no more than 50 percent for other buildings elevations) if it is incorporated with other permitted materials and complies with the following standards:
1.
Metal siding must not extend lower than two feet above grade. Masonry, concrete, or other durable material must be incorporated between the metal siding and the ground plane.
2.
Metal siding must be factory finished with a matte, nonreflective surface.
3.
Metal siding must feature visible corner molding and trim
4.
Use of at least two colors of metal siding on the façade is encouraged but not required.
DEPARTURES will be considered, provided the material's integration and overall façade composition meets the purpose of the standards.
E.
Special conditions and limitations for the use of exterior insulation and finish system (EIFS). Such material/finishes may be used as a decorative accent cladding material if incorporated with other permitted materials and compliant with the following:
1.
EIFS must not extend lower than eight feet above grade. Concrete, masonry, or other durable material must be used for ground level wall surfaces to provide a durable surface where damage is most likely.
2.
EIFS is allowed as a secondary cladding material.
3.
EIFS must feature a smooth or sand finish only.
4.
EIFS must be trimmed in wood, masonry, or other material and must be sheltered from weather by roof overhangs or other methods.
DEPARTURES will be considered provided, the material's integration and overall façade composition meets the purpose of the standards.
F.
Special conditions and limitations for cementitious wall board paneling/siding. Such material may be used, provided it meets the following provisions:
1.
No more than 30 percent of the façade's cladding and 40 percent of other building elevations cladding may be one texture and color of cement board.
2.
Cement board paneling/siding may not be used on the ground floor of nonresidential or mixed use buildings where adjacent to a sidewalk or other internal walkway.
3.
Where cement board paneling/siding is used, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with façade details that add visual interest from the ground level and adjacent buildings.
DEPARTURES will be considered, provided the material's integration and overall façade composition meets the purpose of the standards.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To avoid untreated blank walls.
2.
To retain and enhance the character of Port Angeles' streetscapes.
B.
Blank wall definition. A ground floor wall (including building façades and retaining walls) is considered a blank wall if it does not include a transparent window or door, it is over ten feet in height, and it has a horizontal length greater than:
1.
15 feet (when the wall is located less than five feet from the front lot line).
2.
20 feet (when the wall is located five to ten feet from the front lot line).
3.
25 feet (when the wall is located more than ten feet from the front lot line).
C.
Blank wall treatment options. Untreated blank walls located within 100 feet of, and visible from a street, public space, ground-level residential amenity space, or internal walkway are prohibited. Methods to treat blank walls include the following (a variety of treatments may be required to meet the purpose of the standards):
1.
Display windows at least 16 inches of depth to allow for changeable displays. Tack on display cases do not qualify as a blank wall treatment.
2.
Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall with planting materials that are sufficient to obscure or screen at least 60 percent of the wall's surface within three years.
3.
Installing a vertical trellis or "green wall" in front of the wall with climbing vines or plant materials. The method must be sufficient to obscure or screen at least 60 percent of the wall surface within three years. This option requires an irrigation and maintenance plan sufficient to maintain healthy plants for the life of the building.
4.
Installing a non-commercial mural or other permanent art feature, such as metal work or mosaics, subject to final approval by the Director.
5.
Building detailing that adds visual interest at a pedestrian scale such as belt courses of masonry, decorative tile work, or accent lighting. Such detailing must use a variety of surfaces; monotonous designs will not meet the purpose of the standards.
(Ord. 3688 § 34, 12/21/2021)
Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents, business, and visitors of Port Angeles. Specifically, these requirements are intended to accomplish the following:
A.
Maintain and enhance property values.
B.
Enhance the character and appearance of each neighborhood and the community.
C.
Promote tree retention and the protection of existing native vegetation.
D.
Implement tree and landscaping plans and programs adopted by the City.
E.
Provide adequate buffers between differing land uses.
F.
Define, break up, and screen parking areas to reduce potentially negative impacts on adjacent uses.
G.
Improve the air quality and provide wildlife habitat.
H.
Reduce erosion and stormwater runoff.
(Ord. 3688 § 34, 12/21/2021)
Applicability. Sections 17.22.400—17.22.460 apply to all new commercial and multi-family development and where new landscaping or trees required by other sections of this title. This chapter does not apply to required street trees (see Chapter 11.13 PAMC for street tree standards).
(Ord. 3688 § 34, 12/21/2021)
A.
A landscape plan is required for all new commercial and multi-family development containing landscaping, including landscaping within the adjacent right-of-way.
B.
Landscape plans must be completed by a Washington State licensed landscape architect or Washington certified professional horticulturalist (CPH) for multi-family and nonresidential developments with a development site area of 10,000 gross square feet or more.
C.
Landscape plans must show the following elements:
1.
Boundaries and dimensions of the site.
2.
Location of existing and proposed streets, curbs, utility lines, and sidewalks.
3.
Location of buildings and structures, parking lots, driveways, loading areas, outdoor mechanical equipment, signs, refuse enclosures, overhead utilities, water meter location, grassy swales, parking lot lighting, and any plants or trees that are to remain on site.
4.
The location and design of landscape areas to be preserved and planted, and plant list to include the location, number, size, and type of plant material by botanical and common name.
5.
North arrow and scale.
6.
Irrigation system if a permanent or temporary system is proposed.
7.
Planting details.
8.
Name, address, and phone number of the person preparing the plan.
9.
Landscaping calculations in compliance with this chapter.
10.
A maintenance plan for any infiltration-based stormwater best management practices (BMPs) built as part of the landscaping design, including the specifications and maintenance procedures of any soil amendments.
D.
No building permits will be issued until a landscape plan is reviewed and approved. No certificate of occupancy (CO) will be issued until improvements are installed per the approved landscape plan. A suitable guarantee may be provided if installation is not possible or advisable due to seasonal constraints.
(Ord. 3688 § 34, 12/21/2021)
A.
Native and naturalized plant species. New landscaping materials must include species native to the region or hardy, waterwise, and noninvasive species appropriate in the climatic conditions of the region (decorative annuals are an exception). Generally acceptable plant materials must be those identified as hardy in Zone 8b as described in the United States Department of Agriculture's Plant Hardiness Zone Map. The selection of plant species should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, compatibility with existing native vegetation preserved on the site, water conservation where needed, soil infiltration capacity, and the impact of landscaping on visibility of the site for purposes of public safety and surveillance.
B.
Tree standards.
1.
The following terms are used to denote tree heights within this chapter:
a.
Large tree: capable of growing 35 feet high or greater under normal growing conditions.
b.
Medium tree: capable of growing over 15 feet high and less than 35 feet high under normal growing conditions.
c.
Small tree: capable of growing up to 15 feet high under normal growing conditions.
2.
Unless otherwise noted, required trees must meet the following standards at the time of planting:
a.
Deciduous trees (other than street trees) must be fully branched, have a minimum caliper of 1½ inches (as measured six inches above the root ball), and a minimum height of six feet at the time of planting.
b.
Deciduous trees within parking areas must be a minimum caliper of one inch (as measured six inches above the root ball) and a minimum height of ten feet at the time of planting.
c.
Coniferous trees must be fully branched and a minimum of six feet in height, measured from the treetop to the ground, at the time of planting.
C.
Shrub standard. Shrubs, except for ornamental grasses, must be a minimum of one-gallon size at the time of planting.
D.
Groundcover standards and guidelines.
1.
Groundcovers must be planted and spaced to result in total coverage of the required landscape area within three years, or as recommended by a Washington State licensed landscape architect or Washington certified professional horticulturalist, and must meet the following requirements:
a.
Four-inch pots at 18 inches on center.
b.
One-gallon or greater sized containers at 24 inches on center.
2.
A bed of flowers may be used in place of groundcover plants. A reduction in the minimum container size may be permitted if certified by a Washington State licensed landscape architect or Washington certified professional horticulturalist that the reduction must not diminish the intended effect or the likelihood the plants will survive.
3.
Grass is acceptable as groundcover in landscaped areas, but generally not preferred for water conservation and maintenance purposes (lawn areas designed as play areas are an exception).
4.
Groundcover areas must contain at least two inches of composted organic material at finished grade.
E.
Tree and plant diversity.
1.
If there are more than eight required trees, no more than 40 percent of them may be of one species.
2.
If there are more than 24 required trees, no more than 20 percent of them may be of one species.
3.
If there are more than 24 required shrubs, no more than 75 percent of them may be of one species.
F.
Soil augmentation and mulching.
1.
Existing soils must be augmented with a two-inch layer of fully composted organic material tilled a minimum of six inches deep prior to initial planting.
2.
Landscape areas must be covered with at least two inches of mulch to minimize evaporation. Mulch must consist of organic materials such as bark chips and wood grindings or yard waste, sawdust, and/or manure that is fully composted. Washed rock can also be used as a mulch.
G.
Landscape installation standards.
1.
All required landscaping must be in-ground, except when in raised planters. Plant materials must be installed to current nursery industry standards.
2.
Plant materials must be properly supported to ensure survival. Support devices such as guy wires or stakes must not interfere with vehicular or pedestrian movement. Where support is necessary, stakes, guy wires or other measures must be removed as soon as the plant can support itself.
3.
Existing trees and plant materials to be retained must be protected during construction, such as by use of temporary chain-link or other sturdy fence placed at the dripline of trees to be retained. Grading, topsoil storage, construction material storage, vehicles and equipment must not be allowed within the dripline of trees to be retained.
4.
Installation of landscaping materials must take into consideration access to utility vaults, pedestals, and other public and private utility facilities.
5.
Tree/shrub height and location. The landscape plan should plan for the mature size of trees and major shrubs to avoid interference with windows, decks or lighting.
6.
Trees must be protected by fencing until they are mature enough to withstand typical wildlife activity.
(Ord. 3688 § 34, 12/21/2021)
Below are the planting and design requirements for specific landscaping types. These landscaping types apply when required by this chapter.
A.
Type A landscaping.
1.
Purpose. Type A landscaping functions as a full screen and visual barrier. This landscaping is typically found between residential and nonresidential areas for screening unwanted views.
2.
Screening requirement. The selected plant materials and configuration must be able to screen 70 percent of the unwanted views within five years of planting and screen substantially all of the unwanted views within six years of planting. This requirement must account for the size and characteristics of materials planted, their typical growth rate, and size at maturity.
3.
Planting requirements. Type A landscaping must consist of the following:
a.
Tree type. Predominately coniferous (more than 50 percent).
b.
Tree size. A variety of tree sizes may be used, provided at least 70 percent are medium or large [see PAMC 17.22.420(B)(1)]. Trees must be planted at the following spacing standards ("on center" refers to the distance from other trees of any size):
i.
Large trees must be spaced between 20 and 25 feet on center.
ii.
Medium trees must be spaced between 15 and 20 feet on center.
iii.
Small trees must be spaced between ten and 15 feet on center.
c.
Shrubs. Predominately coniferous provided at the rate of one shrub per 20 square feet of landscape strip.
d.
Groundcover. Planted at a density to cover the required area within three years.
e.
Species diversity. Trees and shrubs must comply with PAMC 17.22.420(E).
DEPARTURES that vary from the planting requirements of this subsection (A)(3) will be considered, provided the proposal meets the screening requirement of subsection (A)(2) of this section.
B.
Type B landscaping.
1.
Purpose. Type B landscaping is a "filtered screen" that functions as a visual separator. This landscaping is typically found between differing types of residential development and used for screening unwanted views from the pedestrian environment.
2.
Screening requirement. The selected plant materials and configuration must meet the purpose of the standards within five years of planting. This requirement must account for the size and characteristics of materials planted, their typical growth rate, and size at maturity.
3.
Planting requirements. Type B landscaping must minimally consist of:
a.
Tree type. At least 50 percent deciduous and at least 30 percent coniferous.
b.
Tree size. A variety of tree sizes may be used, provided at least 70 percent are medium or large (see PAMC 17.22.400(B)(1)). Trees must be planted at the following spacing standards ("on center" refers to the distance from other trees of any size):
i.
Large trees must be spaced between 20 and 25 feet on center.
ii.
Medium trees must be spaced between 15 and 20 feet on center.
iii.
Small trees must be spaced between ten and 15 feet on center.
c.
Shrubs. Provided at the rate of one shrub per 20 square feet of landscape strip and spaced no more than eight feet on center.
d.
Groundcover. Planted at a density to cover the buffer within three years.
e.
Species diversity. Trees and shrubs must comply with PAMC 17.22.420(E).
DEPARTURES that vary from the planting requirements of this subsection (B)(3) will be considered, provided the proposal meets the screening requirement of subsection (B)(2) of this section.
C.
Type C landscaping.
1.
Purpose. Type C landscaping is a "see-through screen" that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along lot frontages or between multi-family developments.
2.
Screening requirement. The selected plant materials and configuration must meet the purpose of the standards within five years of planting. This requirement must account for the size and characteristics of materials planted, their typical growth rate, and size at maturity.
3.
Planting requirements. Type C landscaping must minimally consist of:
a.
Tree species. At least 70 percent deciduous.
b.
Tree type. A variety of tree sizes may be used, provided at least 70 percent are medium or large (see PAMC 17.22.420(B)(1)). Trees must be planted at the following spacing standards ("on center" refers to the distance from other trees of any size):
i.
Large trees must be spaced between 20 and 25 feet on center.
ii.
Medium trees must be spaced between 15 and 20 feet on center.
iii.
Small trees must be spaced between ten and 15 feet on center.
c.
Shrubs. Provided at the rate of one shrub per 20 square feet of landscape strip and spaced no more than eight feet on center.
d.
Groundcover. Planted at a density to cover the buffer within three years.
e.
Species diversity. Trees and shrubs must comply with PAMC 17.22.420(E).
f.
Maintenance. Maintain trees and shrubs to maximize pedestrian visibility (generally between three and eight feet above grade).
DEPARTURES that vary from the planting requirements of this subsection (C)(3) will be considered, provided the proposal meets the screening requirement of subsection (C)(2) of this section.
D.
Type D landscaping.
1.
Type D landscaping refers to all other landscaped areas that do not qualify as Type A, B, C, E, or F landscaping. While native and low-maintenance trees and shrubs are encouraged in these areas, lawn areas may be used for recreational or design purposes. These areas may also include flower beds and perennial beds.
2.
Type D landscaping may include any combination of plant materials, provided they comply with the plant materials standards in PAMC 17.22.420.
E.
Type E landscaping—Low hedge. A low hedge is intended to function as an attractive visual divider of space rather than a visual buffer between uses and properties. To qualify as a hedge landscaping type, the planting must be at least 30 inches wide and 30 inches tall. The hedge includes plant materials that typically grow no taller than five feet at maturity or are maintained between 30 inches and 48 inches tall (see the sight obstruction height limits of the Port Angeles Urban Services Standards and Guidelines Manual when near an intersection).
F.
Type F landscaping—Rain garden.
1.
A rain garden is a planted depression that collects, absorbs, and filters rainwater runoff from impervious areas. They are sized to accommodate temporary ponding and are not meant to be permanent ponds. They can also function as an attractive visual divider of space. Typical rain garden elements include:
a.
Garden is located and designed to capture impervious area runoff.
b.
Six- to 12-inch ponding depth.
c.
Two- to three-inch mulch layer.
d.
Gradual side slopes (typically 2:1).
e.
Overflow design elements with measures to prevent erosion.
f.
Generous plantings of a variety of small trees, shrubs, groundcovers, and grasses. Select plants suitable for the planting zones within the garden and around the perimeter.
Refer to the current Rain Garden Handbook for Western Washington for further guidance on rain garden location, design, planting, construction, and maintenance. The current Stormwater Management Manual for Western Washington (SWMMWW) may have altered requirements for engineered rain gardens that are required for on-site stormwater management.
2.
The applicability of rain gardens in site design will be determined by project size and flow control exemptions based upon minimum requirement No. 5 of the Western Washington Phase II municipal stormwater permit.
(Ord. 3688 § 34, 12/21/2021)
A.
Required buffer standards. Landscape buffers between certain uses may be called for in Table 17.22.430 below or elsewhere in this title. The following interpretations apply to Table 17.22.430:
1.
The preservation of existing mature trees and vegetation may be preferable to new plant materials in the required buffer areas. The Director may require any of the following to better ensure the survival of existing mature trees and vegetation:
a.
Augment existing plantings with new plant materials to meet the purpose of the standards.
b.
Require wider buffers to better ensure the survival of existing mature trees and vegetation. This must be accompanied by use of a buffer averaging approach in which the buffer may be reduced in other locations to achieve, on average, the minimum buffer width required in Table 17.22.430 or elsewhere in this title.
c.
Other supplemental planting conditions.
2.
The letters A, B, C, D, E, and F refer to the landscape types described in PAMC 17.22.425. Where more than one buffer type is referenced in a cell, one of the subject buffer types is required. The term "all" means that any of the landscaping types may be used.
3.
The term "fence" refers to the requirement of a six-foot-high sight-screening fence. Such fences must comply with the provisions of PAMC 17.94.140.
4.
The numbers refer to the minimum required width of the required landscaping buffer.
5.
Where superscript numbers are included in a cell, see the corresponding note matching the number below the table.
6.
The screening elements must extend along the entire property line between the uses/properties except where precluded by structures, driveways, or similar obstructions.
7.
Where the use is across the street from an existing abutting use or zone, only the buffer type listed for the abutting street is required.
8.
DEPARTURES. Alternative buffer treatments may be approved per PAMC 17.22.040 for any of the buffer types required below, provided they meet the purpose of this chapter.
B.
Supplemental buffer standards.
1.
For screening requirements for service areas and mechanical equipment for nonresidential and multi-family development, see PAMC 17.22.250.
2.
Required buffer vegetation must be planted within the property boundaries.
3.
The height of any screen material required by this chapter in the vicinity of a point of ingress and egress may not exceed 30 inches in height within the clear-vision triangle (PAMC 17.94.090).
(Ord. 3688 § 34, 12/21/2021)
A.
Nonresidential and multi-family developments must include landscaping between the sidewalk and building or parking areas in conformance with this chapter. Such landscaping must include one or more of the landscaping types set forth in PAMC 17.22.425. Storefront buildings are exempt from this standard. Reductions in landscaping are allowed for walkways, stoops, porches, patios, pedestrian-oriented space, utility elements, and permitted vehicular access and signage elements.
B.
Where buildings are set back at least 15 feet from a street property line, trees must be planted at a minimum average of 30 feet apart in such planting areas, with groundcover or shrubs used liberally.
DEPARTURES may be considered, provided alternative treatments meet the purposes of this chapter.
C.
Trees utilized in these planting areas must minimize conflict with underground and overhead utilities. Trees must be from the approved list of recommended plant materials or an approved equivalent.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. The purpose of parking lot landscape development is to soften the visual effect created by large expanses of barren asphalt.
B.
Required area. Planting areas in new parking areas with ten or more spaces or in upgraded or improved parking areas with ten or more spaces must constitute at least five percent of the parking area. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet must be landscaped. Vegetation within LID facilities may be used to meet landscaping requirements.
C.
Minimum width and length. Planting areas must have a minimum average width of 7.5 feet (measured inside the curb) and must be the same length as the parking stall or column.
D.
Planting type. Type C landscaping must be used in required planting areas. Rain gardens, or other vegetated LID BMPs, may be integrated into planting strips, provided they integrate the same number of trees as for Type C landscaping.
E.
Distribution. Landscaped areas must be distributed throughout the parking lot and must have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces.
F.
Parking lot perimeters.
1.
For parking lots adjacent to public streets, Type C landscaping must be used at least 7.5 feet deep, except where a greater buffer width is required per the standards in subsections (A and B) of this section.
DEPARTURES to this standard will be considered pursuant to PAMC 17.22.040, provided they meet the purpose of the standards noted above. Examples of acceptable departures may include decorative low walls with landscaping, decorative elevated planters, landscaping with a trellis, a shared-access drive, or a shared pathway. See Figure 17.22.430(F) for examples.
2.
For parking lots along internal lot lines, Type A, B, or C landscaping must be used at least 7.5 feet deep, except where a greater buffer width is required per the standards in subsections (A and B) of this section. Where recorded cooperative parking agreements are in place between adjacent properties, sites are exempt from the subject parking lot landscaping buffer (see PAMC 14.40.070).
DEPARTURES to this standard and reductions in depth by up to 50 percent will be considered pursuant to PAMC 17.22.040, provided they meet the purpose of the standards noted above.
(Ord. 3688 § 34, 12/21/2021)
A.
Existing site vegetation—General. Applicants are encouraged to retain existing native vegetation, including indigenous shrubs, herbaceous plants, and significant trees on the subject property.
B.
Special Fire Department standards.
1.
Landscaping in the vicinity of any fire hydrant, Fire Department sprinkler connection or standpipe connection should not prevent such equipment from being immediately discernible nor deter or hinder the Fire Department from gaining immediate access to the equipment. This section includes the guidelines for landscaping around the equipment, with final approval from the City Fire Marshal.
2.
Fire hydrants.
a.
Fire hydrants must be free from obstruction on all sides by a minimum clearance of three feet.
b.
Fire hydrants along streets, driveways, parking lots, fire access routes (fire lanes), or at intersections must be visible for at least 100 feet in all directions along such streets, driveways, access routes or intersections. No plants or shrubs with a height of over 18 inches and no tree with branches or foliage below five feet must be allowed in this sight visibility area.
3.
Sprinkler and standpipe connections.
a.
Fire Department connections for sprinklers and standpipes must be free from obstructions on all sides by a minimum clearance of three feet.
b.
When a Fire Department connection is over 25 feet from a street, driveway, parking lot, or fire access route, a clear path must be maintained with minimum width of three feet between the Fire Department connection and the street, driveway, parking lot or fire access route.
(Ord. 3688 § 34, 12/21/2021)
A.
Property owners and their agents, heirs, or assigns are responsible for maintaining all required landscaping and screening areas in a healthy, growing condition.
B.
All landscaping and screening areas must be maintained reasonably free of weeds and trash, treated for pests/diseases in accordance with the approved landscape plan, and maintained so as to prevent mulch, straw, dirt, or other materials from washing onto streets, sidewalks, and adjoining properties.
C.
Any dead, unhealthy, or missing vegetation, or vegetation disfigured by severe or excessive pruning, unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, must be replaced with equivalent vegetation that conforms to the approved landscaped plan and the standards of this chapter.
D.
Any engineered soil amendments must be maintained and replaced as needed to continue the original function of stormwater best management practices.
(Ord. 3688 § 34, 12/21/2021)
The purpose of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering.
All required landscaped areas must comply with at least one of the following:
A.
A permanent built-in irrigation system with an automatic controller that serves the proposed landscape area, to be installed and operational before the City grants an occupancy permit or final inspection for the development.
B.
A temporary irrigation system that services the proposed landscape area, provided the applicant can successfully demonstrate that the proposed temporary irrigation system will provide sufficient water to ensure that the plant materials to be planted will survive installation, and once established, will survive without watering other than natural rainfall.
C.
A permanent or temporary irrigation system will not serve the proposed landscape area, provided:
1.
The Director finds the landscape area otherwise fulfills the requirements of this section.
2.
The applicant submits all of the following with the site plan application:
a.
A statement from a Washington State licensed landscape architect or Washington certified professional horticulturalist (CPH) certifying that the materials to be planted will survive without watering other than natural rainfall.
b.
A plan for monitoring the survival of required vegetation for at least one year and for detection and replacement of required vegetation that does not survive with like-kind material or other material approved by the City.
c.
A statement from the applicant agreeing to install an irrigation system if the reviewing authority finds one is needed to ensure survival of required vegetation, based on the results of the monitoring plan.
(Ord. 3688 § 34, 12/21/2021)
If landscaping improvements cannot be installed prior to a formal certificate of occupancy, a cash deposit, letter of credit or other assurance acceptable to the City equal to 150 percent of the estimated installation costs is required. Such deposit must be accompanied by a letter which stipulates completion of all landscape improvements within six months of the certificate of occupancy or date of final approval, whichever is later. If these conditions are not met, the City may use the deposit to install the landscaping.
(Ord. 3688 § 34, 12/21/2021)
ZONING
Editor's note— Formerly entitled "R7, Residential, Low Density," which was renamed by Ord. 3710, as herein set out.
Editor's note— Formerly entitled "RS-9 Residential, Single-Family," which was renamed by Ord. 3640, as herein set out.
Editor's note— Formerly entitled "RS-11 Residential, Single-Family," which was renamed by Ord. 3640, as herein set out.
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, renumbered §§ 17.14.025—17.14.070 of Ch. 17.14 as §§ 17.14.030—17.14.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Editor's note— Ord. 3688 § 30, adopted Dec. 21, 2021, repealed the former Ch. 17.15., §§ 17.15.010—17.15.080 and enacted new provisions §§ 17.15.010—17.15.040 as set out herein. The former §§ 17.15.050—17.15.080 pertained to area, dimensional and density requirements; off-street parking; signs; and design and landscaping, which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 6, adopted Dec. 20, 2016; Ord. 3548 § 8, adopted Jan. 5, 2016; Ord. 3343 § 6, adopted Jan. 1, 2009; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2668 § 3 (part), adopted Jan. 17, 1992; Ord. 2666 § 3 (part), adopted Jan. 17, 1992; Ord. 2652 § 6 (part), adopted Sept. 27, 1991; Ord. 2636 § 9 (part), adopted May 15, 1991; Ord. 2538 § 1, adopted June 28, 1989; Ord. 2397 § 1 (part), adopted June 16, 1986; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, changed the title of Ch. 17.17 from "HO - Home Occupations Permit" to "HO - Home Occupations."
Editor's note— Ord. 3688 § 32, adopted Dec. 21, 2021, repealed the former Ch. 17.20, §§ 17.20.010—17.20.230, and enacted a new Ch. 17.20 as set out herein. The former Ch. 17.20 was entitled "CO - Commercial, Office," and derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 8, adopted Dec. 20, 2016; Ord. 3343 § 7, adopted Jan. 1, 2009; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3123 § 11, adopted Oct. 11, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2926 § 3 (part), adopted Aug. 26, 1996; Ord. 2921 § 8, adopted June 28, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 19, 1993; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2715 § 4 (part), adopted Oct. 16, 1992; Ord. 2702 § 1, adopted Aug. 14, 1992; Ord. 2666 § 4, adopted Jan. 17, 1992; Ord. 2652 §§ 7, 8, adopted Sept. 27, 1991; Ord. 2635 § 5, adopted May 15, 1991; Ord. 2278 § 1, adopted Dec. 26, 1983; and Ord. 2109 §§ 2—7, 9, adopted Dec. 7, 1980.
Editor's note— Ord. 3688 § 33, adopted Dec. 21, 2021, repealed the former Ch. 17.21, §§ 17.21.010—17.21.230, and enacted a new Ch. 17.21 as set out herein. The former Ch. 17.21 was entitled "CN - Commercial, Neighborhood," and derived from: Ord. 3643 § 1, adopted Nov. 6, 2019; Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 9, adopted Dec. 20, 2016; Ord. 3548 § 12, adopted Jan. 5, 2016; Ord. 3390 § 5, adopted Jan. 30, 2010; Ord. 3343 § 8, adopted Jan. 1, 2009; Ord. 3332 § 3, adopted Apr. 25, 2008; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3155 §§ 8, 9, adopted Jan. 30, 2004; Ord. 3123 § 12, adopted Oct. 11, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2921 § 9, adopted June 28, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2797 § 3, adopted Feb. 11, 1994; and Ord. 2797 § 3, adopted Feb. 11, 1994.
Editor's note— Ord. 3688 § 34, adopted Dec. 21, 2021, repealed the former Ch. 17.22, §§ 17.22.010—17.22.230, and enacted a new Ch. 17.22 as set out herein. The former Ch. 17.22 was entitled "CSD - Community Shopping District," and derived from: Ord. 3643 § 2, adopted Nov. 6, 2019; Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 10, adopted Dec. 20, 2016; Ord. 3548 § 13, adopted Jan. 5, 2016; Ord. 3390 § 6, adopted Jan. 30, 2010; Ord. 3332 § 4, adopted Apr. 25, 2008; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 3155 §§ 10, 11, adopted Jan. 30, 2004; Ord. 3123 § 13, adopted Oct. 11, 2002; Ord. 3111 § 4, adopted Mar. 15, 2002; Ord. 3071 § 4 (part), adopted Dec. 15, 2000; Ord. 3042 § 3 (part) adopted Jan. 28, 2000; Ord. 3007 § 5 (part), adopted Jan. 15, 1999; Ord. 2977 § 1 (part), adopted Dec. 26, 1997; Ord. 2921 § 10, adopted June 28, 1996; Ord. 2863 § 3, adopted Apr. 14, 1995; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; and Ord. 2797 § 4, adopted Feb. 11, 1994.
Editor's note— Formerly Ch. 17.23 was entitled "CA - Commercial, Arterial," which was deleted by Ord. 3710 § 1, adopted March 21, 2023.
Editor's note— Formerly Ch. 17.24 was entitled "CBD - Central Business District," which was repealed by Ord. 3688 § 35, adopted Dec. 21, 2021.
Editor's note— Ord. 3745 § 2(Att. B), adopted Feb. 4, 2025, repealed the former Ch. 17.26 §§ 17.26.010—17.26.140, and enacted a new Ch. 17.26 as set out herein. The former Ch. 17.26 was entitled "RS - Retail Stands," and derived from: Ord. 3577 adopted Mar. 21, 2017; Ord. 3123 adopted Oct. 11, 2002; Ord. 3042 adopted Jan. 28, 2000; Ord. 2861 adopted Mar. 17, 1995; Ord. 2739 adopted Jan. 29, 1993; Ord. 2596 adopted June 27, 1990; and Ord. 2471 adopted Jan. 1, 1988.
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Ch. 17.95 and enacted a new chapter as set out herein. The former Ch. 17.95 §§ 17.95.010—17.95.170, entitled "Special Provisions," derived from: Ord. 3548 § 24, adopted Jan. 5, 2016; Ord. 3517 § 9, adopted Oct. 21, 2014; Ord. 3272, adopted Feb. 16, 2007; Ord. 3123 §§ 24, 25, adopted Oct. 11, 2002; Ord. 3009 § 1, adopted Feb. 12, 1999; Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 29, 1993; Ord. 2668 §§ 10, 11 (part), adopted Jan. 17, 1992; Ord. 2636 § 16 (part), adopted May 15, 1991; Ord. 2595 § 9, adopted June 27, 1990; Ord. 2334 § 2, adopted Apr. 10, 1985; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
This Zoning Code is adopted for the following purposes:
A.
To implement the requirements of the State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses.
B.
To maintain the stability of residential, commercial, manufacturing, public and mixed use areas within the City, and to promote the orderly and appropriate development of such areas.
C.
To regulate the intensity of use of lots and parcels of land, and to determine the spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property.
D.
To sustain natural landscapes, corridors, and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas.
E.
To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off-street parking standards for motor vehicles, the loading and unloading of commercial vehicles, public transit access, and pedestrian safety.
F.
To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public, or other mixed uses within such lines.
G.
To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them.
H.
To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City.
I.
To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
J.
To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones.
K.
To conserve the taxable value of land and buildings throughout the City.
L.
To encourage the preservation of historic or culturally significant sites and structures throughout the City.
M.
To define and to limit the powers and duties of the administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions.
N.
To improve the variety, quality, availability, and affordability of the housing opportunities in the City.
O.
To avoid or mitigate significant adverse impacts such as hazardous materials, air and water pollution, noise, traffic, outside storage, large structures, and public safety problems which can be associated with specific land uses and thereby reduce conflicts between adjacent land uses.
P.
To identify what development should take place in each zone to accomplish the desired urban design as defined by the City's land use planning policies and regulations.
(Ord. 3710 § 1, 3/21/2023; Ord. 3123 § 1 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 1 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
The zones in this Zoning Code are established for the following purposes:
A.
R7 Zone. This is a mixed density residential zone intended to provide a diverse mix of infill housing and single-household residential neighborhoods that historically consisted of predominantly single-household dwellings on standard townsite-size lots. Uses which are compatible with and functionally related to a a diverse mix of lower and middle density residential environments may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the original townsite residential neighborhoods, following a standard rectangular street grid system of 60-foot rights-of-way for local access streets and 300-foot by 450 or 500-foot blocks with 50-foot by 140-foot lots and usually located in areas that are largely developed and closer to the center of the City.
B.
R9 Zone. This is a low density residential zone intended to create and preserve urban single-household residential neighborhoods consisting of predominantly single-household dwellings on larger than standard townsite-size lots. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single-household residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land.
C.
R11 Zone. This is a low density residential zone intended to create and preserve suburban sized single-household residential neighborhoods consisting of predominantly single-household dwellings on larger than standard sized townsite-sized lots, while maintaining densities at or more than four dwelling units per acre. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single-family residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land.
D.
RTP Overlay Zone. This is a mixed density residential zone intended predominantly for state regulated manufactured structure occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single-household, manufactured home parks, following an irregular urban land use pattern of private access roads and minimum 3,500 square foot lots.
E.
RMD Zone. This is a medium density residential zone, which allows a mix of single-household dwellings, duplexes and apartments at a minimum density greater than single-household neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be less restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for variety in the urban land use pattern for the City's lower density multi-family residential neighborhoods (at twice the density of the City's basic single-household residential neighborhoods) with direct access on an arterial street, and serving as a transitional use between low density residential uses and commercial/industrial uses.
F.
RHD Zone. This is a high density residential zone for multi-family structures. Compatible uses may be allowed on conditional use permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi-family residential neighborhoods usually located in areas that are largely developed and closer to the center of the City.
G.
PRD Overlay Zone. This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as 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 residential zones of differing density. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in residential zones.
H.
CO Zone. This is a commercial zone intended for those business, office, administrative, or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single-household residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development.
I.
CN Zone. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone should be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multi-family residential uses are allowed. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development.
J.
CSD Zone. This is a commercial zone that is slightly less restrictive than the CN zone. This zone provides the basic urban land use pattern for large lot, commercial uses serving much of the City with direct access on an arterial street. Businesses in this zone occur on sites of varying sizes and should be located on arterial streets of sufficient size and design standards to accommodate greater automobile and truck traffic. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed.
K.
CA Zone. This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic.
L.
CBD Zone. This is a mixed use zone intended to strengthen and preserve the area commonly known as the downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. This zone has standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. This zone provides the basic urban land use pattern for high density, pedestrian oriented, commercial uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements.
M.
CR Zone. This is a commercial zone intended to create and preserve areas for large land intensive commercial uses that provide retail services to a regional market. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors.
N.
IM Zone. This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, which are characterized as water-dependent or water related. Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water-dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or nonindustrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and therefore heavy industrial manufacturing uses, which have significant nuisance factors, shall not be located in this zone.
O.
IP Zone. This is an industrial zone intended to create and preserve areas for office, commercial and industrial uses devoid of exterior nuisances in a planned, campus-like setting. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial and industrial uses typically involve the need for a large campus-like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street, design standards for high density, pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development, and support for private parking and business improvements.
P.
IL Zone. This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for nonindustrial uses.
Q.
IH Zone. This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult-only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical.
R.
PBP Zone. This is a zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use, subject to environmental impact mitigation.
S.
Home occupation permit. The purpose of this chapter is to ensure that an occupation or business undertaken within a primary or accessory structure located in a residential use district is incidental and subordinate to the primary use and is compatible with the existing neighborhood. This special use permit provides allowances for business activities taking place within a residential use.
T.
Reserved.
U.
Adult entertainment use. The purpose of this chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides procedures and regulations for specific adult-only business activities.
V.
Retail stand permit. The purpose of this chapter is to ensure that retail stands are appropriately located in the commercial and public areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. This special use provides procedures and regulations for business activities taking place outside a building or on public property.
W.
Junkyard conditional use. The purpose of this chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides for junk yards to be permitted through the conditional use permit process.
(Ord. 3728 § 5(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 7, 12/21/2021; Ord. 3548 § 1, 1/5/2016; Ord. 3517 § 1, 10/21/2014; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 1 (part), 10/11/2002; Ord. 3111 § 3, 3/15/2002; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2797 § 2, 2/11/1994; Ord. 2715 § 1, 10/16/1992; Ord. 2668 § 1 (part), 1/17/1992; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2553 § 1, 12/2/1989; Ord. 2511 § 1, 10/4/1988; Ord. 2483 § 1 (part), 3/23/1988; Ord. 2385 § 1 (part), 3/28/1986; Ord. 2329 § 1 (part), 3/11/1985; Ord. 2303 § 1 (part), 7/4/1984; Ord. 2293 § 1 (part), 4/4/1984; Ord. 2109 § 2, 12/7/1980; Ord. 2103 § 2, 10/18/1980; Ord. 2070 § 1 (part), 3/29/1980; Ord. 2038 § 1 (part), 7/29/1979; Ord. 1709 § 1 (part), 12/22/1970)
For the purpose of these regulations the City of Port Angeles is divided into 22 zoning classifications as follows:
*Sections 17.44 and 17.45 were added pursuant to Ordinance 3293, 8/31/2007
(Ord. 3710 § 1, 3/21/2023; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 part, 3/17/1995; Ord. 2798 § 2, 2/25/1994; Ord. 2715 § 2, 10/16/1992; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A zoning map, showing the location and the boundaries of the various zones in the City, shall be established as the Official Zoning Map and shall be an integral part of these Zoning Regulations. The Zoning Map shall be consistent with the City's Comprehensive Plan Land Use Map, and the land use designations on the Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the Comprehensive Plan Map. Where the zoning land use designation is at a lesser intensity than the comprehensive plan designation, a rezone may be granted if circumstances have been shown to be changed and the public use and interest is served. Where the zoning land use designation is at a greater intensity than the comprehensive plan designation, a rezone consistent with the comprehensive plan must be obtained before new development will be permitted.
(Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 2 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning.
(Ord. 3089 § 2 (part), 6/29/2001; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
In the construction of the City's Zoning Regulations, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
A.
Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive.
D.
The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Accessory building. See "Building, accessory."
B.
Accessory use. The subordinate and incidental use of land or buildings on a lot. A use is to be considered accessory when it occupies less than 50 percent of a building's or lot's total square footage.
C.
Accessory dwelling unit (ADU). See "Dwelling unit, accessory."
D.
Adult family home. A dwelling of a person or persons who are providing personal care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services and who are licensed by the State of Washington pursuant to Chapter 70.128 RCW and Chapter 388.76 WAC (Adult family home regulations).
E.
Affordable housing. Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the income of an eligible household. An eligible household is one with a total household income no greater than 80 percent of the Clallam County median income as reported by the Washington State Office of Financial Management.
F.
Alley. A public right-of-way which provides service access to abutting property. For the purpose of an alley-street subdivision configuration, lot frontage along an alley is sufficient to satisfy the minimum lot frontage requirement.
G.
Alley-street subdivision. A subdivision of a standard City lot that results in one lot with street frontage and one lot with exclusively alley frontage.
H.
Amendment. A change in language of the zoning text which is an official part of these Zoning Regulations.
I.
Animal care. Any commercial facility where house pets are groomed, trained, boarded (including pet day care), provided medical treatment (such as veterinary clinics and animal hospitals), or sheltered for adoption. The use does not include kennels. The use is primarily indoors and may include limited, ancillary outdoor space. Retail sales may be incidental.
J.
Animal husbandry, commercial. The care and raising of animals, particularly farm animals, for agricultural or other commercial purposes, provided that this shall not include non-commercial animal husbandry, private horse stables, up to three dogs and cats which are not house pets, or house pets.
K.
Animal husbandry, non-commercial. The care and raising of animals for non-commercial purposes, provided that this shall not include private non-commercial horse stables, kennels, up to three dogs and cats which are not house pets, or house pets.
L.
Antenna. Any pole, panel, rod, reflection disc including satellite earth station antenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and/or reception of radio frequency signals.
M.
Antenna support structure. Any building or structure other than a tower which can be used for location of telecommunications facilities.
N.
Applicant. Any person that applies for approval from the City.
O.
Application. The process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, erect or use such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
P.
Articulation. The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.
Q.
Articulation interval. The measure of articulation, the distance before architectural elements repeat.
R.
Artisan manufacturing. Production of goods by the use of hand tools or small-scale, light mechanical equipment occurring solely within an enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than one building on a lot. Typical uses have negligible negative impact on surrounding properties and may include uses such as, but not limited to, woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, makers spaces, production of alcohol and food processing.
S.
Assisted living facility. Any home or other institution that provides housing, basic services, and assumes general responsibility for the safety and well-being of the residents (for seven or more residents) and may also provide domiciliary care consistent with Chapter 142, laws of 2004 in Chapter 18.20.020 RCW.
T.
Attainable housing. Residential housing available for sale or rent that requires a monthly housing cost, including utilities other than telephone, of no more than 30 percent of the net income of an eligible household. For purposes of the preceding sentence, an eligible household is one with a total net household income no greater than 120 percent of the Clallam County median income as reported by the Washington State Office of Financial Management.
U.
Authorized agent. A property management company, other entity, or person designated by the owner in writing to act on their behalf. The authorized agent may or may not be the local contact for complaints.
V.
Automotive service and repair. Any land or facility used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, fender, muffler, or upholstery work, oil change and lubrication, tire service and sales. The use may include incidental retail sales of automobile parts and accessories. The term excludes dismantling or salvage.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 8, 12/21/2021)
Editor's note— Section 8 of Ord. 3688 repealed and replaced § 17.08.010 in its entirety. See Code Comparative Table for full derivative history.
A.
Bed and breakfast. A lodging use where rooms are provided to guests by an on-site resident bed and breakfast operator or owner for a fee by prearrangement on a daily or short-term basis. Breakfast and/or light snacks are served to those renting rooms in the bed and breakfast.
B.
Bed and breakfast operator. Any person who is the owner or resident manager of a bed and breakfast unit.
C.
Bed and breakfast platform or platform. A person other than the bed and breakfast operator that provides a means through which a bed and breakfast operator may offer a bed and breakfast unit and from which the person financially benefits.
D.
Bed and breakfast unit. A room associated with a bed and breakfast that is offered or provided to a guest(s) by a bed and breakfast operator for a fee for fewer than 30 consecutive nights.
E.
Bioretention facility. An engineered facility that stores and treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation.
F.
Blank wall. The ground floor wall or portion of a ground floor wall that does not include a transparent window or door. See PAMC 17.22.350 for blank wall treatment standards.
G.
Blighted property. A property within the City which is suffering from physical dilapidation, deterioration, defective construction, or inadequate sanitary facilities as determined by the building standards of the International property maintenance code as adopted by the City.
H.
Breezeway. A roofed open-sided passageway connecting two buildings.
I.
Building, accessory. One which is subordinate and detached from a principal building, which is located on the same zoning lot as the principal building.
J.
Building, principal. The primary building on a lot, the building which houses the primary use of the land and the structures on a zoning lot.
K.
Building, residential. A building arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers.
L.
Building envelope. The three-dimensional area on a lot enclosed by the minimum setbacks and the maximum building height within which an allowed building or structure may be placed.
M.
Building frontage. The "façade" or street-facing elevation of a building. For buildings not adjacent to a street, it refers to the building elevation(s) that features the primary entrance to the uses within the building. Depending on the context the term is used in, it may also refer to the uses within the building. For example, a "storefront" is a type of building frontage.
N.
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.
O.
Business. See "Establishment, business or commercial."
P.
Business parking lot and/or structures. A commercial off-street parking lot or structure used exclusively for parking and/or storage of vehicles.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 9, 12/21/2021)
Editor's note— Section 9 of Ord. 3688 repealed and replaced § 17.08.015 in its entirety. See Code Comparative Table for full derivative history.
A.
Carport. An accessory building or an accessory portion of the main building designed and used primarily for the shelter or storage of vehicles. It is not an enclosed structure and it does not contain a door which would allow vehicles to pass into the structure: it is open on two or more sides.
B.
Car wash. An automotive service facility with self-propelled car washing equipment or where self-service washing is done by the customer.
C.
Casino. An establishment for the purpose of providing unrestricted gambling opportunity as regulated by the Washington State Gambling Commission. Activities regulated under casinos do not include mini-casinos, enhanced card rooms, public card rooms, social card rooms, pull tabs, punch cards, fundraising events sponsored by nonprofit organizations, bingo, state run lottery games, turkey shoots, raffles, sports pools, or other amusement games.
D.
Child care means an establishment for group care of nonresident children licensed by the Washington State Department of Children, Youth, and Family. Day care establishments are subclassified as follows:
1.
Child care provider means a child care provider who regularly provides early childhood education, early learning services, and developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home. The provider cares for not more than 12 children in the provider's home in the living quarters for periods of less than 24 hours a day. The term is not intended to include baby-sitting services of a casual, non-recurring nature, or in the child's own home. Likewise, the term is not intended to include cooperative reciprocated child care by a group of parents or legal guardians in their respective homes.
2.
Child care facility means an agency (i.e., facility or business) that regularly provides early childhood education and early learning services for a group of 13 or more children for periods of less than 24 hours. The center is not located in a private residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the useable living quarters.
E.
City Building Inspector. A building inspector employed by the City.
F.
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.
G.
Commission. The appointed Planning Commission, established and regulated by Chapter 2.36 PAMC.
H.
Common usable open space. Area within a planned overlay development which is accessible and usable to all occupants of the development and the City, which is:
1.
Land which is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads; or
2.
Land which is dedicated to recreational buildings, structures or facilities; or
3.
Land which is dedicated to an open space purpose of the planned overlay development such as preservation of natural features.
To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet.
I.
Community center. A building or portion of a building used for not-for-profit cultural, educational, recreational, religious or social activities that is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are schools, places of worship (church, mosque, synagogue, temples, etc.), Boys and Girls Clubs, and similar uses. Community center does not include fraternities, lodges or similar uses.
J.
Conditional use permit (CUP). A limited permission to locate a particular use at a specific location, where limited permission is required in order to review the controls stipulated by these regulations on a case-by-case basis and to such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the City's Comprehensive Plan, and shall not be contrary to the public interest. The City has some conditional uses that may be processed as an administrative CUP, where the Director of Community and Economic Development is the approval authority. All other conditional uses are considered a CUP, where the City Hearing Examiner is the approval authority.
K.
Conditional use. A use permitted in a zone when authorized by the appropriate approval authority but which requires a special degree of review and may be subject to certain conditions to make such use consistent and compatible with other existing or permissible uses in the same zone.
L.
Conforming building or structure. A building that complies with all sections of these Zoning Regulations or any amendment thereto governing size, height, area, location on the lot, for the zone in which such building or structure is located.
M.
Conforming lot. A lot that contains the required width, depth and square footage as specified in the zone in which the lot is situated.
N.
Conforming use. A use that is listed as a permitted, accessory or conditional use in the zone in which the use is situated.
O.
Conference center. A facility used for conferences and seminars, or other community events promoting tourism, that may include accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health facilities, retail and personal services primarily for the conference center guests.
P.
Consumer goods service. A use involving the maintenance, repair, cleaning, or rental of consumer and household goods. Examples include, but are not limited to, laundromats, dry cleaning, shoe repair, clothing rental, appliance and electronics repair, print and photo shops, sign shops, musical instrument repair, jewelry and watch repair, and tool and equipment rental. These uses may include accessory retail sales.
Q.
Cornice. A horizontal molding projecting along the top of a wall, building, etc.
R.
Cottage housing. See "Dwelling, cottage housing."
S.
Council. The City Council.
T.
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. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 10, 12/21/2021)
Editor's note— Section 10 of Ord. 3688 repealed and replaced § 17.08.020 in its entirety. See Code Comparative Table for full derivative history.
A.
Day care. See "Child care."
B.
Density. The ratio of the number of dwelling units per area of land, typically used to demonstrate the minimum or maximum number of dwelling units available for development on a lot.
C.
Density, low. Residential development of a minimum of four and maximum of seven units per acre that primarily consists of single-household dwellings, duplexes, and accessory dwelling units.
D.
Density, medium. Residential development of a minimum of four units and no maximum units per acre that consists of a mix of middle housing and multi-family structures along with single-household dwellings.
E.
Density, high. Residential development of a minimum of eight units and no maximum units per acre that consists of a mix of middle housing and multi-family structures.
F.
Density, mixed. Residential development of a maximum 25 units per acre that consists of a mix of residential infill housing types identified in Chapter 17.21 and single-household dwelling units.
G.
Department of Community and Economic Development (DCED) means City of Port Angeles Community and Economic Development Department.
H.
Departure. A provision allowing for applicants to propose alternative means of compliance with a specific standard on a voluntary basis, provided they meet the purpose of the standard. See PAMC 17.22.040 for more information on departures.
I.
Designated lessee. A person who resides at a principal residence in a minimum one-year, long-term lease with the owner.
J.
Detached building. See the definition for "Building, accessory".
K.
Development. Any activity which would alter the elevation of the land, remove or destroy plant life, cause structures of any kind to be installed, erected, or removed, divide the land into two or more parcels, or any use or extension of the use of the land.
L.
Director. The Department of Community and Economic Development Director or his/her designee.
M.
District. A portion of a planning area which is defined by the primary uses located in that portion of the planning area.
N.
Dormitory. A residence hall providing sleeping rooms, with or without eating facilities.
O.
Duplex. See "Dwelling unit, duplex."
P.
Dwelling or dwelling unit. A building or portion thereof with one or more rooms which are arranged, designed or used for occupancy as separate living quarters for the exclusive use of a single household and is constructed in accordance with the International Building Code or International Residential Code or park models as defined in the American National Standards Institute A119.5 standard for park trailers. Permanently installed kitchen, sleeping, and sanitary facilities must always be provided within the dwelling unit. A dwelling or dwelling unit does not include a house trailer that does not meet ANSI-A119.5 nor does it include hotels, motels or lodging houses.
Q.
Dwelling, cottage housing. A small single-household dwelling that is clustered with other similar units sharing a common open space. See cottage housing standards in Chapter 17.21 PAMC.
R.
Dwelling, multi-family. A building or a portion thereof containing three or more dwelling units. The term also includes any dwelling unit within a mixed use building.
S.
Dwelling, single-household. A building containing one dwelling unit.
T.
Dwelling, small lot single-household. A building containing one dwelling unit on a lot less than 5,000 square feet in area. See small lot single-household standards in Chapter 17.21 PAMC.
U.
Dwelling, townhouse. A dwelling unit that shares one or more common or abutting walls with one or more dwelling units and has exterior access. A townhouse does not share common floors/ceilings with other dwelling units. See townhouse standards in Chapter 17.21 PAMC.
V.
Dwelling unit, accessory. A habitable unit added to, created within, or detached from a primary single-household residential dwelling or duplex that provides basic requirements for living, sleeping, eating, cooking, and sanitation as outlined by the International Residential Building Code. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly incidental to a detached primary single-household dwelling both in use and appearance. An ADU may also be referred to as an accessory residential unit (ARU) in this title.
W.
Dwelling unit, duplex. A building containing two dwelling units. See duplex standards in Chapter 17.21 PAMC.
X.
Dwelling unit, short-term rental and bed and breakfast. A building or portion thereof with one or more rooms that are arranged, designed, or used for occupancy as separate living quarters and is constructed in accordance with the International Building Code or International Residential Code. Permanently installed kitchen, sleeping, and sanitary facilities must always be provided within the dwelling unit.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 11, 12/21/2021)
Editor's note— Section 11 of Ord. 3688 repealed and replaced § 17.08.025 in its entirety. See Code Comparative Table for full derivative history.
A.
Economic hardship. Economic hardship occurs when the applicant demonstrates to the Director of Finance that the total income of his or her household is at or below 65% area median income (AMI) or provides documentation that the applicant is currently receiving one of the following benefits:
•
Senior property tax exemption from the Clallam County Assessor's Office; or
•
Utility Discount through the City of Port Angeles or Clallam County PUD; or
•
Temporary assistance to needy families (TANF); or
•
Disability through the Social Security Administration.
B.
Emergency housing. Defined by RCW 36.70A.030.
C.
Emergency shelter. Defined by RCW 36.70A.030.
D.
Engineer means a professional civil engineer, licensed by and in good standing in the State of Washington.
E.
Enlargement. An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.
F.
Environmentally sensitive area. An area which includes any of the following critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas, geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated coastal drift processes).
G.
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.
H.
Establishment, business or commercial. A place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
I.
Event. A wedding, bachelor or bachelorette party, concert, sponsored event, large gathering, or any similar group activity.
J.
Existing (pre-existing). A use, lot, or building that existed at the time of the passage of the City's Zoning Regulations, or prior to January 4, 1971.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3688 § 12, 12/21/2021)
Editor's note— Section 12 of Ord. 3688 repealed and replaced § 17.08.030 in its entirety. See Code Comparative Table for full derivative history.
A.
Façade. The entire street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation.
B.
Farming, commercial. The planting and cultivating of crops for agricultural or other commercial purposes, provided that this shall not include private gardening or greenhouse structures accessory to single-household dwelling.
C.
Fence. A structure that is built, constructed, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate and divide, partition, enclose, or screen a parcel or parcels of land. Fences may be constructed of wood, masonry, ornamental metal, or other such materials. For the purpose of this ordinance, plant materials are not considered a fence.
D.
Fire life-safety checklist. A checklist of all City requirements to safely operate a short-term rental or bed and breakfast reviewed and updated by the City on a yearly basis to ensure all requirements are current and best practices. This checklist will outline all requirements for fire life-safety operations for a short-term rental.
E.
Fire life-safety inspection. A yearly inspection required to operate a short-term rental or bed and breakfast that reviews compliance with applicable International Fire Code, International Commercial Code, International Residential Code, or other federal, state, or local building requirements pertaining to building safety, fire prevention, and safety, or other safety requirements.
F.
Floor area, gross (GFA). The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
G.
Floor area, net (NFA). The actual occupied floor area, not including unoccupied accessory areas such as corridors, stairways, ramps, toilet rooms, mechanical rooms, and closets.
H.
Food and beverage establishment. A use that prepares and sells food and/or drink for on- or off-premises consumption. Examples include, but are not limited to, bars, cocktail lounges, cafés, cafeterias, restaurants, take-out lunch stands, and taverns.
I.
Frontage. See "Building frontage" or "Lot frontage."
J.
Fuel station. A retail use primarily involving automobile fuels and specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may provide incidental retail sales of food and other convenience items.
K.
Fuel yard or bulk plant. That portion of a property where flammable or combustible liquids are received by tank vessel or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank vehicle, portable tank or container for subsequent resale and not to the consuming public.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 13, 12/21/2021)
Editor's note— Section 13 of Ord. 3688 repealed and replaced § 17.08.035 in its entirety. See Code Comparative Table for full derivative history.
A.
Garage. A deck, building or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
B.
Garage, private residential. A building or structure that is accessory to a single-household dwelling or duplex dwelling, enclosed on not less than three sides and with a roof, and designed or used only for the parking and storage of vehicles, primarily only those vehicles belonging to the occupants of the dwelling.
C.
Garage, public. A structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
D.
Garage, repair. A building or structure other than a private residential garage, used for the care, repair, or storage of automobiles and not the same as a service station as defined within these regulations.
E.
Gross floor area. See "Floor area, gross (GFA)."
F.
Group living. A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter and does not include any type of group living facility that is licensed by the State of Washington. Eating and cooking areas may be shared in whole or part.
G.
Guest. Any person or persons renting a short-term rental or bed and breakfast.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 14, 12/21/2021)
Editor's note— Section 14 of Ord. 3688 repealed and replaced § 17.08.040 in its entirety. See Code Comparative Table for full derivative history.
A.
Hard surface. An impervious surface, a permeable pavement, or a vegetated roof.
B.
Height.
1.
Definition. The total distance in feet from average ground elevation at perimeter walls as determined by the final grade noted on the building plan approved by the City to the highest point of the structure. The final grade must not exceed the pre-alteration grade as it existed prior to excavation. For the purposes of this title, a grade is established only when the City Building Inspector verifies the grade.
2.
Exceptions. The height restrictions in this title shall not apply to spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and/or not intended for human occupancy or habitable space; provided that mechanical equipment rooms and screening are set back at least ten feet from the edge of the roof and do not exceed the maximum building height by more than ten feet. Other architectural appurtenances such as ornamental cupolas, parapets, and spires, not exceeding the maximum building height by more than ten feet nor exceeding ten feet in diameter, are also exempt from height requirements.
C.
High density. See "Density, high."
D.
Household. One person or two or more persons living together as a single, nonprofit, housekeeping unit. A household may also be referred to as "family" in this title.
E.
Home occupation. An occupation or business activity which results in a product or service, is conducted in whole or in part in the dwelling unit, and is clearly incidental and subordinate to the residential use of the property.
F.
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.
G.
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.
H.
Hospice. A facility for the terminally ill.
I.
Hostel. A residential structure or commercial building where transient accommodations for 30 days or less (daily or weekly) for the traveling public are provided and for which the accommodations contain no more than one shared kitchen facility and do not have individual sleeping rooms. Hostels are differentiated by housing type and/or owner occupancy as follows:
1.
Owner occupied single-family residential hostels are allowed in the same zones as bed and breakfasts.
2.
Non-owner occupied commercial structure hostels are allowed by the same process and in the same zones as hotels and motels.
J.
Hotel. A facility offering transient lodging accommodations for 30 days or less to the general public and that may include additional facilities and services, such as restaurants, meeting rooms, personal services, etc.
K.
House pets. Domestic animals such as dogs, cats, fish, birds, rodents, and reptiles, not including inherently dangerous species of animals, which sleep and are primarily housed in a dwelling unit together with their owners.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 15, 12/21/2021)
Editor's note— Section 15 of Ord. 3688 repealed and replaced § 17.08.045 in its entirety. See Code Comparative Table for full derivative history.
A.
Impervious surface. A non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non-vegetated surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Vegetated roofs and minimal excavation foundations, subject to conformance with applicable Department of Ecology BMPs, are not included in the total impervious area.
B.
Indoor recreation. A use that provides recreation-oriented activities indoors, including, but not limited to, arcades, arenas, bowling alleys, dance halls, gyms, marital arts studios, skating rinks, and swimming pools.
C.
Indoor theater. A movie theater, stage theater, auditorium, and similar uses. The term includes facilities or venues with entertainment services such as visual and/or performing arts, theatrical productions, bands, orchestras, and other musical entertainment.
D.
Infill housing. A range of house-scale buildings with multiple units, compatible in scale and form with detached single-household dwellings.
E.
Infill Overlay Zone (IOZ). A site-specific development that has been approved by the City under the provisions of Chapter 17.45 of the Port Angeles Municipal Code.
F.
Internal walkway. Any pedestrian path or pedestrian walkway internal to a development. This includes sidewalks along private streets.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 16, 12/21/2021)
Editor's note— Section 16 of Ord. 3688 repealed and replaced § 17.08.050 in its entirety. See Code Comparative Table for full derivative history.
A.
Junk yard. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established within enclosed buildings.
(Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Kennel. A place where four or more dogs or cats, four months old or older, or any combination of such dogs and cats, are kept, whether by the owners of the dogs and cats or by persons providing facilities and care, whether for compensation or not, provided that the number of dogs and cats counted shall not include house pets.
B.
Kitchen. A room or space which is constructed or equipped to facilitate the washing, cooking, and storing of food; kitchen facilities include plumbing for sinks and electrical wiring for ovens and stoves.
(Ord. 3053 § 1 (part), 6/16/2000; Ord. 2861 § 1, (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Landfill, sanitary. An area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible and non-combustible refuse, and industrial solid wastes.
B.
Legal building, structure, land use. Any building, structure or use of the land that complies with all zoning requirements.
C.
Legal nonconforming building or structure. A legally established building or structure which met the applicable Zoning Code requirements in effect at the time the building or structure was constructed, but which fails by reason of such adoption, revision or amendment of the Zoning Code, to conform to the present requirements of the zone in which it is located.
D.
Level of service. An established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need.
E.
Licensee. A holder of: (a) a short-term rental business license; or (b) a bed and breakfast business license; or (c) a platform business license from the City.
F.
Local contact. A person identified by the owner who can respond 24 hours a day, seven days a week, to any complaint about the short-term rental during rental periods.
G.
Lot. A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street.
H.
Lot area. The total area within the lot lines of a lot, excluding any primary access easements or panhandles.
I.
Lot, conforming. See "Conforming lot."
J.
Lot frontage. The length of the front lot line measured at the street right-of-way line. Alleys are not considered right-of-way providing a lot frontage when any frontage along a street is present. For the purpose of an alley-street subdivision configuration, lot frontage along an alley is sufficient to satisfy the minimum lot frontage requirement.
K.
Lot, irregular. A lot that has an irregular shape, such as narrow necks, points, legs and panhandles.
L.
Lot line. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public right-of-way or public space.
M.
Lot, panhandle (also known as flag). A lot generally in the shape of a flag where access is typically provided by a narrow, private right-of-way or driveway also known as the "panhandle."
N.
Lot types.
1.
Alley access lot. A lot with right-of-way access only on an alley.
2.
Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets, forming an interior angle of less than 135 degrees.
3.
Interior lot. A lot other than a corner or through lot.
4.
Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel, streets. Both lot lines abutting streets shall be deemed front lot lines. Lots with rear alley frontage shall not be considered through lots.
5.
Reverse frontage lot. A double frontage or through lot that is not accessible from one of the parallel or nonintersecting streets on which it fronts.
O.
Lot, zoning. A single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record.
P.
Lot line, front. In the case of an interior lot, a line separating the lot from a street or alley right-of-way, and in the case of a double frontage or through lot, a line separating the lot from a street right-of-way from which a drive access may be permitted and located by the City. In the case of a corner lot, a property owner may designate either line separating the lot from street rights-of-way as the primary front lot line, therefore creating an additional front lot line. For a lot with an irregular shape, narrow neck, point and panhandle, the front lot line is the shortest lot line adjoining the panhandle portion of the lot, excluding the unbuildable portion of the pole.
Q.
Lot line, rear. That boundary of a lot which is most distant from and is most nearly parallel to the front lot line.
R.
Lot line, side. Any boundary of a lot which is not a front nor a rear lot line.
S.
Lot line, zero. A concept utilized to permit a structure or wall of a building to be located on a property line.
T.
Lot coverage. The amount or percent of the ground area of a lot on which buildings are located. This amount/percent shall include all buildings which are partially or totally enclosed and covered by an impervious roof, including any garages, carports, covered patios, and cantilevered portions of a building, and structures covered by an impervious roof even if not fully enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang, nor does it include uncovered decks and porches or other structures not higher than 30 inches from the ground.
U.
Lot width. The horizontal distance between side lines of a lot measured at right angles to the lot depth along a straight line parallel to the front lot line at the minimum required building setback line.
V.
Low density. See "Density, low."
W.
Low impact development (LID) facilities/BMPs are distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID facilities/BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use.
X.
Low-powered, networked telecommunications facilities. Those facilities with maximum transmitter peak output power that do not exceed one watt and are less than 14 inches by 16 inches by eight inches with an antenna no greater than 30 inches.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 1, 12/20/2016; Ord. 3548 § 2, 1/5/2016; Ord. 3332 § 1, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3089 § 2 (part), 6/29/200; Ord. 3009 § 3 (part), 2/12/1999; Ord. 2956 § 1, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2839, 10/14/1994; Ord. 2796 § 2, 2/11/1994; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Manufactured home. A single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code.
B.
Marina. A system of piers, buoys, or floats that provide a centralized site for extended moorage for more than four vessels for a period of 48 hours or longer. For regulatory purposes, yacht club facilities and camp or resort moorage areas would also be reviewed as marinas. Boat launch facilities and the sales of supplies and services for small commercial and/or pleasure craft users may be associated with marinas. Where such amenities are included, the marina is considered a multi-use marina.
C.
Massage. The method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality.
D.
Massage parlor. Any premises where massages are given or furnished for, or in expectation of any fee, compensation or monetary consideration, except:
1.
Facilities adjunct to athletic clubs, medical facilities, hotels, motels or beauty salons; and
2.
Enterprises licensed by the state and operating as approved home occupations.
E.
Medical/dental building. A building or group of buildings designed for the use of physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington.
F.
Medium density. See "Density, medium."
G.
Mixed density. See "Density, mixed."
H.
Mixed use structure. A single structure or building containing two or more complementary, physically and functionally integrated, or mutually-supporting uses (such as housing, offices, manufacturing, retail, public service, or entertainment).
I.
Mobile home. A factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C 5401 et seq.) and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the State of Washington.
J.
Modulation. The stepping forward or backwards a portion of the façade as a means to articulate or add visual interest to the façade.
K.
Motel. See definition for "Hotel."
L.
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.
M.
Multi-family dwelling. See "Dwelling, multi-family."
(Ord. 3734, § 2, 9/17/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 17, 12/21/2021)
Editor's note— Section 17 of Ord. 3688 repealed and replaced § 17.08.070 in its entirety. See Code Comparative Table for full derivative history.
A.
Neighborhood. An area located within a district where people live, which is defined by the primary type and/or density of the residential units located in that particular area of the district.
B.
Net floor area. See "Floor area, net (NFA)."
C.
Noncompliant short-term rental. A short-term rental that was in operation before July 1, 2024, and was not compliant with the ordinances in effect prior to July 1, 2024.
D.
Nonconforming building or structure. Any building or structure that does not conform with the lot area, yard, height, or lot coverage restrictions in these Zoning Regulations, either at the effective date of these regulations or as the result of subsequent amendments to these regulations.
E.
Nonconforming lot. A legally established lot, the area, dimensions or location of which met the applicable zoning code requirements in effect at the time the lot was created, but which fails by reason of such adoption, revision or amendment of these Zoning Regulations, to conform to the present requirements of the zone in which it is located.
F.
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.
G.
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.
H.
Nursing home. Any home or residential facility licensed per 18.51 RCW that operates or maintains facilities providing convalescent or chronic care for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. Nothing in this definition shall be construed to include any "assisted living facility".
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 18, 12/21/2021)
Editor's note— Section 18 of Ord. 3688 repealed and replaced § 17.08.075 in its entirety. See Code Comparative Table for full derivative history.
A.
Off-street parking space. An area other than a public or private street, alley, highway or traffic way, and used only for the storage of vehicles. Refer to Chapter 14.40 PAMC for off-street parking standards.
B.
Open space. Natural areas of unique or major physical features such as shorelines, bluffs, beaches, lagoons, waterways, ravines, streams, rivers, lakes, wetlands, wildlife habitats, and other environmentally sensitive areas deemed of significant importance to the community by the City; landscaped areas such as parks, playfields, golf courses, outdoor stadiums, and public landscaped areas such as those along boulevards and around public buildings; improved outdoor areas such as piers, playgrounds, plazas, promenades or trails, tennis courts, viewpoints, and other outdoor spaces open to the public.
C.
Operator. Any person who is the owner or tenant of an established dwelling unit, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for short-term rental use.
D.
Owner. Any person with fee title or a long-term leasehold to any parcel of land within the City, who desires to develop, or construct, build, modify, erect, or use such parcel of land.
E.
Owner, short-term rental and bed and breakfast. Any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who, as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement shall not be considered an owner.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3688 § 19, 12/21/2021)
A.
Parcel. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area.
B.
Park model. A recreational vehicle intended for permanent or semi-permanent installation that is used as an accessory residence, and is in compliance with ANSI A119.5. See WAC 296-150P and RCW 59.30.020 for additional information.
C.
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.
D.
Permanent supportive housing. Defined by RCW 36.70A.030.
E.
Permeable pavement pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material. Intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.
F.
Person. Any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
G.
Personal care services. Uses involved in providing nonmedical body and health services to the general public, including, but not limited to, salons, barbers, tanning, massage therapy, tailors, and tattoo parlors. These uses may include accessory retail sales.
H.
Planned Industrial Development (PID). A PID is a site specific development which has been approved by the City Council under the provisions of Chapter 17.31 of the Port Angeles Municipal Code.
I.
Planning area. A large geographical area of the City, which is defined by physical characteristics and boundaries.
J.
PRD. Planned Residential Development.
K.
Principal building. See "Building, principal."
L.
Principal residence. A residence where the owner or designated lessee personally resides and is a person's usual place of return for housing as documented by motor vehicle registration, driver's license, voter registration, or other such evidence as determined by the Director. A person may have only one principal residence.
M.
Principal use. The primary use of land or buildings on a lot as distinguished from a subordinate or accessory use. A use is considered principal when it occupies 50 percent or more of a building's total square footage.
N.
Private educational services. Uses providing for-profit and non-profit educational services. Examples include, but are not limited to, testing centers, business schools, trade and vocational schools, language and exam tutoring, music instruction, dance studios, and arts and craft studios. The term does not include government facilities.
O.
Professional, business, and media offices. Offices used as a place of business conducted by persons engaged in professions including, but not limited to, accounting, finance, law, real estate, design, engineering, photography, software development, research, counseling, journalism, and business administration. The term includes banks/credit unions and audio and video recording and broadcasting.
P.
Public. Owned, operated or franchised by a unit of general or special-purpose government.
Q.
Public building. Any structure used in whole or in part for a public purpose or by a public organization. The term includes all City-owned facilities.
(Ord. 3734, § 2, 9/17/2024; Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 20, 12/21/2021)
Editor's note— Section 20 of Ord. 3688 repealed and replaced § 17.08.085 in its entirety. See Code Comparative Table for full derivative history.
At this time, there are no definitions beginning with the letter Q.
(Ord. 3577 § 1, 3/21/2017)
A.
Reclassification. A change in zoning boundaries upon the zoning map which is an official part of these Zoning Regulations.
B.
Reconstruction. The act of constructing again.
C.
Recreation facility or area. A facility or area for recreation purposes, such as a swimming pool, park, tennis court, playground or other similar use.
D.
Recreational camps. A commercial facility established for temporary occupancy by people using tents, recreational vehicles, travel trailers, and similar lodgings. Improvements such as roads, toilets, showers, utility connections, and other amenities may be provided.
E.
Recreational purpose. An express intent of a space design and development to service a particular healthful or aesthetic activity.
F.
Remodel. Development activity modifying an existing structure or facility. A remodel can include a change in use. Remodel activity is subject to the same development standards applicable to new development except where stated otherwise.
G.
Rental period. The period a dwelling unit or portion thereof is rented to a single party, regardless of whether that party consists of one individual or multiple individuals.
H.
Repair, minor. Improvements to correct deficiencies resulting from normal wear and tear or improvements not requiring a building permit.
I.
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.
J.
Residential building. See "Building, residential."
K.
Restoration. The act of putting back or bringing back into a former or original state.
L.
Retail sales. Any use involving the sale, lease, or rental of new or used products, including, but not limited to, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products. The use may include incidental exterior sales activities that do not meet the definition of "retails sales, heavy."
M.
Retail sales, heavy. "Retail sales, heavy" means retail uses with exterior sales and/or storage areas greater than 15,000 gross square feet or occupying a greater area than the use's principal building. Examples include, but are not limited to, uses selling agricultural supplies, farm equipment, plant and landscape design materials, building materials, and heating fuels.
N.
Retail stand. A small, moveable cart that is operated from a fixed location and is designed and sized to be readily moved under the control of one person but not under its own power.
O.
Right-of-way. Land acquired or dedicated for purposes of a street, highway, sidewalk, alley, avenue, other structure used for pedestrian or vehicular traffic, or easement or any combination of such uses for which the City has regulatory authority.
P.
Roof. A structure covering any portion of a building or structure, including the projections beyond the walls or supports.
Q.
Roofline. The highest edge of the roof or the top of a parapet, whichever establishes the top line of the structure when viewed in a horizontal plane.
(Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 21, 12/21/2021)
Editor's note— Section 21 of Ord. 3688 repealed and replaced § 17.08.090 in its entirety. See Code Comparative Table for full derivative history.
A.
Self-service storage. An establishment containing separate storage spaces that are leased or rented as individual units.
B.
Setback. The required minimum distance from any lot line and that establishes the building envelope within which any structure or building may be erected or placed.
1.
Setback, front: a space that extends the full width of the lot, between the front lot line and the distance designated in the City's Zoning Regulations.
2.
Setback, rear: a space that extends the full width of the lot, the rear lot line and the distance designated in the City's Zoning Regulations.
3.
Setback, side: a space that extends from the front setback line to the rear setback line, between the side lot line and to the closest building on the same lot, or to a distance designated in the City's Zoning Regulations.
C.
Shopping center. A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. Shopping centers are further defined by size and their customer base:
1.
A community shopping center features a junior department store and contains approximately 150,000 square feet of gross leasable area and has a site area of ten to 25 acres. Its clientele draw is approximately a ten-minute drive from the center.
2.
A neighborhood shopping center generally offers goods necessary to meet daily needs, occupies up to ten acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five-minute driving radius from the center.
D.
Short-term rental. A dwelling unit used as temporary lodging for a charge or fee for a rental period of less than 30 continuous days. Short-term rentals are classified as either Type I or Type II.
1.
"Type I short-term rental" A short-term rental at a dwelling that is the owner or designated lessee's principal residence and where rooms are rented, and where the room(s) to be rented are located within the same structure envelope, see PAMC 17.08.095, Structure envelope, as the primary residential use, the owner or designated lessee is personally present in the dwelling during the rental period, and the dwelling is not a congregate housing as defined by the International Code Council (ICC). A room or rooms in detached or satellite accessory structure, even if on the same lot as the primary residence, does not qualify as a Type I short-term rental.
2.
"Type II short-term rental" A short-term rental at a dwelling unit that is not the owner's or designated lessee's principal residence.
E.
Short-term rental platform or platform. A person established primarily for the purpose of providing a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform.
F.
Short-term lodging. See "Short-term rental or bed and breakfast."
G.
Sign. Any letters, figures, design symbol, trademark, or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof.
H.
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.
I.
Sign, area. The area of a sign shall be the sum of each display surface including both sides of a double-faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display.
J.
Significant tree. A tree at least six inches in diameter at a point five feet above the ground.
K.
Single-household dwelling. See "Dwelling, single-household."
L.
Site coverage. The amount of impervious surface on a parcel, including structures, paved driveways, sidewalks, patios, and other impervious surfaces.
M.
Small lot single-household dwelling. See "Dwelling, small lot single-household."
N.
Smart growth. A mix of land uses that include the following:
1.
Take advantage of compact building design;
2.
Create a range of housing opportunities and choices;
3.
Create walkable neighborhoods;
4.
Foster distinctive, attractive communities with a strong sense of place;
5.
Preserve open space, natural beauty and critical environmental areas;
6.
Strengthen and direct development towards existing communities;
7.
Provide a variety of transportation choices;
8.
Make development decisions predictable, fair and cost effective;
9.
Encourage community and stakeholder collaboration in development decisions.
O.
Story. The space between the floor and the ceiling above said floor. Outside the CBD zone, a basement shall be considered a story when more than half of the basement height is above the finished lot grade. A half-story shall be considered when the space between a floor and ceilings above said floor has at least one interior side wall that is five feet or less in height.
P.
Street. A vehicular way that affords a primary means of access to abutting property.
Q.
Streetscape. The space between buildings on either side of a street. The elements that contribute to the quality and character of streetscape are building façades and awnings, sidewalks, paving materials, signs, lighting, trees and landscaping, and street furniture and fixtures.
R.
Street right-of-way line. The boundary line between a street and abutting property. This may or may not match a property's front lot line.
S.
Structure. Anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground and is over 30 inches in height above the ground level, but not including, fences or walls used as fences six feet or less in height.
T.
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.
U.
Subordinate. Less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use.
(V)
Structure envelope. The physical barrier that separates the inside of a building from the outside and includes the building's exterior walls, roof, foundation, doors, and windows.
(Ord. 3748 § 1, 5/5/2025; Ord. 3728 § 6(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 22, 12/21/2021)
Editor's note— Section 22 of Ord. 3688 repealed and replaced § 17.08.095 in its entirety. See Code Comparative Table for full derivative history.
A.
Telecommunications facilities or wireless telecommunications facilities. Any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure.
B.
Through lot. See "Lot, types."
C.
Tower or wireless telecommunications tower. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.
D.
Townhouse. See "Dwelling, townhouse."
E.
Townsite block. A block of 450 or 500 feet by 300 feet dimension or a minimum of 3.1 acres as created by the original platting of the townsite of Port Angeles.
F.
Trail. A pedestrian facility which is designated for travel and recreation purposes and which may include sidewalks, portions of roadways, natural surfaced walkways, and structures such as bridges.
G.
Trailer, house (automobile trailer, recreational vehicle, or vacation trailer). A vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, a motor vehicle designed to be used for human habitation.
H.
Trailer park, trailer court, mobile home park, recreational vehicle park. Any premises on which are parked one or more vehicles designed, intended, arranged, or used for living purposes, or any premises used or held out for the purpose of supplying to the public a space for one or more such vehicles, whether such vehicles stand on wheels or rigid supports.
I.
Transit center. Any centralized structure, station, or transit facility that is primarily used, as part of a transit system, for the purpose of loading, unloading, or transferring passengers from one mode of transportation to another. This use does not include singular street-side bus stops.
J.
Transitional housing. Defined by RCW 84.36.043.
K.
Trellis. A lattice work structure designed to support plant growth. Trellises that demarcate an entryway to a yard, are detached from any other structure, other than a permitted fence, on the site, have a minimum sidewalk span of four feet, depth of two feet and a height of eight feet, is exempt from the requirement for a building permit and is not considered a structure.
(Ord. 3734, § 2, 9/17/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 23, 12/21/2021)
Editor's note— Section 23 of Ord. 3688 repealed and replaced § 17.08.100 in its entirety. See Code Comparative Table for full derivative history.
A.
Unclassified use permit. A limited permission to locate a particular unusual, large-scale, unique or conditional use at a particular location, where limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the comprehensive plan, and shall not be contrary to the public interest. An unclassified use permit is processed in the same manner as a conditional use permit.
B.
Unclassified use. A use which is not listed as permitted in any zone and which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone.
C.
Use. The purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of these Zoning Regulations.
D.
Utility building or structure. An installation to provide utility service, including wireless communication facilities to which the structure height is equal or less than the maximum building height of the zone in which it will be located.
(Ord. 3577 § 1, 3/21/2017; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
A.
Variance. Permission for an adjustment or relaxation to the literal requirements of the City's Zoning Regulations for a particular property or structure and/or building on a particular property.
B.
Vegetated roofs (also known as ecoroofs and green roofs) consist of thin layers of engineered soil and vegetation constructed on top of conventional flat or sloped roofs.
C.
Vehicle rental. The sales or rental of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles and mopeds.
D.
Vertical building modulation. A stepping back or projecting forward vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure's continuous exterior walls.
(Ord. 3688 § 24, 12/21/2021)
Editor's note— Section 24 of Ord. 3688 repealed and replaced § 17.08.110 in its entirety. See Code Comparative Table for full derivative history.
A.
Weather protection. A permanent horizontal structure above pedestrian areas such as sidewalks and building entries that protects pedestrians from inclement weather.
B.
Wireless communication facilities (WCFs). An unstaffed facility for the transmission and/or reception of wireless telecommunications services, including support structures, antennas, accessory equipment, and appurtenances, used to transmit, receive, distribute, provide, or offer personal wireless communication services. WCFs include, but are not limited to, antennas, plies, towers, cables, wires conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment.
C.
Work/live studio. An arrangement of space that combines a living area and working area where the living area is subordinate and accessory in size and use to the work space.
(Ord. 3688 § 25, 12/21/2021)
Editor's note— Section 25 of Ord. 3688 repealed and replaced § 17.08.115 in its entirety. See Code Comparative Table for full derivative history.
A.
Yard. An open space on a lot that lies between the principal building or buildings and the nearest lot line, except as otherwise permitted.
(Ord. 3577 § 1, 3/21/2017; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
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.
B.
Zoning lot. See "Lot, zoning."
C.
Zoning lot covenant. An agreement, on a form provided by the Department of Community and Economic Development, which is recorded at the County Auditor's Office by a property owner of two or more adjacent lots and which designates said lots as a single, lot of record.
(Ord. 3710 § 1, 3/21/2023; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2863 § 2, 4/14/1995; Ord. 2652 § 1 (part), 9/27/1991; Ord. 1709 § 1 (part), 12/22/1970)
This is a mixed density residential zone intended to provide a diverse mix of infill housing and urban residential neighborhoods that historically consisted of a mix of single-household dwellings, and includes infill housing types on historic townsite-size lots. Uses which are compatible with and functionally related to a a diverse mix of lower and mixed density environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's original townsite neighborhoods, following a standard rectangular street grid system of 60-foot rights-of-way for local access streets and 300-foot by 450 or 500-foot blocks with 50-foot by 140-foot original lots and usually located in areas that are largely developed and closer to the center of the City or commercial corridors.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3548 § 3, 1/5/2016; Ord. 3123 § 3, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part) 12/22/1970)
A.
Adult family home.
B.
Single-household dwellings.
C.
All residential uses meeting lot dimensional standards and complying with applicable structure design standards in Chapters 17.21 and 17.22 PAMC.
D.
Exempted home occupations defined in section 17.17.030 PAMC.
E.
Child care provider.
F.
Group living.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Conditional uses must comply with the development standards in subsection 17.94.065.
A.
Art galleries and museums.
B.
Assisted living facility.
C.
Reserved.
D.
Child care facility.
E.
Communications transmission buildings and structures; e.g., radio tower.
F.
Community centers.
G.
Home occupations.
H.
Libraries.
I.
Nursing and convalescent homes.
J.
Public housing authority offices and maintenance structures located on public housing authority housing sites.
K.
Public parks and recreation facilities.
L.
Public utility structures.
M.
Radio and television stations, provided that antenna is on-site.
N.
Residential care facilities.
O.
Other uses compatible with the intent of this chapter.
(Ord. 3728 § 7(Exh. C), 3/5/2024; Ord. 3688 § 26, 12/21/2021; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 3, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3013, 3/26/1999; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 2 (part), 9/27/1991; Ord. 2636 § 2, 5/15/1991; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
The following area and dimensional requirements apply to all development in the R7 zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021; Ord. 3654 § 1, 12/17/2019; Ord. 3640 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 2, 12/20/2016; Ord. 3548 § 3, 1/5/2016; Ord. 3390 § 2, 1/30/2010; Ord. 3343 § 2, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 26, 12/21/2021; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions.
(Ord. 3688 § 26, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
See the following Code sections for applicable design standards:
1.
Detached small lot single-household dwellings: PAMC 17.21.010.
2.
Accessory dwelling units: PAMC 17.21.020.
3.
Cottage housing: PAMC 17.21.030.
4.
Duplexes: PAMC 17.21.040.
5.
Multi-family: Chapter 17.22 PAMC.
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 26, 12/21/2021)
This is a low density residential zone intended to create and preserve urban residential neighborhoods consisting of predominantly single-household homes on larger than historic townsite-size lots. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for variety in the urban land use pattern for the City's lower density residential neighborhoods with minimum 50-foot front lot lines and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located on the perimeter of the developed town center and originally platted neighborhoods.
(Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 4, 1/5/2016; Ord. 3123 § 4, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 1 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
Adult family home.
B.
Single-household dwellings.
C.
Exempted home occupations defined in section 17.17.030 PAMC.
D.
Child care provider.
E.
Group living.
F.
Duplexes.
G.
Cottage housing.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2926 § 2 (part), 8/16/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 3, 9/27/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1945 § 1, 10/22/1977; Ord. 1709 § 1 (part), 12/22/1970)
A.
Accessory dwelling units. See section 17.21.020 PAMC.
B.
All other non-commercial or non-industrial uses subordinate to the residential use of the lot.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3548 § 4, 1/5/2016; Ord. 3517 § 3, 10/21/2014; Ord. 3053 § 2 6/16/2000; Ord. 2921 § 4, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Conditional uses must comply with the development standards in 17.94.065 PAMC.
A.
Art galleries and museums.
B.
Assisted living facility.
C.
Reserved.
D.
Communications transmission buildings and structures; e.g., radio tower.
E.
Community centers.
F.
Child care facility.
G.
Nursing and convalescent homes.
H.
Public parks and recreation facilities.
I.
Public utility structures.
J.
Radio and television stations, provided that antenna is on-site.
K.
Other uses compatible with the intent of this chapter.
(Ord. 3728 § 8(Exh. C), 3/5/2024; Ord. 3688 § 27, 12/21/2021; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 4, 1/5/2016; Ord. 3517 § 3, 10/21/2014; Ord. 3478 § 8, 5/21/2013; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 5, 9/27/1991; Ord. 2636 § 3, 5/15/1991; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
The following area and dimensional requirements apply to all development in the R9 zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 27, 12/21/2021; Ord. 3654 § 2, 12/17/2019; Ord. 3641 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 3, 12/20/2016; Ord. 3548 § 4, 1/5/2016; Ord. 3390 § 3, 1/30/2010; Ord. 3343 § 3, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 27, 12/21/2021; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065 PAMC); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions.
(Ord. 3688 § 27, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2385 § 2 (part), 3/28/1986; Ord. 1709 § 1 (part), 12/22/1970)
This is a low density residential zone intended to create and preserve single-household residential neighborhoods consisting of predominantly larger than standard sized townsite-sized lots, while maintaining densities at or more than four primary dwelling units per acre. Uses that are compatible with and functionally related to a single-household residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for variety in the urban land use pattern for the City's lower density residential neighborhoods, following a curvilinear street system of non-through public and private streets with irregularly shaped lots, minimum 75-foot front lot lines, and 60-foot rights-of-way for collector arterial streets in large rectangular blocks and usually located in outlying areas.
(Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3548 § 5, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004)
Conditional uses. Conditional uses must comply with the minimum standards in PAMC 17.94.065.
A.
Art galleries and museums.
B.
Assisted living facility.
C.
Reserved.
D.
Communications transmission buildings and structures; e.g., radio tower.
E.
Community centers.
F.
Child care facilities and pre-schools.
G.
Duplexes.
H.
Hospices.
I.
Nursing and convalescent homes.
J.
Public parks and recreation facilities.
K.
Public utility structures.
L.
Radio and television stations, provided that antenna is on-site.
M.
Residential care facilities.
N.
Other uses compatible with the intent of this chapter.
(Ord. 3728 § 9(Exh. C), 3/5/2024; Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 5, 1/5/2016; Ord. 3180 § 1 (part), 12/17/2004)
A.
The following area and dimensional requirements apply to all development in the R11 zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 28, 12/21/2021; Ord. 3642 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 4, 12/20/2016; Ord. 3548 § 5, 1/5/2016; Ord. 3390 § 4, 1/30/2010; Ord. 3343 § 4, 1/1/2009; Ord. 3180 § 1 (part), 12/17/2004)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 28, 12/21/2021; Ord. 3180 § 1 (part), 12/17/2004)
One sign per lot is permitted. This sign shall be one square foot in area, unlighted, and displaying only the name of the occupant (or as otherwise specified in 17.94.065); provided that official traffic signs, street signs, and identification and warning signs for public utility buildings and structures are exempt from these restrictions.
(Ord. 3688 § 28, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3180 § 1 (part), 12/17/2004)
This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single-household, mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3,500 square foot lots.
(Ord. 3710 § 1, 3/21/2023; Ord. 3123 § 5, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 4 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
Manufactured homes on individual lots that meet the development standards minimum lot area and dimension requirements of the R7 Zone.
B.
Mobile homes.
C.
Cottage housing.
D.
Park models.
(Ord. 3710 § 1, 3/21/2023; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 7, 2/11/1994; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970)
A.
Garages and carports.
B.
Greenhouses, gazebos, storage sheds, and similar accessory structures.
C.
Swimming pools and cabanas.
D.
Private television satellite reception dishes.
E.
Community recreation rooms and laundry rooms.
F.
Playground equipment.
G.
Manager's office.
H.
Propane fuel storage tanks.
I.
Shower and laundry rooms.
J.
Lavatories.
K.
Other accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter.
(Ord. 2921 § 5, 6/28/1996; Ord. 2668 § 4 (part), 1/17/1992; Ord. 2300 § 2 (part), 5/29/1984; Ord. 1709 § 1 (part), 12/22/1970)
A.
Location: Trailer parks may be located upon approval of the Hearing Examiner in any zone in which middle and multi-family housing is permitted. Each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said 200 feet, consent in writing to the establishment of the park.
B.
Driveways, walkways:
1.
All mobile home spaces shall abut upon a private roadway, which is not less than 25 feet in width and which shall have unobstructed access to a public street or highway.
2.
Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings.
3.
All driveways and walkways within the park shall be lighted at night with electric lamps of not less than 50 watts each, spaced at intervals of not more than 100 feet.
C.
Screening: Excepting the entrance-driveway, a screening of evergreen trees or shrubs shall be maintained at a planting height of five feet and at a height of 12 feet at full growth, in the front, side, and rear yards of every trailer park.
D.
Signs: Signs not to exceed 12 square feet shall be permitted. No lighted signs of any kind shall be permitted. One sign per trailer park.
E.
Sanitation facilities: Each trailer park shall be provided with toilets, baths, or showers, slop sinks and other sanitation facilities which shall conform to all City and state health rules and codes.
F.
Water supply: An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing, cleansing, and laundry facilities.
G.
Laundry facilities: Laundry facilities shall be provided with one single laundry tray and one automatic or semi-automatic type washing machine for each ten mobile home spaces or any less number thereof.
H.
Service buildings:
1.
Service buildings housing sanitation and laundry facilities shall be permanent structures complying with all applicable ordinances and statutes regulating building, electrical installations, and plumbing systems.
2.
Service buildings housing sanitation facilities shall be located not closer than 20 feet nor farther than 200 feet from any mobile home space.
I.
Sewage and refuse disposal: Waste from showers, bath tubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings and from each trailer within the park shall be discharged into a public sewer system in compliance with applicable ordinances.
J.
Garbage receptacles: Regulation garbage receptacles with tight-fitting covers shall be provided in quantities to permit disposal of all garbage and rubbish. Garbage receptacles may be located in groups not farther than 100 feet from any mobile home space. The receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that individual garbage receptacles shall not overflow.
K.
Fire protection: Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property.
(Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.040 in its entirety to read as herein set out. Former § 17.13.040 was entitled "Conditional uses," and derived from: Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
Density shall not exceed one trailer for every 3,500 square feet (12.44 units/acre) of total land area. Said total land area ratio to include driveways, toilet and laundry buildings, playground-recreation open spaces, individual trailer sites, and caretaker's quarters.
B.
A minimum of ten percent of the total area of a trailer park shall be reserved and shall be used solely and exclusively for a recreation open space.
C.
In the interests of fire prevention, there shall be a minimum space of 14 feet between trailers, including cabanas.
(Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.060 in its entirety to read as herein set out. Former § 17.13.060 was entitled "Off-street parking required," and derived from: Ord. 2948 § 5 (part), adopted Feb. 14, 1997; Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted by the Department of Community and Economic Development (DCED) after all conditions of preliminary approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the Hearing Examiner.
(Ord. 3742 § 3(Att. C), 12/17/2024; Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.070 in its entirety to read as herein set out. Former § 17.13.070 was entitled "Signs permitted," and derived from: Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
The application for a RTP shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type; 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, if applicable.
C.
A survey of the property showing existing features, including contours at five-foot intervals, existing buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses.
D.
Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of proposed buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site coverage expressed in square feet and percentage of;
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Non-residential structures.
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas;
d.
Any areas paved with permeable paving systems.
3.
Total area in lots;
4.
Open space area:
a.
Common usable open space (must be 15 percent of site);
b.
Total area dedicated to open space (must be 30 percent of site).
5.
Number and location of off-street parking spaces;
6.
Number of residential units proposed;
7.
Total number of lots being created;
8.
Density of site expressed as residential units per acre.
F.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
G.
A preliminary utilities plan, including fire hydrant locations.
H.
A preliminary storm drainage plan with calculation of impervious areas.
I.
A 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 off-street parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 3(Att. C), 12/17/2024; Ord. 3710 § 1, 3/21/2023)
Editor's note— Ord. 3710 § 1, adopted March 21, 2023, amended § 17.13.090 in its entirety to read as herein set out. Former § 17.13.090 was entitled "Trailer parks," and derived from: Ord. 3548 § 6, adopted Jan. 5, 2016; Ord. 2932 § 34, adopted Oct. 11, 1996; Ord. 2861 § 1 (part), adopted March 17, 1995; Ord. 2668 § 4 (part), adopted Jan. 17, 1992; Ord. 2300 § 2 (part), adopted May 29, 1984; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions, shall be in written form based upon compliance with PAMC 17.13.050 and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
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.
(Ord. 3742 § 3(Att. C), 12/17/2024; Ord. 3710 § 1, 3/21/2023)
Application for final approval of a RTP that involves subdivision of the underlying property shall be submitted within five years of preliminary RTP approval. An application for final review of a RTP that does not involve a subdivision of the underlying property shall be submitted within two years of the preliminary development plan approval; provided, that for phased RTP's, each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Hearing Examiner, and the Hearing Examiner may approve, one or more one-year extensions as the Hearing Examiner may deem appropriate. The site must be under one ownership prior to final approval by the Hearing Examiner, 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 RTP is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, recreation facilities and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
F.
Development schedule.
G.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
H.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3710 § 1, 3/21/2023)
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the RTP and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final RTP.
(Ord. 3710 § 1, 3/21/2023)
This is a medium density residential zone that allows a mix of multi-unit dwelling types at a density greater than single-household neighborhoods but less than the higher densities of the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for variety in the urban land use pattern for the City's lower density multi-family residential neighborhoods with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial/industrial uses.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 6, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
A.
All residential uses meeting lot dimensional standards and complying with applicable structure design standards in Chapters 17.21 and 17.22 PAMC.
B.
Adult family homes.
C.
Reserved.
D.
Child care facility.
E.
Child care provider.
F.
Reserved.
G.
Group living.
H.
Single-household dwellings existing as of December 21, 2021.
(Ord. 3728 § 10(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 6, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
A.
Accessory dwelling units. See section 17.21.020 PAMC
B.
All other non-commercial or non-industrial uses subordinate to the residential use of the lot.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
Conditional uses must comply with the minimum standards in PAMC 17.94.065.
A.
Art galleries, museums and aquariums.
B.
Assisted living facility.
C.
Community centers
D.
Hospices.
E.
Home occupations.
F.
Libraries.
G.
Nursing and convalescent homes.
H.
Public parks and recreation facilities.
I.
Residential care facilities.
J.
Utility buildings and structures.
K.
Other uses compatible with the intent of this chapter.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 2956 § 2, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
A.
The following area and dimensional requirements apply to all development in the RMD zone:
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 5, 12/20/2016; Ord. 3548 § 7, 1/5/2016; Ord. 3343 § 5, 1/1/2009; Ord. 3253, 7/14/2006; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 7 (part), 10/16/1992)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 2715 § 7 (part), 10/16/1992)
A.
Permitted uses. Signs not larger than ten square feet, lighted, but not flashing or intermittent. One per building.
B.
Conditional uses. Size and type as specified in PAMC sections 17.94.065 and 17.14.080, design standards.
C.
See the following Code sections for applicable design standards:
1.
Accessory dwelling units: PAMC 17.21.020.
2.
Cottage housing: PAMC 17.21.030.
3.
Duplexes: PAMC 17.21.040.
4.
Townhomes: PAMC 17.21.050.
5.
Multi-family and commercial design standards: Chapter 17.22 PAMC.
(Ord. 3688 § 29, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 7, 1/5/2016; Ord. 2715 § 7 (part), 10/16/1992)
Editor's note— Ord. 3688 § 29, adopted Dec. 21, 2021, deleted § 17.14.080 entitled "Design and landscaping for apartments," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3572 § 5, adopted Dec. 20, 2016; Ord. 3548 § 7, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; and Ord. 2715 § 7 (part), adopted Oct. 16, 1992.
This is a high density residential zone for multi-family dwelling structures. Some nonresidential uses are allowed in this zone and then only conditionally, because of potential land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi-family residential neighborhoods and are usually located in areas that are largely developed and closer to the center of the City, and in close proximity to primary transportation routes.
(Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 8, 1/5/2016; Ord. 3123 § 7, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2715 § 3, 10/17/1992; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2652 § 5 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991)
A.
All residential uses meeting lot dimensional standards and complying with applicable structure design standards in Chapters 17.21 and 17.22 PAMC.
B.
Adult family homes.
C.
Reserved.
D.
Child care provider.
E.
Child care facility.
F.
Reserved.
G.
Group living.
H.
Single-household dwellings existing as of December 21, 2021.
(Ord. 3728 § 11(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 3 (part), 1/17/1992; Ord., 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
Exempted home occupations.
B.
Accessory dwelling units. See section 17.21.020 PAMC.
C.
All other non-commercial or non-industrial uses subordinate to the residential use of the lot.
(Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2921 § 7, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995)
Conditional uses must comply with the minimum standards in PAMC 17.94.065.
A.
Art galleries, museums and aquariums.
B.
Assisted living facilities.
C.
Community center.
D.
Funeral homes and mortuaries.
E.
Hospices.
F.
Home occupations.
G.
Libraries.
H.
Nursing and convalescent homes.
I.
Public parks and recreation facilities.
J.
Residential care facilities.
K.
Utility buildings and structures.
L.
Other uses compatible with the intent of this chapter.
(Ord. 3688 § 30, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 8, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3155 § 7, 1/30/2004; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2956 § 3, 4/25/1997; Ord. 2948 § 5 (part), 2/14/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 6, 2/11/1994; Ord. 2668 § 3 (part), 1/17/1992; Ord. 2666 § 3 (part), 1/17/1992; Ord. 2652 § 6 (part), 9/27/1991; Ord. 2636 § 9 (part), 5/15/1991; Ord. 2535 § 1, 5/24/1989; Ord. 2397 § 1 (part), 6/16/1986; Ord. 1709 § 1 (part), 12/22/1970)
A.
The following area, dimensional and density requirements apply to all development in the RHD zone:
B.
Exceptions to maximum lot and site coverage:
1.
An additional ten percent coverage that enables development to achieve the allowed maximum density of the RHD Zone per 17.15.050.A.; or
2.
An additional ten percent coverage for development that is reserved as affordable housing. All applicants seeking bonus impervious surface for inclusion of affordable housing shall provide a mechanism to ensure that affordable housing remains affordable for the life of the project. Such mechanism shall be approved by the City Attorney in conjunction with the Department of Community and Economic Development, and shall be recorded on the land title; in addition:
3.
In locations where stormwater runoff from structures, driveways, sidewalks, patios and other surfaces is designed to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.)
Parking shall be provided as required by Chapter 14.40 of the Port Angeles Municipal Code.
(Ord. 3710 § 1, 3/21/2023)
A.
Permitted uses: Signs not larger than ten square feet, lighted, but not flashing or intermittent. One per building.
B.
Conditional uses: Size and type as determined by Hearing Examiner.
(Ord. 3710 § 1, 3/21/2023)
The purpose of this chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential zone is incidental and subordinate to the primary residential use and is compatible with the residential character of the neighborhood. This chapter provides for home occupations within residential zones to be permitted through an administrative conditional use permit process.
(Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 9, 1/5/2016; Ord. 3123 § 8 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 2, 10/18/1980)
Should any of the provisions or definitions of any other chapter of Title 17 conflict with or overlap any of the provisions or definitions of this chapter, whichever imposes the more stringent regulations shall prevail.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 3, 10/18/1980)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, repealed § 17.17.012 entitled, "Definitions,"which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 3123 § 8 (part), adopted Oct. 11, 2002; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2265 § 2, adopted Sept. 19, 1983; and Ord. 2103 § 4, adopted Oct. 18, 1980.
An administrative conditional use permit in accordance with the provisions of this chapter is required for all home occupations occurring in residential use districts except those exempted pursuant to PAMC 17.17.030. A home occupation use is an administrative conditional use permit as defined in PAMC 17.08.020(I).
(Ord. 3577 § 1, 3/21/2017; Ord. 3123 § 8 (part), 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 5, 10/18/1980)
The following home occupations shall be exempted when all the development standards in section 17.17.040 and specific conditions applicable to each use are met:
A.
Authors, composers, writers.
B.
Building contractors, home builders, building tradesmen, landscaping services, janitorial services, commercial loggers, divers, truck drivers, provided:
1.
No more than one commercial vehicle, no matter how many different home occupations are occurring at one site, is parked on the premises or the adjacent street at one time;
2.
No outside storage of materials or equipment, except hand-carried tools, on the premises;
3.
Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business.
C.
Family day-care homes that provide day-care during part of the 24-hour day to 12 or fewer children incidental to a primary residential use.
D.
Retail and wholesale salespersons, business representatives, provided:
1.
No customers visit the premises;
2.
No products, except samples, are stored on the premises;
3.
Only family members working in the residence may park their vehicles on the property or the adjacent street as part of the conducting of the business.
(Ord. 3137 § 1, 2/24/2003; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2652 § 16, 9/27/1991; Ord. 2103 § 6, 10/18/1980)
All home occupations shall comply with the following development standards:
A.
There shall be no exterior display, no exterior sign, no exterior storage of materials (not including commercial vehicles and as listed in PAMC 17.17.030.B.3), and no other 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 Director of Community and Economic Development shall determine the number of visitations per day that is compatible with the area.
C.
If customers or clients visit the home, the hours of operation shall be from 9:00 a.m. to 5:00 p.m., unless otherwise specified by the Director of Community and Economic Development.
D.
If the operation is the type in which classes are held or instruction given, the Director of Community and Economic Development shall determine the number of students per day that is compatible with the site and surrounding area.
E.
Employees working on the premises shall be limited to members of the family residing in the dwelling unit, unless otherwise specified by the Director of Community and Economic Development; provided that the number of non-family employees shall not exceed one.
F.
On-premises retail sale of goods not produced, processed or fabricated in the dwelling unit shall not be permitted.
G.
Home occupations shall be conducted in whole or in part in the dwelling unit but not entirely in an accessory building unless otherwise specified by the Director of Community and Economic Development; provided, that the dwelling unit and accessory building in which the home occupation is conducted shall occur on the same parcel.
H.
The number of off-street parking spaces shall be determined by the Director of Community and Economic Development. Any improvements to the parking area shall be determined by the City Engineer in accordance with Chapter 14.40 PAMC whereby said improvements shall be completed within two years of the date of approval.
(Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3071 § 4 (part), 12/15/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2265 § 3, 9/19/1983; Ord. 2103 § 7, 10/18/1980)
The application for a home occupation use shall be submitted on a form obtained from the Department of Community and Economic Development and shall be acknowledged by the owner of the property, if other than the applicant. In addition to the notice procedures contained in PAMC 18.02.050, notice shall be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. Mailing labels shall be provided by the applicant.
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 8, 10/18/1980)
Upon receipt of an application satisfying the requirements of section 17.17.050, the Department of Community and Economic Development shall route the same to all appropriate departments. Each such department shall submit to the Department of Community and Economic Development recommendations and comments regarding the application. The Department of Community and Economic Development shall prepare a report to the Director of Community and Economic Development summarizing the factors involved, the recommendations of other departments, and the Department of Community and Economic Development recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 9, 10/18/1980)
The Director's decision shall be in written form with findings based upon compliance with sections 17.17.010, 17.17.040 and the following criteria:
A.
That the home occupation does not involve equipment or processes which introduce noise, smoke, dust, fumes, vibrations, odors, and other hazards in excess of those normally found in residential areas.
B.
That the home occupation does not significantly increase local vehicular or pedestrian traffic.
C.
That the home occupation shall not be injurious or detrimental to adjoining or abutting properties.
D.
That the home occupation shall not endanger the public health, morals, safety, and welfare; and that it is in the public interest.
E.
The Director of Community and Economic Development decision shall include a condition that home occupations be forwarded to the Public Works and Utilities Department for the determination of utility charges.
(Ord. 3272, 2/16/2007; Ord. 2911 § 3, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 11, 10/18/1980)
Persons with demonstrated physical handicaps may be permitted special review by the Director of Community and Economic Development. Such applicant may request waiver of development standard sections 17.17.040.E and/or F. No waiver of the criteria of section 17.17.080 will be considered.
(Ord. 3548 § 9, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 12, 10/18/1980)
In addition to the criteria of section 17.17.080, the Director of Community and Economic Development shall base his decision on a special review upon the following criteria:
A.
The waiver of any development standard shall not change the basic residential character of the dwelling unit nor detract in any way from the residential character of the neighborhood.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 13, 10/18/1980)
A.
Once a home occupation use has been approved, it shall not be transferred to another person or to a location other than as stated on the permit.
B.
The initial time limit on approved home occupation uses shall not exceed one year, after which time extensions may be granted as provided in this chapter.
(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2595 § 4, 6/27/1990; Ord. 2103 § 16, 10/18/1980)
A.
Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the City Council.
B.
Appeals shall be submitted to the Department of Community and Economic Development in writing within 15 days following the date of the decision.
C.
The City Council shall conduct an open record public hearing on the appeal of the Director of Community and Economic Development's decision with notice being given as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.
(Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000)
A.
Extensions of approved home occupation uses shall be considered in accordance with the same procedures as for the original permit application and may be granted for specified or unspecified time periods provided that the following minimum criteria are met:
1.
The use complies with the permit conditions; and
2.
There have been no significant, adverse changes in circumstances.
B.
Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the home occupation use, said use shall be automatically extended for 90 days to allow the City to review and process the extension request.
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3042 § 3 (part) 1/28/2000)
Any permit issued pursuant to the terms of this chapter may be revoked in accordance with the provisions of Chapter 1, Section 13, Ordinance No. 2050.
(Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 18, 10/18/1980)
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 $500.00. Each day that a violation continues shall constitute a separate offense.
B.
In addition to the criminal penalty of subsection A. hereof, any person operating under an exemption authorized by any portion of this chapter shall be deemed to have forfeited said permit as a result of said violation. Such person shall be required to apply for a home occupation use pursuant to the provisions of section 17.17.050. Failure to apply for and obtain an administrative conditional use permit for a home occupation use pursuant to section 17.17.050 shall subject the person to the penalty specified in subsection 17.17.310.A.
(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2103 § 19, 10/18/1980)
A.
Home occupations, other than those specifically exempted under PAMC 17.17.030, established prior to the effective date of this chapter and not having a home occupation use in accordance with the provisions of this chapter shall, within 90 days after the effective date of this chapter, initiate an administrative conditional use permit application. After the 90-day period, the home occupation shall be considered to be in violation of this chapter.
B.
Time extensions of administrative conditional use permits for home occupation uses lawfully established prior to the effective date of this chapter shall not be approved unless the home occupation complies fully with this chapter.
(Ord. 3577 § 1, 3/21/2017; Ord. 3042 § 3 (part) 1/28/2000)
This overlay zone is to provide alternative zoning regulations that permit and encourage design flexibility, conservation and protection of natural critical area amenities, and innovation in residential developments to those regulations found in the underlying zone.
It is intended that a Planned Residential Development (PRD) will result in a more fully designed residential development than traditional subdivision development. The resulting development shall be done in a manner consonant with the public health, safety, and welfare illustrated in the specifically approved site design that provides all of the components of a fully developed residential neighborhood, such as open space, circulation, pre-determined building types and locations, natural feature protection, and utility services. A PRD application may combine a number of land use decisions such as critical areas protection, 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 zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses.
This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a pre-determined variety of housing choices and without following a standard system of public streets and lot design, with allowances for mixed use, residential and neighborhood commercial developments that are not usually permitted in residential zones.
(Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3123 § 10, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
A.
Common usable open space: Area within a PRD that is accessible and usable to all residents of the development and that is:
1.
Land that is unoccupied by nonrecreational buildings, parking areas, or traffic circulation roads;
2.
Land that is dedicated to recreational buildings, structures or facilities;
3.
Land that is dedicated to an open space purpose of the PRD such as preservation of natural features; or
4.
Land protected by the Environmentally Sensitive Areas Protection Ordinance (PAMC Title 15), other than buffer areas, may not be included as common usable open space for recreational purposes.
To be considered common usable open space for recreational purposes, the open space must be usable for specific or multi-purpose activities, be located on generally level land, be regularly shaped and contain a minimum of 1,000 square feet.
B.
Neighborhood density: The number of dwelling units per acre allowed by the underlying zone or zones.
C.
Planned Residential Development (PRD): A site-specific development that has been approved by the Hearing Examiner under the provisions of Chapter 17.19 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 450 or 500-foot by 300-foot dimension or a minimum of 3.1 acres as created by the original platting of the townsite of Port Angeles.
(Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2657 § 1 (part), 2/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
PRDs may be established, subject to final approval of a proposal for a specific parcel or parcels of land in all residential districts and may include land that is zoned PBP. A PRD shall contain a minimum of 3.1 acres with densities permitted per the underlying zone or zones per section 17.19.060.
(Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Residential building types in a PRD may vary from those permitted in the underlying zone or zones.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s) or may include neighborhood commercial and commercial recreational uses that primarily serve the PRD residents.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The approval of a PRD may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. Any modification to the requirements and standards of the underlying zone must be specifically described in the application materials and be thoroughly reviewed to be included in the final PRD approval. No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PRD, wetland buffer reduction standards of PAMC 15.24.070(3), or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC.
(Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2823 § 1, 7/15/1994; Ord. 2796 § 14, 2/11/1994; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
The following standards shall apply to all PRDs:
A.
All street and utility improvements shall be constructed to urban standards specified by the City of Port Angeles. Street widths may vary from widths required in the Subdivision Regulations. Interior streets shall be dedicated public streets. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual.
B.
All PRDs shall devote at least 30 percent 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. LID facilities may count towards the common usable open space not required for recreational purposes. 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 PRDs 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 for all projects that involve or contemplate the subdivision of land. Lots in a platted PRD may be sold to separate owners. No further subdivision of land within the PRD will be permitted unless a formal amendment to the PRD is approved.
E.
Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), neighborhood commercial and commercial recreational uses may be considered for conditional use permit(s) during the PRD approval process. No further conditional use permits except home occupations, will be permitted within the PRD 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 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 that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the 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 consistent with Chapters 15.20 and 15.24 PAMC;
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; and
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 PRDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3572 § 7, 12/20/2016; Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Every PRD shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004 Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2715 § 5, 10/16/1992; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
The procedure for approval of a PRD shall be composed of [as follows]:
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted after all conditions of preliminary approval have been met or bonded for by the applicant. No lots may be offered for sale prior to plat approval.
(Ord. 3742 § 4(Att. D), 12/17/2024; Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2911 § 5 (part), 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.080 entitled "Pre-application review," which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2742 § 1, adopted Jan. 29, 1993; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The application for a PRD shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project.
C.
A survey of the property showing existing features, including contours at five-foot intervals, existing buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, 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, that identifies significant groupings of trees and unusual or fine specimens of their species; or (b) a survey of all trees over 12 inches in trunk diameter measured at four feet above the ground; as determined by the Director of DCED, 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 that are unusual or fine specimens of their species.
4.
In general wooded areas where minor improvements are proposed, a survey of trees over 12 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 five-foot intervals, location and dimensions of proposed buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
F.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Non-residential structures.
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas;
d.
Any areas paved with permeable paving systems;
3.
Total area in lots;
4.
Open space area:
a.
Common usable open space (must be 15 percent of site);
b.
Total area dedicated to open space (must be 30 percent of site);
5.
Number and location of off-street parking spaces;
6.
Number of residential units proposed;
7.
Total number of lots being created;
8.
Density of site expressed as residential units per acre.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H.
If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.
I.
Preliminary elevation and perspective drawings of project structures.
1.
Individual building footprints;
2.
Housing type and/or style proposed for each individual lot.
J.
A preliminary utilities plan, including fire hydrant locations.
K.
A preliminary storm drainage plan with calculation of impervious areas.
L.
A 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 off-street parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 4(Att. D), 12/17/2024; Ord. 3332 § 2, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.100 entitled "Routing and staff recommendations," which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.110 entitled "Hearing Examiner public hearing—Scheduling and notice," which derived from: Ord. 3548 § 11, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; Ord. 3180 § 1 (part), adopted Dec. 17, 2004; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions, shall be in written form based upon compliance with section 17.19.050 and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
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.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
F.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3742 § 4(Att. D), 12/17/2024; Ord. 3548 § 11, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 2911 § 5 (part), 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3548 § 11, adopted Jan. 5, 2016, deleted § 17.19.130 entitled "City Council action—Preliminary development plans", which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 2861, adopted Mar. 17, 1995; Ord. 2657, adopted Dec. 13, 1991; and Ord. 2038, adopted July 29, 1979.
Application for final approval of a PRD that involves subdivision of the underlying property shall be submitted within five years of preliminary PRD approval. An application for final review of a PRD that does not involve a subdivision of the underlying property shall be submitted within two years of the preliminary development plan approval; provided, that for phased PRD's, each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Hearing Examiner, and the Hearing Examiner may approve, one or more one-year extensions as the Hearing Examiner may deem appropriate. The site must be under one ownership prior to final approval by the Hearing Examiner, and the application for final approval must be made by the owners of the entire site. The application shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, recreation facilities and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
F.
Development schedule.
G.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
H.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3548 § 11, 1/5/2016; Ord. 3517 § 4, 10/21/2014; Ord. 3441 § 7, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2919, 6/14/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.160 entitled "Final action," which derived from: Ord. 3548 § 11, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; Ord. 2911 § 5 (part), adopted Mar. 29, 1996; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the PRD and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PRD.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2657 § 1 (part), 12/13/1991; Ord. 2038 § 1 (part), 7/29/1979)
Editor's note— Ord. 3742 § 4(Att. D), adopted Dec. 17, 2024, repealed § 17.19.180 entitled "Modifications after final approval," which derived from: Ord. 3548 § 11, adopted Jan. 5, 2016; Ord. 3272, adopted Feb. 16, 2007; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2657 § 1 (part), adopted Dec. 13, 1991; and Ord. 2038 § 1 (part), adopted July 29, 1979.
The purpose of this chapter is to:
A.
Establish the uses generally permitted in each zone which are compatible with the purpose of the zone and other uses allowed within the zone.
B.
Promote forms of development that reinforce and/or enhance the desired character of Port Angeles business districts.
C.
Promote compatibility between developments.
D.
Minimize environmental impacts of development.
(Ord. 3688 § 32, 12/21/2021)
A.
Use categories.
1.
In order to regulate uses, categories of uses have been established. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product, or physical characteristics.
2.
Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions.
3.
Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Director has the responsibility for categorizing all uses.
B.
Principal uses. Allowed principal uses in commercial zones are listed in Table 17.20.020. Principal uses are grouped into categories of uses.
C.
Accessory uses. Accessory uses are permitted in conjunction with a permitted principal use as determined by the Community and Economic Development Director to be compatible with the intent of this chapter.
D.
Temporary uses. Temporary uses are allowed as established in PAMC 17.96.050.
E.
Shoreline master program. Within 200 feet of ordinary high water, permitted or conditional uses must comply with the shoreline master program, as adopted and amended by the City.
F.
Key to the use table.
1.
Permitted use (P). Where the letter "P" appears in the use tables, the subject use is permitted. Permitted uses are those that do not require discretionary land use approval permits, but may require building permits, shoreline permits, or other permits required by Title 14 PAMC.
2.
Conditional use (C). Where the letter "C" appears in the use tables, the subject use is allowed subject to the conditional use review procedures specified in PAMC 17.94.065.
3.
Use not permitted ( ). Where no symbol appears in the use tables, the subject use is prohibited in that zone.
4.
Special use limitations (X). For uses containing a subscript (X) , refer to the Code reference in the right column next to the subscript (X). All applicable requirements govern a use whether or not they are cross-referenced.
5.
Unclassified uses. Where a proposed use is not classified in the use tables and sections below, the Community and Economic Development Director must apply the use provisions of a use most similar in scale and associated level of impacts. Where the Director finds that there is no such similar use, the Director must make a determination in writing on whether the use should be permitted, conditionally permitted, or prohibited, based on the following considerations:
a.
The purpose of the applicable zone.
b.
The character of uses that are designated in Table 17.20.020 as permitted, conditional and prohibited within the applicable zone.
c.
The scale and type of the use and buildings compared to other permitted uses in the zone.
d.
The amount, type, and pattern of vehicular traffic anticipated for the use.
e.
The expected outdoor uses and activities associated with the use.
f.
The expected noises, odors, emissions, and unique visual impacts associated with the use.
(Ord. 3728 § 12(Exh. C), 3/5/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 32, 12/21/2021)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the purpose of this chapter may be established.
(Ord. 3710 § 1, 3/21/2023)
A.
Animal care.
1.
No burning of refuse or dead animals is allowed.
2.
Only house pets (as defined by Chapter 17.08 PAMC) are allowed on the premises. Also see the animal keeping provisions of Title 7 PAMC.
3.
The portion of the building or structure in which animals are kept or treated must be mechanically ventilated and soundproofed.
4.
Prior to issuance of a building permit, documentation must be provided by a qualified acoustical consultant, for approval by the Director, verifying that the expected noise to be emanating from the use complies with the standards set forth in WAC 173-60-040 for a Class B source property and a Class A receiving property.
5.
Outdoor area standards.
a.
All outdoor exercise areas and runs must be fenced for the safe confinement of animals.
b.
A minimum of 15 feet wide Type A landscaping must be established along any outside areas used to exercise or walk animals that abuts a ground floor residential use.
c.
No animal may be outdoors between the hours of 11:00 p.m. and 6:00 a.m. except for relieving bodily functions.
(Ord. 3688 § 32, 12/21/2021)
(Ord. 3688 § 32, 12/21/2021)
See Chapter 17.94 PAMC for the following provisions:
A.
Minimum lot area reduction and exceptions.
B.
Exception to minimum side yard setback.
C.
Permitted intrusions into required yards.
D.
Lot coverage exemptions.
E.
Exceptions to height requirement.
F.
Other deviations, exceptions, variances, and adjustments.
(Ord. 3688 § 32, 12/21/2021)
A.
Signs. Signs must comply with Chapter 14.36 PAMC.
B.
Off-street parking. See Chapter 14.40 PAMC.
C.
Design standards. Commercial and multi-family development must comply with Chapter 17.22 PAMC.
D.
Landscaping. See PAMC 17.22, Article V, Landscaping Standards.
(Ord. 3688 § 32, 12/21/2021)
A.
Purpose. To offer flexibility to allowable height in strategic zones in exchange for affordable forms of housing or a greater diversity of unit sizes.
B.
Applicability.
1.
The provisions of this section are optional.
2.
The bonus incentive provisions of this chapter apply to zones with height bonuses established in PAMC 17.20.040.
C.
Bonus options. Developments meeting one of the following incentives standards qualify for the maximum height with bonus as set forth in Table 17.20.040.
1.
Participation in the 12-year affordable option of the Property Tax Exemptions for Multi-Family Housing program (Chapter 17.46 PAMC).
2.
At least 25 percent of the total dwelling units contain 600 square feet or less of gross floor area.
3.
At least ten percent of the total dwelling units contain three or more bedrooms.
D.
Recording. Prior to building permit issuance, a building height bonus agreement in a form approved by the Director and City Attorney must be recorded with the Clallam County Auditor's office as a covenant running with the land and binding on the applicant, property owner, assigns, heirs, and successors.
(Ord. 3688 § 32, 12/21/2021)
A.
Applicability. The standards herein apply to all single household dwellings on a lots less than 5,000 square feet in area created after December 21, 2021.
B.
Purpose.
1.
To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods.
2.
To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
To support more efficient use of urban residential land.
4.
To provide usable open space for residents.
5.
To de-emphasize garages and driveways as major visual elements along the street.
6.
To promote architectural variety that adds visual interest to the street and neighborhood.
C.
Driveway access and garage standards.
1.
All garages and on-site parking must be accessible from the alley with exception of alley/street subdivisions resulting in lots less than 5,000 sf (see PAMC 14.40.045 for parking reduction tools).
2.
For individual garage or carport units facing an alley, driveways must be designed to prevent parked cars from protruding into alleys. Such driveways must be either less than five feet long or longer than 20 feet, measured along the centerline of the driveway.
D.
Entry standards.
1.
For new dwellings, the façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet.
2.
Clear and obvious pedestrian access between the sidewalk the building entry is required for new dwellings. Alley frontage lots require clear pedestrian access between the alley and building entry.
E.
Minimum useable open space standards.
1.
Every lot must provide a useable open space equivalent to at least ten percent of the lot area at the side or rear of the dwelling, with a minimum dimension of 15 feet on all sides of the useable open space. For example, a 3,500 square feet lot would require a contiguous open space of at least 350 square feet. Porches and patios may be used to fulfill this requirement provided they are part of an open space that meets the minimum dimension requirement.
2.
If the rear edge of the usable open space is within five feet of an alley, any fence between the rear edge and the alley must be limited to four feet in height except where the portion of the fence between four and six feet in height is at least 50 percent transparent.
3.
Driveways do not count in the calculations for usable open space.
4.
LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
5.
Additions must not create or increase any nonconformity with this standard.
F.
Tree standards. Trees must be integrated into new, small lot single-household developments at the time of occupancy at the rate one tree per lot.
1.
Trees may be either coniferous or deciduous.
2.
Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards).
3.
See PAMC 17.22, Article V Landscaping Standards, for related landscaping plans, installation, and maintenance standards.
A.
Purpose. The purpose of an accessory dwelling unit is to:
1.
Add affordable units to existing housing and make housing units available to people who might otherwise have difficulty finding homes within the City.
2.
Promote the development of additional housing options in residential neighborhoods that are appropriate for people at a variety of stages of their lives.
3.
Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security.
4.
Protect neighborhood stability, property values, and the character of the neighborhood.
B.
Standards. An ADU, in any zone, must comply with the following development standards:
1.
Impact fees. The City may not assess impact fees on the construction of ADUs that are greater than 50 percent of the impact fees that would be imposed on the principal unit.
2.
Residency of lot owner. The owner of a lot on which there is an ADU is not required to reside in or occupy the ADU or another housing unit on the same lot.
3.
Density. At least two ADUs are permitted on all lots that are located in all zoning districts within the City that allow for single-household dwellings in the following configurations:
(i)
One attached ADU and one detached ADU;
(ii)
Two attached ADUs; or
(iii)
Two detached ADUs, which may be comprised of either one or two detached structures.
4.
Minimum lot size. An ADU is permitted on any lot that meets the minimum lot size required for the principal dwelling unit.
5.
Maximum gross floor area. The maximum gross floor area requirement for ADUs is 1,000 square feet or 50 percent of the average gross floor area of all other dwelling units on the lot, not including a detached garage and/or a detached accessory building, whichever is larger.
6.
Conversion of existing structures. ADUs may be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage.
7.
Scale and visual subordination. The ADU must be visually subordinate to the primary unit. If the ADU is located within an existing residence, there can only be one main entrance located on the primary street-facing facade of the single-household residential structure, unless the residence contained additional entrances before the ADU was proposed. Detached ADU's and entrances that do not have access from the ground, such as an entrance from a balcony or deck, are exempt from this standard.
8.
Addressing. A separate address must be created for the ADU.
9.
Conveyance of condominium unit. The sale or other conveyance of a condominium unit independently of a principal unit is not prohibited based solely on the grounds that the condominium unit was originally built as an ADU.
10.
Public street improvements. Public street improvements will not be required as a condition of permitting ADUs.
12.
Environmental exemptions. The provisions of this section do not apply to lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to a watershed serving a reservoir for potable water if that watershed is or was listed, as of the effective date of this section, as impaired or threatened under section 303(d) of the federal Clean Water Act (33 U.S.C. § 1313(d)).
(Ord. 3718 § 1, 8/15/2023; Ord. 3710 § 1, 3/21/2023; Ord. 3688 § 33, 12/21/2021)
A park model meeting the requirements of WAC 296-150P may be placed on a lot in place of a detached ADU in all zones where ADUs are an allowed accessory use when the following development standards are met:
1.
Configuration. A park model may be used as an accessory use in conjunction with a primary structure housing a primary single-household dwelling or duplex.
2.
Density. The park model must be located on the same zoning lot as the primary structure. A park model which conforms to the standards in this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be considered a residential use which is consistent with the comprehensive plan and zoning designation for the lot.
3.
Minimum lot size. A park model must not be established on any parcel smaller than 3,500 square feet.
4.
Setbacks, height, and site coverage. Park models must comply with all dimensional standards including the site coverage, height, and setback requirements of the zone.
5.
Scale and visual subordination. The park model must be visually subordinate to the primary unit. There can only be one main entrance located on the primary street facing lot line.
6.
Parking. The off-street parking requirements set forth in Chapter 14.40 must be provided and maintained for the primary dwelling. No additional parking is required for a park model.
7.
Addressing. A separate address must be created for the park model.
8.
Utility connection. A park model must have a permitted and permanent connection to all applicable municipal utilities.
9.
Anchoring standards. A park model placed on a lot must comply with the standards of ANSI 225.1.
(Ord. 3718 § 1, 8/15/2023)
A.
Purpose. The purpose of a commercial caretaker unit is to:
1.
Promote the development of limited housing options in commercial and industrial areas that are otherwise prohibitive of residential development.
2.
Provide housing for an owner/proprietor, employee, or other on-site security or operations personnel of a commercial/industrial property where no residential dwelling units exist.
B.
Standards. A CCU must comply with the following development standards:
1.
Configuration. An CCU may be located either within, attached to, or detached from a primary structure housing a commercial or industrial use. CCUs shall only be located above the first floor or to the rear of commercial or industrial buildings.
2.
Density. Only one CCU may be created in conjunction with each commercial or industrial enterprise. A CCU which conforms to the standards in this chapter shall not be required to meet minimum residential density standards for the lot upon which it is located and shall be considered an accessory use which is consistent with the comprehensive plan and zoning designation for the lot.
3.
Maximum unit size. The CCU must be subordinate to the primary commercial or industrial use, not exceeding 1,250 square feet unless approved through an administrative conditional use permit process.
4.
Setbacks, height, and site coverage. CCUs must comply with all dimensional standards including the site coverage, height, and setback requirements of the zone.
5.
Parking. The off-street parking requirements set forth in Chapter 14.40 must be provided and maintained for the primary use of the parcel. No additional parking is required for an CCU.
6.
Addressing. A separate address must be created for the CCU.
7.
Occupancy. CCUs shall be reserved for individuals employed on site at the commercial/industrial use the CCU is subordinate to.
8.
Applicability. CCUs shall be permitted on all lots within commercial and industrial zones where an approved commercial or industrial use is operating. In all other circumstances. CCUs may be administratively approved as a conditional use permit.
(Ord. 3710 § 1, 3/21/2023)
A.
Applicability. The standards herein apply to all cottage housing developments.
B.
Purpose.
1.
Provide opportunities for creative, diverse and high-quality infill development that is compatible with existing neighborhoods.
2.
Promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
Support compatibility with existing neighborhoods by promoting high-quality design.
4.
Support more efficient use of urban residential land.
5.
Enhance the character of the residential neighborhood.
6.
Provide usable open space for residents.
7.
Support protection of environmentally sensitive area amenities:
C.
Lot size standard. Cottages are exempt from minimum lot area and lot width standards, provided they comply with design standards herein.
D.
Density standard. Due to the smaller relative size of cottage units, cottage developments meeting all design standards herein are considered to comply with the underlying zoning.
E.
Minimum and maximum number of cottages.
1.
Cottage housing developments must contain a minimum of three cottages.
2.
Three to 21 cottage structures may make up a cluster. There is no limit on the number of clusters provided all other standards are met.
3.
In the R7, RMD, and RHD zones, attached duplex cottages are allowed.
4.
Accessory dwelling units are not permitted in cottage housing developments, except as provided in subsection L. below.
F.
Setbacks and separation standards.
1.
The minimum setbacks set forth in Chapters 17.10 through 17.20 PAMC apply to the development frontage and external side and rear property lines of the entire cottage development.
2.
Individual cottages buildings must be separated from each other by at least six feet. Permitted projections into required side setbacks in the zoning chapters (Chapters 17.10 through 17.20 PAMC) apply.
3.
Cottages must be setback at least five feet from any internal walkway. Permitted projections into required front setbacks also apply.
4.
Cottages must be setback at least ten feet from any shared access drives that provide access to four or more cottages. For access lanes serving less than four cottages, at least five feet of separation is required between access lanes and cottages. Permitted projections into required front setbacks also apply for setbacks to shared access drives (see PAMC 17.94.120).
G.
Building height standards.
1.
Cottages have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12.
2.
The height of accessory structures in cottage housing developments is limited as prescribed in the underlying zone.
H.
Cottage size standards. Cottages must contain no more than 1,200 square feet gross floor area, not including attached garages.
I.
Entry and porch standards.
1.
Clear and obvious pedestrian access between the sidewalk and the building entry is required for new dwellings.
2.
Porches. Cottage façades facing the common open space or common internal walkway must feature a roofed porch at least 70 square feet in size with a minimum dimension of seven feet on any side. The required porch does not count as private open space for the size or dimension requirements of subsection (L)(1). Cottages facing a street must also provide a separate entry facing the street which is covered with minimum weather protection of three feet by three feet.
J.
Façade transparency standards. Transparent windows and/or doors are required on at least eight percent of façades featuring the primary entrance and facing streets and common open spaces. For corner lots, this standard is only applied to the building elevation containing the primary entrance.
K.
Common open space standards.
1.
Minimum size. Common open space must be at least 400 square feet per cottage.
2.
Minimum dimensions. Common open space must have no dimension less than 15 feet. Areas used to meet private open space requirements [see subsection (L) below] may not be double-counted as common open space.
3.
Elements. Common open space may include a lawn, courtyard, plaza, garden, or other shared central open space and may not include parking areas. Common open space must be useable and may not include critical areas or critical area buffers, including steep slopes. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
4.
Orientation. Common open space must have cottages abutting on at least two sides. At least 50 percent of the cottages in each cottage housing cluster must abut common open space. Cottages abutting the common open space must be oriented around and have the primary entrance face the common open space.
5.
Access. Cottages must be within 100 feet walking distance of the common open space and feature a direct pedestrian connection to the common open space.
L.
Shared community buildings standards.
1.
A shared community building may be integrated into the common open space area required in subsection (J) above but must not be included in the minimum common open space area calculations.
2.
Non-residential use. A shared community building may include uses such as, but not limited to, a multi-purpose entertainment space, recreation center, kitchen, library, storage space, workshop, or similar amenities that promote shared use and a sense of community. Commercial uses other than child care are prohibited.
3.
Residential use. A shared community building may contain one attached accessory dwelling unit (see PAMC 17.21.020).
4.
Height. Shared community buildings have a maximum building height of 25 feet. All parts of the roof above 18 feet must be pitched with a minimum roof slope of 6:12.
5.
Size. Shared community buildings have a maximum ground floor footprint of 1,200 square feet.
6.
Other standards. Except for the height and size exceptions identified in subsections (L.4 and L.5) above, shared community buildings are subject to the accessory structure standards in the zoning Chapters (17.10 through 17.20).
M.
Private open space standards.
1.
Minimum size. The minimum private open space adjacent to each cottage must be at least 200 square feet with no dimension less than ten feet.
2.
Access. The private open space must have direct access from the cottage via a door or porch.
3.
Location. The private open space is encouraged to be located between the cottage and the common open space.
4.
Private open space must be useable and may not include critical areas or critical area buffers, including steep slopes.
N.
Access and parking standards.
1.
Driveway and access requirements are in PAMC 17.22.240.
2.
Off-street parking standards are set forth in Chapter 14.40 PAMC.
3.
Parking areas must be located to the side or rear of cottage clusters. Parking must not be located between the street and cottages nor between cottages and common open space.
4.
Parking and access lanes must be screened from adjacent residential uses by landscaping or architectural screens. For parking areas and access abutting residential uses, at least five feet of Type A, B, or C landscaping (see Chapter 17.22 PAMC, Article V, Landscaping Standards) must be provided between the parking area and the abutting residential use.
5.
Parking is encouraged to be consolidated under cover. Uncovered parking must be located in clusters of not more than five adjoining spaces (except where adjacent to an alley). Driveway space in front of private garages are exempt from this provision.
6.
Garages with a footprint of up to 300 square feet may be attached to individual cottages provided all other standards herein are met. Such garages do not count toward the size limit of cottages. Such garages must not be located adjacent to the common open spaces.
O.
Landscaping standards. Cottages in the RMD and RHD zones must meet the frontage requirements of PAMC 17.22.435.
P.
Tree standards. Trees must be integrated into cottage developments at the time of occupancy at the rate one tree per cottage unit.
1.
Trees may be either coniferous or deciduous.
2.
Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards).
3.
See PAMC 17.22, Article V, Landscaping Standards, for related landscaping plans, installation, and maintenance standards.
A.
Applicability. The standards herein apply to all duplex development within the City unless otherwise noted herein.
B.
Purpose.
1.
To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods.
2.
To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
To support more efficient use of urban residential land.
4.
To provide usable open space for residents.
5.
To de-emphasize garages and driveways as major visual elements along the street.
6.
To promote architectural variety that adds visual interest to the street and neighborhood.
C.
Driveway access and garage standards.
1.
Where duplexes are on lots served by alleys, all new garages and on-site parking must be accessible from the alley.
2.
When no alleys are present or alley access is not feasible due to extreme topography, the following standards apply:
a.
Side- and rear-facing parking areas and garages are encouraged.
b.
When located on a corner lot, both streets must be utilized for vehicle access. If one street is classified as a collector or arterial, only the side street must be utilized for vehicle access. Driveways must be located as far from the street corner as feasible.
3.
Street-facing driveways for duplexes are limited to:
a.
One 20-feet wide (maximum) driveway; or
b.
Two 12-feet wide (maximum) driveways provided the driveways are spaced at least 20 feet apart.
Single-household to duplex conversions and duplex remodels and additions may not increase any non-conformity with the standards herein.
4.
No more than 50 percent of any ground floor façade may be occupied by a garage, and detached garages and all carports must not protrude beyond the front building façade. This limit may be increased to a maximum of 65 percent provided at least three of the following design details are utilized:
a.
A decorative trellis over at least the entire width of the garage door(s).
b.
A window or windows placed above the garage on a second story or attic wall.
c.
A balcony that extends out over the driveway.
d.
Utilizing all single-vehicle garage doors as an alternative to wider garage doors suitable for two-car garages.
e.
Windows in the garage door.
f.
Decorative details on the garage door. Standard squares on a garage door will not qualify as a decorative detail [see Figure 17.21.040(D)(4)(b)].
Single-household to duplex conversions and duplex remodels and additions may not increase any non-conformity with the standards herein.
D.
Entry standards.
1.
For new duplex developments, the façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such a covered porch or recessed entry, with minimum weather protection of three feet by three feet.
2.
Clear and obvious pedestrian access between the sidewalk and the building entry is required for new dwellings.
E.
Minimum useable open space standards. The provisions herein are only required for new duplexes and not required for single household to duplex conversions and remodels to existing duplexes.
1.
All new duplex developments must provide usable open space with a collective size equal to ten percent of the lot area, with a minimum dimension of 15 feet on all sides. For example, an 8,000 square feet lot would require at least 800 square feet of usable open space. Usable open space may be a single large space or separate spaces.
2.
Where the usable open space is located within a front yard setback, the open space must be defined with a fence, hedge, or wall between 18 and 36 inches tall (meeting the standards of PAMC 17.94.140 and the sight obstruction height limits of the Port Angeles Urban Services Standards and Guidelines Manual when near an intersection). See Figure 17.21.040(D) for an example.
3.
If the rear edge of the usable open space is within five feet of an alley, any fence between the rear edge and the alley must be limited to four feet in height, except where the portion of the fence between four and six feet in height is at least 50 percent transparent.
4.
Unenclosed decks, porches, patios, and entries may be used as a part of the usable open space, provided they are a part of a space that meets the standards herein.
5.
LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
6.
Driveways do not count in the calculations for usable open space.
7.
Additions must not create or increase any nonconformity with this standard.
F.
Tree standards. Trees must be integrated into new duplex developments at the time of occupancy at the rate one tree per duplex unit (two trees per duplex building). The subject trees are not required for single household to duplex conversions.
1.
Trees may be either coniferous or deciduous.
2.
Required trees must not be located in public right-of-way (see Chapter 11.13 PAMC for street tree standards).
3.
See PAMC 17.22, Article V, Landscaping Standards, for related landscaping plans, installation, and maintenance standards.
(Ord. 3688 § 33, 12/21/2021)
A.
Applicability. The standards herein apply to all townhouse developments.
B.
Purpose.
1.
To provide opportunities for creative, diverse, and high-quality infill development that is compatible with existing neighborhoods.
2.
To promote housing affordability and greater choice by encouraging smaller and more diverse home sizes in accordance with the Port Angeles Comprehensive Plan.
3.
To support more efficient use of urban residential land.
4.
To provide usable open space for residents.
5.
To de-emphasize garages and driveways as major visual elements along the street.
6.
To reduce the apparent bulk and scale of large townhouse buildings.
7.
To promote architectural variety that adds visual interest to the street and neighborhood.
C.
Dimensional standards for townhouses are modified from the zone-based standards elsewhere in this title, as listed in Table 17.21.050.
D.
Driveway access and garage standards.
1.
Where townhouses are on lots served by alleys, all garages and on-site parking must be accessible from the alley.
2.
Where no alley is present or alley access is not feasible due to extreme topography, townhouse buildings with two units must comply with the duplex driveway standards of PAMC 17.21.040(B).
3.
Where no alley is present or alley access is not feasible due to extreme topography, townhouse buildings with three or more units must use one of the following methods:
a.
Method A. Provide a shared access drive to garages in the rear meeting the following requirements:
i.
Shared driveways have a maximum width of 20 feet and must meet turning radii and other standards of the City-adopted International Fire Code.
ii.
Minimum building separation along internal drive aisles must be 24 feet. Projections into this minimum building separation standard are permitted for each building consistent with the interior side setback projections referenced in PAMC 17.94.120. The purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at least one side, and provide adequate light and air on both sides of the dwelling units and vehicle areas, which often function as usable open space for residents.
b.
Method B. Provide individual garages and driveways access from a local street meeting the following standards:
i.
Individual garages and driveways are no wider than 12 feet and driveways have a minimum length of 20 feet.
ii.
The driveway is no more than 50 percent of the width of the townhouse unit (for example, a 12-foot wide driveway requires a minimum 24-foot wide townhouse unit).
E.
Entry standards.
1.
The façade facing the street must be designed as the front of the dwelling with a primary building entrance and a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet.
2.
Clear and obvious pedestrian access between the sidewalk and the townhouse entry is required.
3.
For townhouses where pedestrian access is provided from an alley or private internal vehicular access, buildings must emphasize individual pedestrian entrances over private garages by using both of the following measures:
a.
Enhance entries with a trellis, small porch, or other architectural features that provide cover for a person entering the unit and a transitional space between outside and inside the dwelling.
b.
Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with no dimension less than four feet.
Alternative designs will be considered, provided they meet the purpose of the standards.
F.
Minimum useable open space standards. Townhouse dwelling units must provide open space at least equal to ten percent of the gross floor area. The required open space may be provided by one or more of the following:
1.
Private ground level open space that is directly adjacent and accessible to dwelling units. Such space must have minimum dimensions of at least ten feet on all sides. Street setbacks may be used to meet this standard, provided they are defined with a fence (meeting standards of PAMC 17.94.140).
2.
Balconies, roof decks, or porches.
3.
Shared open space that meets the design requirements of PAMC 17.22.220, provided such space is visible and directly accessible to townhouse dwelling units.
4.
LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area.
Individual private open spaces for one unit that exceed the open space standards may not be used to help meet the open space standards for other dwelling units. Shared open spaces that meet the standards of subsection (E)(3) of this section, however, may be used to supplement private open spaces meeting subsections (E)(1) and (E)(2) of this section to help dwelling units meet the usable open space standards herein.
G.
Building articulation. Townhouse buildings must meet the façade articulation standards for multi-family buildings as set forth in PAMC 17.22.320(C).
(Ord. 3688 § 33, 12/21/2021)
The purpose of this chapter is to establish regulations for the operation of short-term rentals within the City of Port Angeles. This chapter does not apply to hotels, motels, and bed and breakfasts. This chapter also establishes a short-term rental business license permit program; platform-based enforcement provisions; and building and fire life-safety inspection requirements for all short-term rentals.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
(Reserved).
A.
The licenses required by this chapter prevail over other provisions of the PAMC that may relate to short-term rental licenses, as amended now or hereafter. In the event of a conflict, the provisions in this chapter shall control.
B.
A short-term rental business license is required for all short-term rentals occurring in the City.
C.
The Director is hereby authorized to implement, interpret, enforce, and make Director's determinations for any section of this chapter and any other applicable PAMC chapters. Director's determinations are intended to clarify and explain the PAMC requirements.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
It is unlawful for any person to operate as a platform within the City without a valid platform business license pursuant to this chapter.
B.
Platform business licenses are issued by the Director and may be obtained by filing an application to the City's Community and Economic Development Department.
C.
All platforms operating in the City of Port Angeles must comply with the following:
1.
Possess a valid platform business license issued pursuant to this chapter.
2.
Prior to providing booking services, require that all owners, authorized agents, and/or operators using the platform obtain a valid short-term rental business license through the City and include a business license number in any listing for a short-term rental on the platform.
3.
Remove any listings from the platform within four business days upon notification by the City that a short-term rental listed on the platform does not comply with the requirements of this chapter.
4.
Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year's operations:
a.
The total number of short-term rentals in the City listed on the platform during the applicable reporting period, and
b.
The total number of nights each short-term rental was rented through the platform during the applicable reporting period.
5.
Inform all owners, authorized agents, and/or operators who use the platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the platform does this on their behalf.
6.
Provide to the City a listing of all owners, authorized agents, and/or operators inside the City for which the platform provides booking services by February 1 of each year for the previous year's operations.
7.
Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this chapter in a manner consistent with state and federal law.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
All short-term rentals must comply with the following inspection requirements:
A.
All short-term rental owners or authorized agents must obtain a fire life-safety inspection of the rental, and pay the inspection and review fees outlined in the Port Angeles Master Fee Schedule for each new or renewed license. Type I short-term rentals are required to meet the provisions for the entire structure where the rooms are located. The Director will determine the inspection frequency in one, three, or five-year increments.
B.
All short-term rentals must have a code-compliant, non-expired fire extinguisher located visibly on each floor of the dwelling and one located within six feet of any cooking appliances.
C.
Inspection results may require minor building renovations or improvements, specifically related to fire life-safety items, requiring a building permit through the City's Community and Economic Development Department.
D.
All short-term rental licenses will contain the following language:
1.
The fire life-safety review for this short-term rental is limited to basic fire life-safety inspection, including but not limited to 911 locator consistency, handrails, guardrails, egress, ingress, exterior safety lighting, smoke and carbon monoxide detection and warning, repair of any notably dangerous building concerns, and pool safety regulations. The short-term rental business license inspection is not to be construed to be an exhaustive review of all potential life/safety issues that may be present in the facility. By accepting and utilizing the short-term rental license issued by the City or utilizing the licensed short-term rental, the owner, authorized agent, short-term rental platform, guest, short-term rental operator, or any other person with interest agrees to hold the City harmless in the event of any damage, property damage, personal injuries, and any other monetary or liabilities occurring from the short-term rental.
E.
Any short-term rental undergoing renovations, improvements, or upgrades may not operate until all items are completed and required building permits are finalized. The City will temporarily suspend any short-term rental business license until such renovations, improvements, or upgrades are finished and finalized by the City's Community and Economic Development Building Division. Any suspension will not alter the renewal date requirement.
F.
All egress must be adequately sized and unobstructed to allow proper escape from each sleeping unit and escape from the main dwelling.
G.
Failure to schedule and pass any required inspection is grounds for denial or revocation of the short-term rental business license.
1.
Upon notification by the City, the short-term rental owner, authorized agent, and/or operator will have 90 days to comply with any new minor fire life-safety upgrades. When required, the applicant must obtain a building permit, complete the work, and receive approval for the final building inspection.
2.
The Director may grant extensions based on a review of the circumstances, hardships, or proposed work timelines. Any extensions will be provided to the owner, authorized agent, and/or operator in writing, detailing the length of time of extension, requirements, and other relevant provisions.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
The following zoning, allowance, and use table requirements apply to all short-term rentals within the City.
Key to use the table:
A.
P(L) = "Permitted if Licensed" means short-term rentals allowed with a short-term rental business license.
B.
No = "No" means the use is prohibited.
C.
No Limitation = "No Limitation" means the number of short-term rentals of a particular type is not limited; therefore, no maximum cap on the number of units is set.
D.
N/A = "Not Applicable" for Table 17.23.060-1 means that the requirement limitation of the number of units does not apply because that type of short-term rentals in that zone are prohibited.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
All short-term rentals must comply with the following standards:
A.
After July 1, 2024, no person may operate a short-term rental without obtaining and maintaining a short-term rental business license.
B.
Licensed short-term rentals must only use platforms licensed by the City. Licensees may alternatively direct book.
C.
Only one short-term rental license will be issued per parcel, provided, however, that owners of short-term rental units are exempt from this limitation if they were (1) in operation prior to July 1, 2024, (2) fully compliant with Ordinance 3577 and the city's 2023 moratorium, and (3) still under the same ownership as on July 1, 2024.
D.
Only one short-term rental license will be issued per owner, provided, however, that owners of short-term rental units are exempt from this limitation if they were (1) in operation prior to July 1, 2024, (2) fully compliant with Ordinance 3577 and the city's 2023 moratorium, and (3) still under the same ownership as on July 1, 2024.
E.
Each separate dwelling unit rented as a short-term rental must have its own license.
F.
Short-term rental owners and authorized agents must obtain and maintain liability insurance that satisfies the requirements of RCW 64.37.050. Proof will be required at application and renewals.
G.
Parking is required. On-site parking is preferred; however, if onsite parking is not available, the provisions of section 14.40.045.E must be utilized.
H.
Events by guests are not allowed at any type 2 short-term rental.
I.
Short-term rentals are not permitted in housing units subsidized through City programs, including, but not limited to, a fee waiver, NICE neighborhood funds, and the affordable housing sales tax fund.
J.
Short-term rentals are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.).
K.
All short-term rental owners must arrange for regular municipal garbage collection.
L.
The owner, authorized agent, operator, and/or local contact must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC.
M.
Short-term rentals must have the following items posted in a conspicuous place inside the residence:
1.
The license;
2.
The good neighbor policy per PAMC 17.23.090; and
3.
Emergency contact information, including the residence address.
N.
All short-term rentals must comply with the applicable federal, state, and local fire, building, and health codes.
O.
Licenses are not transferable or assignable. No short-term rental business license(s) will be issued to any entity in which a member, partner, director, officer, trustee, or any other form of owner, decisionmaker, or investor in that entity already possess a short-term rental business license under this chapter. For the provisions of this subsection, "LLC" means any entity, trust, or property ownership or leasing structure other than a natural person. Spouses and their marital community may only have one short-term rental business license. Licenses issued to an LLC must also include and be issued to the LLC governing member or owner. No transfer of the LLC governing member or owner is allowed. Any transfer of ownership, transfer to LLC, transfer to another location or structure is not allowed. Any such changes identified in this Code require a new license and payment of applicable fees.
P.
All short-term rentals must have a visible, legible address.
Q.
A type 1 Licensee may rent multiple rooms or spaces within their home under one short-term rental business license, even if those rooms are listed and rented separately on a platform.
(Ord. 3733, § 1, 8/20/2024; Ord. 3728 § 1(Exh. A), 3/5/2024)
(Reserved).
A.
The owner or the authorized agent must notify each adjacent and facing property owner of said property of the existence of the short-term rental business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies.
B.
A copy of all rules, restrictions, and conditions imposed on the short-term rental must be posted in a prominent location in the short-term rental.
C.
Noise concerns: The hours between 10:00 p.m. and 7:00 a.m. are designated "quiet time" so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.23.030, Disturbing the peace.
D.
Whenever the short-term rental is rented, the local contact must be available 24 hours per day, seven days per week, to accept and respond physically to the short-term rental within 60 minutes of receiving a call to address complaints concerning noise levels. Failure to respond to all verifiable complaints will result in violation.
E.
Property condition: The owner, guests, local contact, and/or authorized agent must keep the short-term rental property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property.
F.
The owner or authorized agent must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule.
G.
The owner or authorized agent must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.
H.
The guests must not block any driveways, streets, rights-of-way, or other public or private access routes.
I.
All guests, owners, authorized agents, and/or operators must comply with the City's Nuisance Code, Chapter 8.30 PAMC.
J.
The City will revoke a short-term rental business license upon the third violation within a 36-month period of this section by the licensee and their guests. Short-term rental business licenses revoked for violation of this section may not be renewed, and the owner may not apply for a short-term rental business license on any other property in the City for two years.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
An application for a short-term rental business license must be determined complete to reserve a business license spot. A complete application includes:
A.
A complete application for the City's short-term rental business license.
B.
A site plan to scale, of the property, showing the entire dwelling unit used for the short-term rental, all other structures, parking, entrance and exit locations, and other relevant information as required by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
C.
Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
D.
Proof of short-term rental liability insurance pursuant to RCW 64.37.050.
E.
Copy of the owner's State of Washington master business license.
F.
Payment of all fees as determined by the City's Master Fee Schedule upon the application being deemed complete.
G.
Any other information the Director deems reasonably necessary to administer this chapter.
H.
If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit.
I.
A signed copy of the good neighbor policy. This policy shall be posted at the site after City review and approval.
J.
If the application is to renew an existing short-term rental business license, the following is also required:
1.
A copy of the operating period's rental log, including the price per night per rental in the City, charged per guest, and the total price charged for each guest's stay.
2.
Documentation showing the lodging tax paid to the State of Washington for the previous year of operation.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Staff shall determine whether an application for a short-term rental business license is complete within 28 days after application submittal.
B.
Staff will determine capacity for a short-term rental. If there is no capacity for a short-term rental, the application will be denied and be offered a place on the waiting list.
C.
Procedures A and B listed above must be complete and meet this chapter's requirements before the City Inspector performs the inspection.
D.
If the building report review, checklist, or inspection results in any failed areas, the applicant must fix all required items, obtain any permits necessary to resolve any items, and finalize any required permits prior to issuance of a short-term rental license.
E.
If the inspection fails, or further correction or information is required for the City Inspector's report, the applicant will be charged a reinspection fee. This reinspection fee will be charged for each required subsequent review or reinspection until all items pass. The applicant is responsible for working with the Community and Economic Development Building Division to ensure a complete application and must have an approved building permit to proceed with any work.
F.
The City will only issue the short-term rental business license if the application meets all standards and passes all reviews and inspections.
G.
The short-term rental business license and associated conditions must be posted visibly for all guests.
H.
Water, sewer, power, adequate access from a public right-of-way, police, fire, and waste disposal must be available and adequate for the proposed short-term rental.
I.
The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include, but are not limited to, traffic volume and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service.
J.
The proposal must be compatible with the surrounding area aspects, including, but not limited to, landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
The Director is authorized to and will approve, deny, or approve with modifications or conditions, all short-term rental business licenses in writing in the form of a license or a denial letter. The Director must 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.
A.
Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner fees in the Master Fee Schedule.
B.
Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision.
C.
The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
A short-term rental business license will be issued for a set period of time, with its effective date running from the date of issuance. The applicant must submit the renewal application 60 days prior to the existing short-term rental business license's expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration.
B.
The short-term rental business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner will have to obtain a new license and comply with the regulations stated in this chapter to operate as a short-term rental. The short-term rental business license is not a vested transferable right.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person or platform to:
1.
Operate a short-term rental platform within Port Angeles without possessing a valid short-term rental platform business license issued pursuant to section PAMC 17.23.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number.
2.
Fail to require that any owner, authorized agent, or operator for a short-term rental using the platform, prior to providing booking services, possess a valid short-term rental business license issued by the City and include the business license number in any listing.
3.
Fail to post the business license number for all City of Port Angeles listings.
4.
Fail to remove any listing for short-term rentals within four business days after written notice of violation is provided by the City to the platform. Failure to remove the listing within four business days will result in penalties per this chapter.
5.
Misrepresent any material fact in an application for a platform business license or submit inaccurate information to the City when the City requests information from the platform pursuant to this chapter.
6.
Fail to comply with any requirements of this chapter applicable to short-term rental platforms.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person to:
1.
Offer or provide a dwelling unit, or portion thereof, for short-term rental use without possessing a valid short-term rental business license for that dwelling unit, or portion thereof, issued pursuant to this chapter.
2.
Offer a short-term rental of any type on a platform without possessing a valid short-term rental business license pursuant to this chapter.
3.
Utilize a platform that is not licensed by the City.
4.
Misrepresent any material fact in any short-term rental business license application or other information submitted to the City pursuant to this chapter.
5.
Fail to comply with any requirements of this chapter applicable to owners, authorized agents, or operators of a short-term rental.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines.
B.
Violations of this chapter are civil violations, and penalties for violations of this chapter may be imposed as follows:
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
Once a short-term rental business license has been issued, it cannot be transferred to another location, owner, authorized agent, and/or operator.
B.
The short-term rental platform business license will be valid for a period of one year only. The short-term rental platform must apply for a renewal at least 60 days before the current short-term rental platform business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
C.
The short-term rental business license shall be valid for a set period of time only. The owner, authorized agent, and/or operator must apply for a renewal at least 60 days before the current short-term rental business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
A.
The Director may immediately deny, revoke, or refuse to renew the short-term rental platform business license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this chapter.
B.
The Director may immediately deny, revoke, or refuse to renew the short-term rental business license of any owner, authorized agent, and/or operator for violating or failing to comply with any applicable provision or for any reason set forth in this chapter.
C.
No short-term rental business license or platform business license issued pursuant to this chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City's Community and Economic Development Department or the City's Code Enforcement Division.
D.
Appeals shall be submitted to the Director in writing within 15 days following the date of the decision.
E.
The Hearing Examiner shall conduct a hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner fees in the Master Fee Schedule.
(Ord. 3728 § 1(Exh. A), 3/5/2024)
The purpose of this chapter is to establish regulations for the operation of bed and breakfasts within the City of Port Angeles. This chapter does not apply to hotels, motels, and short-term rentals. This chapter also establishes a bed and breakfast business license permit program, platform-based enforcement provisions, and building fire life-safety inspection.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
(Reserved).
A.
The licenses required by this chapter prevail over other provisions of the PAMC that may relate to bed and breakfast licenses, as amended now or hereafter. In the event of a conflict between the provisions, the provisions in this chapter control.
B.
A bed and breakfast business license is required for all bed and breakfasts in the City.
C.
The Director is hereby authorized to implement, interpret, enforce, and make Director's determinations for any section of this chapter and any other applicable PAMC chapters. Director's determinations are intended to clarify and explain the PAMC requirements.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
It is unlawful to operate as a bed and breakfast platform within the City without a valid platform business license pursuant to this chapter.
B.
Platform business licenses are issued by the Director and may be obtained by filing an application to the City's Community and Economic Development Department.
C.
All platforms operating in the City of Port Angeles must comply with the following:
1.
Possess a valid platform business license issued pursuant to this chapter.
2.
Prior to providing booking services, require that all bed and breakfast operators using the bed and breakfast platform obtain a valid bed and breakfast business license through the City and include a business license number in any listing for a bed and breakfast on the platform.
3.
Remove any listings from the platform within four business days upon notification by the City that a bed and breakfast listed on the platform does not comply with the requirements of this chapter.
4.
Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year's operations:
a.
The total number of bed and breakfasts in the City listed on the platform during the applicable reporting period, and
b.
The total number of nights per bed and breakfast for all bed and breakfasts that were rented through the platform during the applicable reporting period.
5.
Inform all bed and breakfast operators who use the bed and breakfast platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the bed and breakfast platform does this on their behalf.
6.
Provide to the City a listing of all owners and bed and breakfast operators inside the City for which the platform provides booking services by February 1 of each year for the previous year's operations.
7.
Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this chapter in a manner consistent with state and federal law.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
All bed and breakfasts must comply with the following inspection requirements:
A.
All bed and breakfast owners or authorized agents must obtain a fire life-safety inspection and license from the State of Washington as a transient accommodation under Washington Administrative Code 246-360, and a license from the Clallam County Health Department as a food establishment under Washington Administrative Code 246-215.
B.
A copy of the approved State of Washington transient accommodation license and inspection report, and the Clallam County Health Department food establishment license and inspection report must both be provided to the City to apply for a City bed and breakfast business license.
(Ord. 3730 § 1(Exh. A), 7/16/24; Ord. 3728 § 2(Exh. B), 3/5/2024)
The following zoning, allowance, and use table requirements apply to all bed and breakfasts within the City.
Key to use the table:
A.
P(L) = "Permitted if Licensed". Bed and breakfasts are allowed with a bed and breakfast license.
B.
No = Prohibited Use.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
All bed and breakfasts must comply with the following standards:
A.
After July 1, 2024, no person may operate a bed and breakfast without obtaining and maintaining a bed and breakfast business license.
B.
Licensed bed and breakfasts must only use platforms licensed by the City. Licensees may alternatively direct book.
C.
Bed and breakfasts may provide breakfast, light snacks, or both to guests, and the facility and operator must meet applicable health and safety regulations, including, but not limited to, regulations of Clallam County Public Health and the Washington State Department of Health, which may require separate permits.
D.
The bed and breakfast operator or owner must remain onsite, while guests are present.
E.
A bed and breakfast with four or fewer guest rooms must provide parking spaces for the operator and one space per guest bedroom. Bed and breakfasts with more than four guest rooms must provide parking spaces for the operator, guests, and employees.
F.
Events by guests are allowed up to the occupancy limit that is determined by the number of bedrooms, the Clallam County Health Department, and/or the Liquor and Cannabis Board.
G.
Bed and breakfasts are not permitted in housing units subsidized through City programs, including, but not limited to, a fee waiver, NICE neighborhood funds, and the affordable housing sales tax fund.
H.
Bed and breakfasts are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.).
I.
All bed and breakfast owners must arrange for regular municipal garbage collection.
J.
The bed and breakfast operator must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC.
K.
Bed and breakfasts must have the following items posted conspicuously inside each guest room:
1.
The license;
2.
The good neighbor policy per PAMC 17.24.090; and
3.
Emergency contact information, including the residence address.
L.
All bed and breakfasts must comply with the applicable international, federal, state, and local fire, building, and health codes.
M.
All bed and breakfasts must have a visible, legible address.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
(Reserved).
A.
The bed and breakfast operator must notify each adjacent and facing property owner of said property of the existence of the bed and breakfast business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies.
B.
A copy of all rules, restrictions, and conditions imposed on the bed and breakfast must be posted in a prominent location in the bed and breakfast.
C.
Noise concerns: The hours between 10:00 p.m. and 7:00 a.m. are designated "quiet time" so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.24.030, Disturbing the peace.
D.
Property condition: The owner, guests, local contact, and/or authorized agent must keep the property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property.
E.
The bed and breakfast operator must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule.
F.
The bed and breakfast operator must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.
G.
The guests must not block any driveways, streets, rights-of-way, or other public or private access routes.
H.
All guests, owners, authorized agents, and/or operators must comply with the City's Nuisance Code, Chapter 8.30 PAMC.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
An application for a bed and breakfast business license must be determined complete. A complete application includes:
A.
A completed application form for the City's bed and breakfast business license.
B.
A site plan to scale, of the property, showing the entire dwelling unit used for the bed and breakfast, all other structures, parking, entrance and exit locations, and other relevant information as requested by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
C.
Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.
D.
The bed and breakfast operator must provide copies of approvals from the applicable state and local regulatory departments.
E.
Copy of the owner's State of Washington master business license.
F.
Payment of all fees as determined by the City's Master Fee Schedule upon the application being deemed complete.
G.
Any other information the Director deems reasonably necessary to administer this chapter.
H.
If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit.
I.
A signed copy of the good neighbor policy. This policy must be posted at the site after City review and approval.
J.
If the application is to renew an existing bed and breakfast business license, the following is required:
1.
A copy of the operating period's rental log, including the price per night charged per guest and the total price charged for each guest's stay.
2.
Documentation showing the lodging tax paid to the State of Washington for the previous year of operation.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Staff shall determine whether an application for a bed and breakfast business license is complete within 28 days after application submittal.
B.
Reserved.
C.
Reserved.
D.
The City will only issue the bed and breakfast business license if the application meets all standards and passes all reviews and inspections. The bed and breakfast business license and associated conditions must be posted visibly for all guests.
E.
Water, sewer, power, adequate access from a public right-of-way, police, fire and waste disposal must be available and adequate for the proposed bed and breakfast.
F.
The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include, but are not limited to, traffic volume and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service.
G.
The proposal must be compatible with the surrounding residential area aspects, including, but not limited to, landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure.
(Ord. 3730 § 1(Exh. A), 7/16/24; Ord. 3728 § 2(Exh. B), 3/5/2024)
The Director is authorized to and will approve, deny, or approve with modifications or conditions, all bed and breakfast business licenses in writing in the form of a license or a denial letter. The Director must 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.
A.
Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner fees in the Master Fee Schedule.
B.
Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision.
C.
The Hearing Examiner shall conduct a hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
A bed and breakfast business license will be issued for a set period of time, with its effective date running from the date of issuance. The applicant must submit the renewal application 60 days prior to the existing business license's expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration.
B.
The bed and breakfast business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner would have to obtain a new license and comply with the regulations stated in this chapter to operate as a bed and breakfast. The bed and breakfast business license is not a vested transferable right.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person or bed and breakfast platform to:
1.
Operate a bed and breakfast platform within Port Angeles without possessing a valid bed and breakfast platform business license issued pursuant to section 17.24.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number.
2.
Fail to require that any owner, authorized agent, or bed and breakfast operator using the bed and breakfast platform, prior to providing booking services, possess a valid bed and breakfast business license issued by the City and include the business license number in any listing.
3.
Fail to post the business license number for all City of Port Angeles listings.
4.
Fail to remove any listing for a bed and breakfast within four business days after written notice of violation is provided by the City to the bed and breakfast platform. Failure to remove the listing within four business days will result in penalties per this chapter.
5.
Misrepresent any material fact in an application for a bed and breakfast platform business license or submit inaccurate information to the City when the City requests information from the bed and breakfast platform pursuant to this chapter.
6.
Fail to comply with any requirements of this chapter applicable to bed and breakfast platforms.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Violations. It is a violation of this chapter for any person to:
1.
Offer or provide a dwelling unit, or portion thereof, for bed and breakfast use without possessing a valid bed and breakfast business license for that dwelling unit, or portion thereof, issued pursuant to this chapter.
2.
Offer a bed and breakfast on a bed and breakfast platform without possessing a valid bed and breakfast business license pursuant to this chapter.
3.
Utilize a platform that is not licensed by the City.
4.
Misrepresent any material fact in any bed and breakfast business license application or other information submitted to the City pursuant to this chapter.
5.
Fail to comply with any requirements of this chapter applicable to owners, authorized agents, or bed and breakfast operators of a bed and breakfast.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines.
B.
Violations of this chapter are civil violations, and penalties for violations of this chapter may be imposed as follows:
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
Once a bed and breakfast business license has been issued, it cannot be transferred to another location or bed and breakfast operator.
B.
The bed and breakfast platform business license will be valid for a period of one year only. The bed and breakfast platform must apply for a renewal at least 60 days before the current bed and breakfast platform business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
C.
The bed and breakfast business license will be valid for a set period of time only. The bed and breakfast operator must apply for a renewal at least 60 days before the current bed and breakfast business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
A.
The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business platform license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this chapter.
B.
The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business license of any bed and breakfast operator for violating or failing to comply with any applicable provision or for any reason set forth in this chapter.
C.
No bed and breakfast business license or platform business license issued pursuant to this chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City's Community and Economic Development Department or the City's Code Enforcement Division.
D.
Appeals shall be submitted to the Director in writing within 15 days following the date of the decision.
E.
The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner fees in the Master Fee Schedule.
(Ord. 3728 § 2(Exh. B), 3/5/2024)
This is a commercial zone intended to create and preserve areas for businesses serving the entire region and needing an arterial location because of the nature of the business, intensity of traffic generated, or a demand for large land areas by the business. These types of commercial uses provide a multiplicity of goods and services in a single location and therefore require large areas for the building and parking. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. Such uses do not follow the basic land use pattern of the of the traditional townsite and are not typically pedestrian oriented. This zone offers vehicular access from major transportation corridors.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
General commercial uses:
1.
Artisan manufacturing.
2.
Auto supply stores, service stations, self-service gas islands, car wash facilities, and tire shops.
3.
Building material stores, cabinet shops, glass stores, hardware stores, lumber yards, paint stores, and plumbing supply stores.
4.
Businesses selling medical supplies, goods, instruments, medicine and similar items.
5.
Reserved.
6.
Farm equipment stores, garden supply stores, nurseries.
7.
Food and beverage establishments, such as cocktail lounges, cafes, cafeterias, drive-in restaurants, restaurants, take-out lunch stands, and taverns; provided that drive-in restaurants, restaurants with cocktail lounges, and taverns, that have direct customer access to an alley abutting residentially zoned property, shall be conditional uses.
8.
Food item retail sales outlets, such as bakery shops, candy and ice cream stores, delicatessens, fruit and vegetable stands, grocery stores, liquor stores, meat and fish markets, including frozen or cold storage food lockers and supermarkets.
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.
Dealerships of new and used automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, boats, including related sales, leasing, renting, and servicing.
13.
Specialty shops, such as gift, florist, hobby, antique, candy, ice cream, movie rental, bicycle, book, computer, toy, and retail pet stores.
14.
Shopping centers.
B.
Services:
1.
Art galleries, museums and aquariums.
2.
Business colleges, trade schools, and personal instruction such as music, art, and dance schools.
3.
Business parks and professional offices.
4.
Business services offices, such as accounting, tax, employment, and management consulting services.
5.
Cemeteries.
6.
Chemical dependency treatment and detoxification centers.
7.
Child daycares.
8.
Commercial recreation establishments and entertainment services, such as bowling alleys, theaters (movie and others), skating rinks, driving ranges, putt-putt golf courses, climbing walls and arcades.
9.
Community center.
10.
Conference centers.
11.
Equipment rental stores.
12.
Financial services offices, such as banks, financial institutions, insurance and real estate services offices.
13.
Frozen food or cold storage lockers.
14.
Funeral homes and mortuaries.
15.
Laundries, commercial and self-service, dry cleaning shops, and tailor shops.
16.
Libraries.
17.
Medical/dental offices and clinics and laboratories.
18.
Personal services facilities, such as barber and beauty shops, exercise and reducing studios, and travel agencies.
19.
Printing, blueprinting, photo developing and reproduction, and sign shops.
20.
Public parks and recreation facilities.
21.
Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services.
22.
Veterinary offices, clinics and kennels.
C.
Institutional:
1.
Social clubs, lodges and fraternal organizations.
2.
Schools (community centers).
D.
Residential:
1.
Apartments. When located on the second or subsequent floor of a building, or basement floor, or located on the ground floor within a detached accessory structure that is on a lot with principal nonresidential uses in operation.
2.
Apartment buildings.
3.
Multi-family housing.
E.
Transportation and communication:
1.
Conference centers and auditoriums.
2.
Airplane and helicopter facilities.
3.
Mass transit terminals.
4.
Parcel delivery service terminals.
5.
Radio stations, TV stations and newspaper buildings.
6.
Vehicular services buildings, such as ambulance service, automotive and truck rentals, and vehicle maintenance and repair shops, not including auto body and paint shops.
F.
Wholesale:
1.
Storage services buildings, such as frozen food and cold storage lockers, mini-warehouses, transfer, moving and storage facilities.
2.
Warehouse buildings and yards.
3.
Wholesale stores.
(Ord. 3728 § 13(Exh. C), 3/5/2024; Ord. 3643 § 4, 11/6/2019; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 16, 1/5/2016; Ord. 3390 § 9, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
Auto body and paint shops.
B.
Drive-in restaurants, restaurants with cocktail lounges and taverns that have direct customer access to an alley abutting residentially zoned property.
C.
Fire stations.
D.
Licensed impound yards.
E.
Massage parlors, saunas and steam baths, as primary use.
F.
Off-premises outdoor advertising signs.
G.
Off-street business parking structures and lots.
H.
Recreational vehicles, vacation trailers, and campers courts and parks.
I.
Salvage and recycling buildings.
J.
Social service agency buildings providing 24-hour residential care.
K.
Utility buildings and structures.
L.
Other uses compatible with the intent of this chapter.
(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
The following area and dimensional requirements apply to all CR zones:
1
A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located.
(Ord. 3577 § 1, 3/21/2017; Ord. 3572 § 13, 12/20/2016; Ord. 3548 § 16, 1/5/2016; Ord. 3332 § 7, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
See Chapter 14.40 PAMC.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
All outdoor storage areas except sanitation receptacles associated with mechanized collection shall be screened from view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height.
B.
All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-commercial property.
C.
A five-foot sidewalk accompanied by a minimum five-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
D.
A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained.
E.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
F.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 13, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The purpose of the mobile and itinerant vendor code is to provide clear guidelines for vendors to operate within the City of Port Angeles. This chapter ensures vendors know where and how they can set up and maintains high standards for health and safety.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Lemonade stand. Operating 30 or fewer days per calendar year, used by a person under the age of 18 for the sale of nonalcoholic beverages, such as lemonade, using non-time/temperature control for safety food with no direct hand contact and served directly into single service. See WAC 246-215-01115 for the full definition. Lemonade stands are exempt from all mobile and itinerant permitting requirements.
B.
Itinerant vendor. An itinerant vendor is a business that travels from place to place to sell products or services, often setting up temporary stands or booths in an outdoor setting.
1.
Major itinerant vendor. A vendor selling goods and services five days or more in a calendar year.
2.
Minor itinerant vendor. A vendor selling goods or services four days or less in a calendar year; or providing a free service.
C.
Site plan review.
1.
Major site plan review. Sites within residential zones or more than one vendor within non-residentially zoned property.
2.
Minor site plan review. Sites are limited to one vendor on a non-residentially zoned property.
D.
Mobile vendor. A mobile vendor is a business that operates from a vehicle, trailer, bicycle, or cart and moves to different locations to sell goods or services in an outdoor setting.
1.
Major mobile vendor. A vendor selling goods and services five days or more in a calendar year.
2.
Minor mobile vendor. A vendor selling goods or services four days or less in a calendar year; or providing a free service.
E.
Permanent set-up. A permanent setup is a fixed, stable structure or designated area from which a vendor operates consistently over a long-term. Characteristics include, but not limited to:
1.
A vending unit that is not moved or dismantled daily.
2.
Includes utilities such as electricity, water, or even limited plumbing.
F.
Semi-permanent set-up. A semi-permanent is designed to be relatively easy to dismantle and move. Characteristics include, but not limited to:
1.
Vending unit that moves or is dismantled at the end of the approved business hours and/or event.
2.
The structure is typically portable and does not involve complex installations like heavy-duty plumbing or electricity.
G.
R.O.W. right-of-way. See PAMC 17.08.090.
H.
Vendor hosting. A property owner hosting regulatory vendor permit holders in permanent or semi-permanent format.
I.
Vending unit. A unit consisting of one mobile or itinerant vendor.
(Ord. 3745 § 2(Att. B), 2/4/2025)
For mobile and itinerant vendors, there are two different project permit requirements:
(Ord. 3745 § 2(Att. B), 2/4/2025)
Regulatory mobile or itinerant vendor permits will be issued in accordance with the process stated in PAMC 5.04.060. All vendors require a regulatory mobile or itinerant vendor permit prior to operating in the City of Port Angeles. Vendors must have a regulatory mobile, or itinerant vendor permits to operate on approved hosting sites.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
A complete application must contain:
1.
The name, address, and telephone number of the applicant and the contact person;
2.
Business license number, address, and contact information;
3.
Application narrative detailing:
i.
Proposed area of operation and compliance with requirements for pedestrian clearance and accessibility;
ii.
Dates and hours of operation;
iii.
Disposal of waste and grey water plan (if applicable);
iv.
Access to water plan (if applicable);
v.
Other information requested by the City may be deemed necessary to adequately consider and address impacts to the right-of-way and adjacent properties.
4.
Signed approval from Clallam County Health Department (if applicable).
5.
Signed approval from the Department of Labor and Industries (if applicable).
6.
Signage plan: A-frame and attached signs to the vending unit are exempt from review and additional fees.
B.
If the proposal uses the public right-of-way, the City Transportation Engineer must conduct an additional review.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
General requirements:
1.
Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
2.
Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
3.
Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
4.
Complies with L&I and the Clallam County health requirements.
5.
Has obtained and has not been denied other applicable project permit requirements.
6.
Holds an active business license from the Washington State Department of Revenue.
7.
Does not conflict with the underlying purpose and intent of the zoning district in which it is located.
B.
Signage and advertising:
1.
A-frame and attached signs to the vending unit are exempt from review and additional fees.
C.
Display of approval:
1.
All approvals will be prominently displayed on all carts, vehicles, or locations from which a mobile vendor operates.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
The City may condition the issuance of a project permit by imposing reasonable requirements concerning the activity's time, place, and manner as necessary to protect the safety and/or convenience of persons and property and the control of traffic. The City will issue the required conditions in writing to the applicant. Conditions may include, but are not limited to:
1.
The provision of insurance per PAMC 11.12.140.B;
2.
Proper disposal of refuse or debris, waste, and/or clean-up of spills;
3.
Adjusted operating hours;
4.
Elimination of an on-site activity that cannot be mitigated to a point as to ensure public safety and welfare or which possesses an unacceptable level of risk to the City;
5.
Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including restricting the activity to only a portion of a public place;
6.
Reduction of noise and odors, including, but not limited to, those resulting from amplified music, generators, or cooking of food;
7.
Storage of materials within the public right-of-way;
8.
Securing objects within the right-of-way;
9.
Compliance with any relevant ordinance or law and obtaining any legally required permit(s) or license(s);
10.
Compliance with allowable permitted uses in the underlying zone;
11.
Any other restriction or requirement deemed necessary to ensure public convenience, health, safety, and welfare;
12.
All persons conducting a vendor business will obey any order of a police officer to temporarily move such vending stand to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic;
13.
Vending units will not be locked or chained to street furniture or trees;
14.
All vending units will have one 2A10BC fire extinguisher mounted on the cart.
(Ord. 3745 § 2(Att. B), 2/4/2025)
The Director will have the authority to place appropriate limitations and conditions on any mobile and itinerant vendors to ensure that all operations are consistent with the ordinances, plans, and policies of the City of Port Angeles.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Initial approval. The term of each project permit issued under this chapter is at the discretion of the Community and Economic Development Department and is to be a maximum of one year, subject to renewal.
B.
Renewal approval term(s). Project permits issued under this chapter may be renewed for successive terms upon application by the permit holder and payment of the applicable renewal fee, provided that all conditions of the original permit are currently being met. Renewal will be valid for one year or otherwise.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A site plan review for mobile and itinerant vendors is intended to ensure that vending unit operations comply with regulatory standards and minimize any potential negative impact on the surrounding community. Site plan reviews for mobile and itinerant vendors are applicable when:
A.
Permanent or semi-permanent setup.
B.
Proximity to sensitive areas.
C.
New or unusual structures.
D.
Impact on environmental resources.
E.
Utility and waste management needs.
F.
Changes in site use or expansion.
G.
Compliance with local business regulations.
H.
Operational impact on local infrastructure.
Parking lot activities that fall under vendor hosting and will only be for a period not to exceed seven consecutive days for private businesses and 14 consecutive days for private non-profit and charitable organizations within a one-calendar-year period are exempt from site plan reviews and must adhere to Chapter 14.40 PAMC.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
An application in a format as established by the City will contain the following:
1.
Applicant and property information:
a.
Name, mailing address, and telephone number;
b.
Project detail (this includes permanent or semi-permanent setup preference);
c.
Zoning classification;
d.
Property size;
e.
Fencing plan (if applicable);
f.
Landscaping plan (major site plan review only);
g.
Noise mitigation plan (major site plan review only);
h.
Other information requested by the City that may be deemed necessary to adequately consider and address impacts to the right-of-way and adjacent properties.
2.
Project phases: Provide a description and schedule for the project phases (if applicable).
a.
Proposed site plan elements (may be combined into one plan) structural plan (if applicable). Submit a plan with elevations and specifications for the type, color, and texture of exterior surfaces of proposed structures.
b.
Sign plan (if applicable). Provide a scale drawing of the sign plan showing the location(s), size, design, material, color, and illumination method for all exterior signs, both temporary. A-frame and attached signs to the vending unit are exempt from review and additional fees.
c.
Lighting plan. Include any proposed lighting plan.
d.
Noise and environmental control.
i.
Present a plan to manage and control noise, dust, dirt, heat, glare, vibration, odors, and toxic gases.
e.
Waste, garbage, and greywater disposal locations.
f.
Restroom facility access. Unless specifically prohibited by the Clallam County Health Department, the host may utilize a public restroom facility located within 1,000 feet of the proposed location as a permissible alternative to an on-site restroom facility.
g.
Water access plan.
h.
Natural features. Scale map of natural features such as ravines, slopes greater than 35 percent, critical areas and their buffers, and shorelines with the ordinary high-water mark.
i.
Location of driveways and circulation. Layout of driveways, pedestrian walks, curbs, gutters, street paving, fire hydrants, on-site water sources, and sewage disposal systems.
j.
Structures. Location(s), size(s), height, and gross floor area for all existing and proposed structures or improvements.
k.
Stormwater systems (if applicable). Nature and location of temporary and permanent stormwater systems.
l.
Traffic and parking. Locations of entrances and exits, traffic flow, parking spaces, loading berths, vehicle maneuvering areas, and their relationship with adjacent properties.
m.
Site area details. Approximate number of square feet in paved or impervious surfaces, open spaces, wetlands, and steep-unstable slopes; total area of the site.
3.
Site plan elements: A professionally prepared plan is not required. The plan may be hand-drawn to scale. The plan may be, but is not required to be, computer-generated:
a.
Boundaries and dimensions. Show the location and approximate dimensions of land boundaries proposed for development.
b.
Contiguous property. Indicate all contiguous property owned by the applicant.
c.
Easements and rights-of-way. Approximate location, width, and name of recorded easements and rights-of-way, including public service or utilities.
d.
Natural features. Scale map of natural features such as ravines, slopes greater than 35 percent, critical areas and their buffers, and shorelines with the ordinary high-water mark.
e.
Location of driveways, sidewalk, and utilities. Layout of driveways, pedestrian walks, curbs, gutters, street paving, fire hydrants, on-site water sources, electrical, and sewage disposal systems.
f.
Existing structures. Location(s), size(s), height, and gross floor area for all existing and proposed structures or improvements.
g.
Stormwater systems (if applicable). Nature and location of temporary and permanent stormwater systems.
h.
Traffic and parking. Locations of entrances and exits, traffic flow, parking spaces, loading berths, vehicle maneuvering areas, and their relationship with adjacent properties.
i.
Site area details. Approximate number of square feet in paved or impervious surfaces, open spaces, wetlands, and steep-unstable slopes; the total area of the site.
4.
Site plan title block:
a.
Name, address, and telephone number;
b.
Include the applicant's contact details;
c.
Date of drawing;
d.
Date the drawing was created;
e.
Legend;
f.
Site address or tax assessor parcel number;
g.
Total approximate area of the site and each parcel or lot;
h.
North arrow;
i.
Scale (not larger than 1″ = 20′ or smaller than 1″ = 200′).
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Preliminary review. The application will be checked to ensure it is complete and follows submission guidelines.
B.
Regulatory evaluation. The application will be assessed to ensure it meets all laws, regulations, and standards.
1.
The project's design and planning must be suitable for its location, zoning, and existing uses.
2.
The project must meet this chapter and other relevant codes.
3.
Existing streets, public facilities, and services must be able to support the new or additional land use.
4.
Collaboration with other departments and jurisdictions will occur to gather input and ensure a thorough review.
5.
Notification requirements. Inform the public about pending applications, especially for significant projects.
6.
Major site plan reviews will be processed as a Type II project permit per Chapter 18.02 PAMC.
C.
Minor mobile or itinerant vendor hosting site plan review.
1.
General requirements:
a.
The proposal does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
b.
The proposal does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
c.
The proposal does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
d.
The proposal complies with L&I and the Clallam County health requirements;
e.
The proposal has obtained or has been denied other applicable project permit requirements;
f.
The proposal holds an active business license from the Washington State Department of Revenue; and
g.
The proposal does not conflict with the underlying purpose and intent of the zoning district in which it is located.
2.
Design and location must adhere to the following standards (if applicable):
a.
The proposal does not include work within environmentally sensitive areas, shorelines, and wetlands or their buffers as designated and regulated by Title 15 Environment PAMC;
b.
Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
c.
Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
d.
Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
e.
Complies with L&I and the Clallam County health requirements;
f.
Has obtained and has not been denied other applicable project permit requirements;
g.
Holds an active business license from the Washington State Department of Revenue;
h.
Does not conflict with the underlying purpose and intent of the zoning district in which it is located;
i.
Lighting. The proposal ensures lighting complies with the requirements of PAMC Chapter 17.22.260;
j.
Signage and advertising. The proposal ensures the size, location, design, color, texture, lighting, and materials of all exterior signs and outdoor advertising features are harmonious with existing and proposed buildings and surrounding properties.
D.
Major mobile or itinerant vendor hosting site plan review.
1.
General requirements:
a.
The proposal does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
b.
The proposal does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
c.
The proposal does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
d.
The proposal complies with L&I and the Clallam County health requirements;
e.
The proposal has obtained or has been denied other applicable project permit requirements;
f.
The proposal holds an active business license from the Washington State Department of Revenue;
g.
The proposal does not conflict with the underlying purpose and intent of the zoning district in which it is located;
h.
Applicant has provided an acceptable landscaping and fencing plan;
i.
Applicant has provided an acceptable noise mitigation plan;
j.
Application has been publicly noticed and required public comment period.
2.
Design and location must adhere to the following standards (if applicable):
a.
The proposal does not include work within environmentally sensitive areas, shorelines, and wetlands or their buffers as designated and regulated by Title 15 Environment PAMC;
b.
Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;
c.
Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;
d.
Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;
e.
Complies with L&I and the Clallam County health requirements;
f.
Has obtained and has not been denied other applicable project permit requirements;
g.
Holds an active business license from the Washington State Department of Revenue;
h.
Does not conflict with the underlying purpose and intent of the zoning district in which it is located;
i.
Lighting. The proposal ensures lighting complies with the requirements of PAMC Chapter 17.22.260;
j.
Signage and advertising. The proposal ensures the size, location, design, color, texture, lighting, and materials of all exterior signs and outdoor advertising features are harmonious with existing and proposed buildings and surrounding properties.
(Ord. 3745 § 2(Att. B), 2/4/2025)
Upon approval of a site plan, the approving authority will affix their signature(s) in an appropriate place on the site plan, along with a brief statement that approval of the site plan has been granted referencing conditions for approval and the date approved.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
The city may condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the activity as necessary to protect the safety and convenience of persons and property and the control of traffic. The City will issue the required conditions in writing to the applicant. Conditions may include, but are not limited to, requirements for:
1.
Signage and advertising. A-frame and attached signs to the vending unit are exempt from review and additional fees;
2.
Display of approval. All approvals will be prominently displayed on all carts, vehicles, or locations from which a mobile vendor operates;
3.
The provision of insurance per PAMC 11.12.140.B;
4.
Proper disposal of refuse or debris, waste, and/or clean-up of spills;
5.
Adjusted operating hours;
6.
Elimination of an activity that cannot be mitigated to a point as to ensure public safety and welfare or which possesses an unacceptable level of risk to the City;
7.
Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including restricting the activity to only a portion of a public place;
8.
Reduction of noise and odors, including, but not limited to, those resulting from amplified music, generators, or cooking of food;
9.
Storage of materials within the public right-of-way;
10.
Securing objects within the right-of-way;
11.
Compliance with any relevant ordinance or law and obtaining any legally required permit(s) or license(s);
12.
Compliance with allowable permitted uses in the underlying zone;
13.
Any other restriction or requirement deemed necessary to ensure public convenience, health, safety, and welfare;
14.
All vending units must display their approved and active vending unit permit;
15.
Fencing for properties adjacent or across an alley from a residential use;
16.
All persons conducting a vendor business will obey any order of a police officer to temporarily move such vending unit to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic;
17.
Vending units will not be locked or chained to street furniture or trees;
18.
All vending units will have one 2A10BC fire extinguisher mounted on the cart.
(Ord. 3745 § 2(Att. B), 2/4/2025)
The approving authority may impose limitations and conditions on a site plan to ensure compliance with the City of Port Angeles's ordinances, plans, policies, and reviewing department recommendations.
(Ord. 3745 § 2(Att. B), 2/4/2025)
An approved site plan may be amended using the same procedures provided under this chapter for original site plan approval. For purposes of this chapter, the amendment will include changes in building layout, type or size, modifications or conditions of approval, and changes in approved uses; provided that changes that comply with all previously imposed conditions of approval will not require a site plan amendment unless alterations in building layout, open space, circulation, project phasing, building type or size are proposed which may generate environmental impacts not considered in the previous site plan approval.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Initial approval term(s). Site plan approval is valid for five years, contingent on compliance with conditions, phasing schedules, and obtaining applicable permits. Approvals lapse if permits are unused, construction is not initiated, or conditions are unmet within this period. If the permit or permits are not used or work is not initiated within said time and carried on diligently in accordance with the conditions imposed by the City pursuant to site plan approval, or should the approved phasing schedule not be completed, the site plan will become null and void and any approval, permit, or conditions granted thereby will be deemed to have lapsed. Site plan reviews will require renewal when the scope originally approved changes or after five years.
B.
Renewal approval term(s). Project permits issued under this chapter may be renewed by the permit holder and payment of the applicable renewal fee, provided that all conditions of the original permit are currently being met. Renewal will be valid for five years or otherwise, as stated by the director.
(Ord. 3745 § 2(Att. B), 2/4/2025)
Permit issued pursuant to this chapter may be revoked, in writing, at the discretion of the Director of Community Development for the following:
A.
Any fraud, misrepresentation, or false or misleading statement contained in the application for license;
B.
Any fraud, misrepresentation, or false or misleading statement made in connection with the selling of products;
C.
Any violation of this chapter;
D.
Violations of the conditions or approval;
E.
Engaging in or allowing a pattern of criminal conduct in, near, or associated with the mobile vendor or vendor site; or
F.
Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation, order to cease, and/or any notice of daily fines.
B.
Violations of this chapter are civil violations and penalties for violations of this chapter may be imposed as follows:
(Ord. 3745 § 2(Att. B), 2/4/2025)
A.
The Director is authorized to approve, deny, or approve with modifications or conditions all mobile and itinerant vendor applications in writing, either as a permit or a denial letter. The Director must attach conditions as necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this chapter.
B.
The Director may modify or waive specific standards to accommodate unique site features, ensure compatibility with surrounding land uses, or account for the scale and impact of a project requiring only administrative site plan approval. However, any discretion to modify standards must be guided by clearly stated objective criteria to ensure fairness, transparency, and consistency in decision-making.
C.
These criteria are supplementary to applicable state and county laws or ordinances.
(Ord. 3745 § 2(Att. B), 2/4/2025)
Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision. The Hearing Examiner will conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision will be final unless appealed to Clallam County Superior Court. See "Hearing Examiner Fees" in the Master Fee Schedule subjected appeal fees.
(Ord. 3745 § 2(Att. B), 2/4/2025)
This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses in a planned, park-like setting. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial, and industrial uses typically involve the need for a large campus-like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for a variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street, design standards for high density, pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development, and support for private parking and business improvements.
(Ord. 3123 § 17, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995)
A.
Manufacturing buildings for:
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.
Microbreweries.
8.
Assembly of mobile and modular homes and home components.
9.
Research and development laboratory buildings.
10.
Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components.
B.
Retail:
1.
Adult entertainment businesses.
2.
Auto service stations.
3.
Cocktail lounges and taverns.
4.
Restaurants and cafes.
5.
Retail establishments accessory to building materials, electrical, and plumbing supplies.
C.
Wholesale distribution:
1.
Warehouse buildings.
2.
Wholesale stores.
D.
Services:
1.
Art galleries and museums.
2.
Building maintenance and janitorial services buildings.
3.
Business colleges and trade schools.
4.
Business and professional offices.
5.
Business services offices, such as accounting, tax employment, management consulting, and printing services.
6.
Financial services offices, such as bail bond stores, banks, financial institutions, insurance companies, real estate services, stock brokerages, and title companies.
7.
Governmental and social service agency offices.
8.
Self-service laundry buildings and tailor shops.
9.
Libraries.
10.
Medical/dental offices and clinics and laboratories.
11.
Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, and travel agencies.
12.
Public parks and recreation facilities.
E.
Institutional:
1.
Clubs and lodges.
F.
Transportation and communication:
1.
Airports, airport terminals, and related facilities.
2.
Mass transit terminals.
3.
Off-street parking structures and lots.
4.
Parcel delivery service buildings.
5.
Printing, publishing, and book-binding buildings.
6.
Vehicular services facilities, such as automotive and truck rentals.
7.
Utility buildings and structures.
(Ord. 3059 § 4 (part), 7/28/2000; Ord. 2861 § 1 (part), 3/17/1995)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 2921 § 13, 6/28/1996; Ord. 2861 § 1 (part), 3/17/1995)
A.
Distribution buildings for food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products.
B.
Fire stations.
C.
Freight company terminals.
D.
Furnishing repair shops, such as upholstering reupholstering shops.
E.
Household moving and storage buildings.
F.
Machinery maintenance and repair shops.
G.
Manufacturing buildings for specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops, and machine shops.
H.
Off-street parking structures and lots.
I.
Pharmaceutical and drug products buildings.
J.
Plastic and other synthetic products buildings.
K.
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.
L.
Radio towers exceeding 35 feet.
M.
Repair services shops, such as appliance repair, shoe repair, and TV and stereo repair services.
N.
Social service agency buildings providing 24-hour residential care, where:
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.
O.
Storage buildings and maintenance shops for builders, contractors, and governmental agencies.
P.
Vehicle maintenance and repair shops, gasoline service islands.
Q.
Veterinary clinics, offices, and kennels.
R.
Other office, commercial, and industrial uses compatible with the intent of this chapter.
(Ord. 2861 § 1 (part), 3/17/1995)
A.
Minimum lot area: 7,000 square feet.
B.
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. 2861 § 1 (part), 3/17/1995)
(See Chapter 14.40 PAMC.)
(Ord. 2861 § 1 (part), 3/17/1995)
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 six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of six feet mature height within three years of the planting date; except that approved vehicle driveway openings shall not be obstructed. Vegetation within LID facilities may count towards this requirement. LID features encouraged to be located as to help provide separation between industrial and residential commercial uses.
D.
Trees shall be provided for the parking lot such that the tree canopy covers at least 20 percent of the total parking lot area after a period of five years, 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. 3572 § 14, 12/20/2016; Ord. 2861 § 1 (part), 3/17/1995)
This overlay zone is to provide alternative zoning regulations in industrial zones that permit and encourage design flexibility, conservation and protection of natural amenities, critical areas, and innovation in developments to those regulations found in the underlying zone. It is intended that a planned industrial development (PID) may result in a mixed use environment of higher quality than traditional single use industrial development by use of a design process that includes within the site design all the components of a mixed use neighborhood, such as open space, circulation, building types, a variety of uses, and natural features, in a manner consonant with the public health, safety and welfare. By providing an opportunity to develop or redevelop industrial zoned sites to incorporate mixed residential, commercial and light industrial uses together on the same site, open space amenities, convenient access to commercial needs and work opportunities, and efficient residential densities can be provided. A PID is not intended to provide areas exclusively for residential or commercial use in place of and to the exclusion of other uses allowed in the underlying industrial zone.
It is also intended that a PID 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 open space, commercial and residential uses that are not permitted in traditional industrial zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes.
Few heavy industrial uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with heavy industrial uses. This overlay zone provides for the opportunity to create self-contained mixed use neighborhoods with a variety of housing, commercial, and employment choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually permitted in industrial zones. These types of office, commercial, residential, and light industrial uses typically involve the need for a large campus-like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products, automobile dealerships and other land intensive uses, entertainment businesses with adult-only activities, and a variety of manufacturing, maintenance, and repair shops using hazardous materials are prohibited uses.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
PIDs may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all industrial zones that do not allow residential uses and may include land that is zoned PBP. A PID shall contain a minimum of one acre.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Residential uses allowed in the RHD Zone (PAMC 17.15.020) are allowed within a PID of less than 3.44 acres; provided that, for purposes of this chapter a single-family residence may be attached to another dwelling by common walls.
A.
Adult family homes.
B.
Multi-family dwellings, apartments, duplexes, dormitories, accessory residential units.
C.
Single-family residences.
(Ord. 3548 § 17, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The approval of a PID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located, subject to the limitations of this chapter. No approval shall include a modification, variance or waiver of the setback areas required by the underlying zones along the exterior property lines of the PID, or modification or waiver of the requirements of PAMC Title 15 Environmentally Sensitive Areas Protection, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The following standards shall apply to all Planned Industrial 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. Streets intended to be public must meet the minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual.
B.
All PIDs that include residential uses shall devote at least 30 percent 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 PID. LID facilities may count towards the common usable open space not required for recreational purposes. Street rights-of-way, driveways, parking lots, environmentally sensitive areas, 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 PIDs that include residential uses and provide common open spaces, recreation facilities, private roads, utilities, parking areas or other similar developments within the boundaries of the PID shall provide for continuous and perpetual maintenance of those common amenities of the PID in form and manner acceptable to the City.
D.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PID may be sold to separate owners according to the separate lots as shown in the recorded plat that is approved in connection therewith. Development of all lots within the platted PID shall be as shown in the approved PID. No further subdivision of land within the PID will be permitted unless a formal amendment to the PID is approved.
E.
Conditional use permits shall be required of all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). No further conditional use permits, except home occupations, will be permitted within the PID unless a formal amendment to the PID is approved.
F.
For any underlying land use regulatory process that is consolidated through the PID 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 PID.
G.
To encourage design flexibility, conservation of natural amenities, and innovations that result in a higher quality environment than traditional development, site planning and architectural review that address the following criteria are required of all development in the PID. Where applicable, the design of a PID that includes residential uses 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 PIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3572 § 15, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Every PID shall be allowed the density of the underlying zone or zones in which the site is located on the portions of the site exclusive of environmentally sensitive areas. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per section 15.20.070.F and section 15.24.070.F.
(Ord. 3272, 2/16/2007)
The procedure for approval of a PID shall be composed of three steps:
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted after all conditions of preliminary approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval.
(Ord. 3742 § 5(Att. E), 12/17/2024; Ord. 3548 § 17, 1/5/2016; Ord. 3272, 2/16/2007)
Editor's note— Ord. 3742 § 5(Att. E), adopted Dec. 17, 2024, repealed § 17.31.080 entitled "Pre-application review," which derived from Ord. 3272, adopted Feb. 16, 2007.
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 residential or commercial uses, that 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 six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. LID features encouraged to be located as to help provide separation between industrial and residential commercial uses.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
(Ord. 3572 § 15, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The application for a PID shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;
B.
A narrative explaining the proposed use or uses of the land and building, including, but not limited to, 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; types of commercial structures and required parking; and an explanation of any covenants, continuous maintenance provisions, and/or homeowners association for the project;
C.
A survey of the property showing existing features, including, but not limited to, total site area, contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas and existing land uses;
D.
If the site has been previously used as an industrial site where petroleum products, pesticides, or other hazardous chemicals or products were used or stored, a soil survey indicating the location and amounts of pollution on the site. When hazardous levels of pollutants are found, a clean-up or remediation plan is required;
E.
A vegetation survey of the property by either: (a) an aerial photograph of the property in a scale acceptable to the City that identifies significant groupings of trees and unusual or fine specimens of their species; or (b) a survey of all trees over 12 inches in trunk diameter measured at four feet above the ground; as determined by DCED, 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 that are unusual or fine specimens of their species.
4.
In general wooded areas where minor improvements are proposed, a survey of trees over 12 inches in trunk diameter measured at four feet above the ground will be required to a reasonable distance around the improvements.
F.
Preliminary site plans and calculations including, but not limited to:
1.
Existing and proposed contours at five-foot intervals,
2.
Location and principal dimensions of buildings,
3.
Total footprint area of buildings,
4.
Size and location of open space areas,
5.
Size and location of environmentally sensitive areas,
6.
Size and location of recreation areas,
7.
Size and location of paved areas using permeable paving systems,
8.
Landscape areas,
9.
Subdivision platting and general arrangement of lots,
10.
Density of project expressed as residential units per acre.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC;
H.
If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria for environmentally sensitive areas of section 15.20.070, and for wetland buffer areas of section 15.24.070;
I.
Preliminary elevation and perspective drawings of project structures;
J.
A preliminary utilities plan, including fire hydrant locations;
K.
A preliminary storm drainage plan with calculation of impervious areas;
L.
A parking 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;
M.
A phasing plan if the project is designed to be completed in phases.
(Ord. 3742 § 5(Att. E), 12/17/2024; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The Hearing Examiner's decision on a PID shall be approval, denial, or approval with modifications or conditions in written form based upon compliance with section 17.31.050 and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
B.
The proposed development will, through the improved utilization of open space, natural topography, densities, landscaping and integrated circulation systems, create a mixed use environment of higher quality than that normally achieved by traditional development.
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.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
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. 3742 § 5(Att. E), 12/17/2024; Ord. 3548 § 17, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
Editor's note— Ord. 3548 § 17, adopted Jan. 5, 2016, deleted § 17.31.170 entitled "City Council action—Preliminary development plans", which derived from: Ord. 3272, adopted Feb. 16, 2007; and Ord. 3180 § 1 (part), adopted Dec. 17, 2004.
Application for final approval of a PID shall be submitted within two years of development plan approval; provided that for phased PID's each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to Community and Economic Development Department, and the Community and Economic Development Director may approve, one or more one-year extensions as deemed appropriate. The site must be under one ownership prior to final approval, and the application for final approval must be made by the owners of the entire site. The application shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the PID is developed.
B.
Guarantee ensuring the retention and continued maintenance of common open space, recreation facilities, environmentally sensitive areas, stormwater management structures and facilities, and recreation structures. If development is to be done in phases, each phase must meet the requirements of this section.
C.
Final development plans, that shall be in compliance with the approved preliminary development plans.
D.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
E.
Development schedule for future phases.
F.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
(Ord. 3548 § 17, 1/5/2016; Ord. 3517 § 5, 10/21/2014; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The Building Division shall issue building permits for buildings and structures that conform to the approved final development plans for the PID and with all other applicable City ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued; except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PID.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
This is an industrial zone intended to create and preserve areas for industrial uses that are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for non-industrial uses.
(Ord. 3272, 2/16/2007; Ord. 3123 § 18, 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2329 § 1 (part), 3/11/1985)
A.
Manufacturing buildings for:
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.
Microbreweries.
8.
Assembly of mobile and modular homes and home components.
9.
Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components.
B.
Retail buildings:
1.
Adult entertainment businesses.
2.
Auto and truck service stations, gasoline service islands.
3.
Chain saw sales and service stores.
4.
Cocktail lounges and taverns.
5.
Restaurants and cafes.
6.
Retail sales, such as hardware stores, lawn and garden equipment and supplies, hand tools, building, electrical, and plumbing materials and supplies.
C.
Wholesale distribution:
1.
Warehouse buildings and yards.
2.
Wholesale stores.
D.
Services:
1.
Building maintenance and janitorial services buildings.
2.
Equipment rental stores, including heavy equipment.
3.
Funeral homes and mortuaries.
4.
Laundry and dry cleaners buildings.
5.
Machinery maintenance and repair shops.
6.
Mini-warehouses.
7.
Business and professional offices.
8.
Research and development laboratories.
9.
Storage yards and maintenance shops for builders, contractors, and governmental agencies.
10.
Small animal veterinary clinics, offices and kennels.
E.
Transportation and communication:
1.
Airports, airport terminals and related facilities.
2.
Freight companies terminals.
3.
Household moving and storage buildings.
4.
Mass transit terminals.
5.
Off-street business parking structures and lots.
6.
Parcel delivery service buildings.
7.
Printing, publishing, and book-binding buildings.
8.
Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto and truck body and paint shops, and auto and truck engine repair shops.
9.
Utility buildings and structures.
F.
Other:
1.
Shipping containers used for storage.
2.
Artisan manufacturing.
(Ord. 3577 § 1, 3/21/2017; Ord. 3332 § 8, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3155 § 14, 1/30/2004; Ord. 3123 § 19, 10/11/2002; Ord. 3059 § 4 (part), 7/28/2000, Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 3, 9/30/1994; Ord. 2796 § 12, 2/11/1994; Ord. 2742 § 1, 1/29/1993; Ord. 2636 § 8, 5/15/1991; Ord. 2329 § 1, (part), 3/11/1985)
Accessory uses, including commercial caretaker units determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2921 § 14, 6/28/1996; Ord. 2329 § 1, (part), 3/11/1985)
A.
Manufacturing buildings for:
1.
Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils and dairy products.
2.
Pharmaceutical and drug products.
3.
Plastic and other synthetic products.
4.
Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops and machine shops.
B.
Other:
1.
Agricultural uses, defined as commercial farming and animal husbandry.
2.
Fire stations.
3.
Off-premises outdoor advertising signs.
4.
Public juvenile detention facilities, where:
a.
The average daily noise levels (LDN) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and
b.
The existing and potential industrial uses will not adversely impact the detention center.
5.
Public parks and recreation facilities, where:
a.
The average daily noise levels (LDN) do not exceed 45 decibels for interior portions of the buildings;
b.
There are no existing industrial uses in the vicinity which would adversely impact the use; and
c.
In the event a change in circumstances is found by the Planning Commission that would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease.
6.
Radio towers exceeding 35 feet.
7.
Social service agencies providing 24-hour residential care, where:
a.
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;
b.
There are no existing industrial uses in the vicinity that would adversely impact the residential use; and
c.
In the event a change in circumstances is found by the Planning Commission that would result in potential adverse impacts on or land use conflicts to an approved residential use, the conditional use permit shall become void, and the residential use shall cease.
8.
Small scale sawmills, where:
a.
The sawmill, including the sawmill site and the total area of operations, occurs on an area of one-half acre or less, including the storage of logs and finished products;
b.
The gross weight of the sawmill is no greater than 10,000 pounds;
c.
The hours of operation are limited from 7:00 a.m. to 6:00 p.m. Monday through Friday;
d.
All lighting is directed away from residential areas;
e.
Noise levels comply with Chapter 173-60 WAC, to the extent applicable; and
f.
Wood waste management is conducted to avoid excessive accumulation of wood waste.
9.
Artist work/live studios where the residential use is subordinate to the working studio use.
10.
Other uses compatible with the purpose of this chapter.
(Ord. 3272, 2/16/2007; Ord. 3155 § 15, 1/30/2004; Ord. 3079 § 1, 4/27/2001; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2821 § 1, 7/15/1994; Ord. 2756 § 2, 4/16/1993; Ord. 2752 § 4, 3/26/1993; Ord. 2671 § 1, 1/31/1992; Ord. 2648 § 1, 8/30/1991; Ord. 2551 § 1, 10/25/1989; Ord. 2329 § 1 (part), 3/11/1985)
A.
Minimum lot area: 7,000 square feet.
B.
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 building height: 35 feet.
(Ord. 3572 § 16, 12/20/2016; Ord. 2329 § 1 (part), 3/11/1985)
(See Chapter 14.40 PAMC.)
(Ord. 2329 § 1 (part), 3/11/1985)
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. Such a screen shall be to a height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. LID features encouraged to be located to help provide separation between industrial and residential commercial uses.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
E.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 16, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2666 § 7, 1/17/1992; Ord. 2329 § 1 (part), 3/11/1985)
This is the least restrictive industrial zone intended to be the area that heavy industry could develop while causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult-only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical.
(Ord. 3548 § 18, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3123 § 19, 10/11/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 6 (part), 1/17/1992)
A.
Automobile body, fender, laundry, paint shops and wrecking yards.
B.
Bakeries, wholesale.
C.
Battery rebuild, tire repair and recapping.
D.
Boiler works.
E.
Book, newspaper and magazine printing and publishing.
F.
Bottling plants, creameries.
G.
Cabinet and carpenter shops.
H.
City pound (animal shelter).
I.
Draying, freight and trucking yards and terminals.
J.
Dry cleaning: clothes, carpets, rugs, laundries.
K.
Night club, pool hall, dance hall, boxing arena, arcade, shooting gallery, adult entertainment business, or similar amusement enterprise.
L.
Sawmills, paper mills, pulp mills.
M.
Ship building, storage, repair, boat havens, marinas.
N.
Storage yards; building materials, tractors, trucks, boats, equipment.
O.
Transportation or freight terminal.
P.
Truck, trailer, tractor, and motorcycle, repairing, overhauling, rental, or sales.
Q.
Utility buildings and structures.
R.
Small animal veterinary clinics, offices, and kennels.
S.
Aggregate quarry facility.
T.
Warehousing, distributing plants.
U.
Wood products manufacture.
V.
Manufacturing, processing, packing, storage of:
1.
Alcohol.
2.
Brick, tile or terra-cotta.
3.
Brooms, brushes.
4.
Celluloid or similar cellulose materials.
5.
Cloth, cord or rope.
6.
Concrete.
7.
Electrical products and appliances.
8.
Food and food products.
9.
Kelp reduction.
10.
Lumber.
11.
Machinery.
12.
Paper and pulp.
13.
Prefabricated buildings.
14.
Signs, all types.
15.
Salt works.
16.
Vegetable or other food oil.
W.
Shipping containers used for storage.
X.
Artisan manufacturing.
(Ord. 3577 § 1, 3/21/2017; Ord. 3441 § 9, 11/15/2011; Ord. 3332 § 9, 4/25/2008; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 3059 § 4 (part), 7/28/2000; Ord. 3053 § 3, 6/16/2000; Ord. 3042 § 3 (part), 1/28/2000 Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Accessory uses, including commercial caretaker units, determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2921 § 15, 6/28/1996)
A.
Distillation of wood, coal or bones or manufacture of any of their by-products.
B.
Fire stations.
C.
Fuel yards subject to the limitations contained in PAMC 14.21.030.B.
D.
Gas (illuminating or heating) manufacture or storage subject to the limitations contained in PAMC 14.21.030.A.
E.
Manufacturing, processing, packing, storage of:
1.
Asphalt.
2.
Chemicals.
3.
Ceramics.
4.
Drugs, pharmaceuticals.
5.
Perfumes.
6.
Paint, varnish, oil, turpentine.
7.
Plastics.
8.
Soap and soap products, toiletries.
9.
Tar roofing or waterproofing.
F.
Sale of marine supplies.
G.
Off-premises outdoor advertising signs.
H.
Power, light or steam plant.
I.
Retail establishments incidental to a use permitted under section 17.34.020 when located on the same zoning lot as the permitted use.
J.
Restaurants, cafeterias.
K.
Artist work/live studios where the residential use is subordinate to the working studio use.
L.
Other uses compatible with the intent of this chapter.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004; Ord. 2999 § 2 (part), 9/11/1998; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2806 § 1, 5/13/1994; Ord. 2752 § 5, 3/26/1993; Ord. 2668 § 6 (part), 1/17/1992; Ord. 2636 § 11, 15/15/1991)
A.
Minimum lot size: 7,000 square feet.
B.
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 when abutting commercial or residential zones. Unless deemed by the City to be impractical, ineffective, or unnecessary, buffers shall be provided between industrial and other uses in order to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air, water or odor pollution, objectionable visual material, or other such impacts.
C.
Maximum building height: 75 feet. Height in excess of 75 feet may be allowed by conditional use permit and may require increased setbacks.
D.
Maximum lot coverage: None.
(Ord. 3133, 12/27/2002; Ord. 3042 § 3 (part) 1/28/2000; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2837 § 4 9/30/1994; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
(See Chapter 14.40 PAMC.)
A.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
B.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 17, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 2668 § 6 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
The purpose of this chapter is to ensure that junk yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare. This chapter provides for junk yards to be permitted through the conditional use permit process.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995)
Junk yards may be conditionally permitted only in an IL Industrial, Light or IH Industrial, Heavy Zone.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
No junk yard shall be permitted in the City of Port Angeles without obtaining a conditional use permit.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Unless otherwise specified by the Hearing Examiner, a solid, site-obscuring fence, which may include vegetation or landform, at least seven feet or more in height shall be constructed on or within five feet of the rear and side property lines and the front yard setback line, which shall be a distance of 50 feet from all street rights-of-way. No storage or display of any junk, appliance, article, merchandise, or vehicle shall be permitted outside of said required fence.
(Ord. 3548 § 19, 1/5/2016; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
There shall be a minimum lot area of three acres for each junk yard.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A minimum of ten off-street parking spaces shall be required for each junk yard.
(Ord. 3123 § 20 (part), 10/11/2002; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 8 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
This is an industrial zone intended to preserve industrial areas in the harbor for marine industrial uses, that are characterized as water-dependent or water related. Because there is a very limited amount of shorelands adjacent to the Port Angeles Harbor, a zone that allows for mixed uses that do not adversely impact each other can maximize potential water-dependent, water related, and water enjoyment uses of the harbor without excluding either industrial or non-industrial uses being intermixed. Certain commercial, residential, public, and other mixed uses may be appropriately located in this zone, and, therefore, heavy industrial manufacturing uses, that have significant nuisance factors, shall not be located in this zone.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
Emergency stations, including lighthouses, marine rescue, oil clean-up, and other facilities.
B.
Institutional facilities, including marine laboratories and yacht clubs.
C.
Marinas, including boat moorage, storage, repairs, sales, supplies, marine fueling, and other services to the boating public.
D.
Personal services facilities, such as barber shops, beauty shops, exercise and reducing studios, tanning salons and travel agency offices.
E.
Recreational facilities, including public parks and piers, aquariums, waterfront trails, and water enjoyment commercial recreation establishments.
F.
Restaurants, cafes, cafeterias, cocktail lounges, delicatessens and taverns.
G.
Specialty shops, such as antique, art supplies, bicycle, book, candy and ice cream, clothing, coffee and espresso, computer, florist, gift, hobby and toy, jewelry, kayak, pet, and video rental.
H.
Transportation terminals, including facilities for ferries, cruise ships, vehicle rentals, seaplanes, research vessels, mass transit, and other facilities for moving people not goods.
(Ord. 3180 § 1 (part), 12/17/2004)
Accessory uses determined by the Community and Economic Development Director to be compatible with the intent of this chapter are permitted.
(Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
A.
Business, professional, and governmental offices incidental to a use permitted under section 17.36.020 when located on the same zoning lot as the permitted use.
B.
Hotels, motels, convention centers and auditoriums.
C.
Residential structures that are permitted in the RHD Zone at the RHD density allowance area and dimensional requirements, except in areas designated as restricted cleanup sites.
D.
Upland aquaculture facilities.
E.
Warehousing and distribution facilities for goods and products.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
Area and dimensional requirements:
1.
Minimum lot area: 7,000 square feet.
2.
Minimum lot width: None.
3.
Setbacks:
Front: 25 feet.
Rear: 25 feet.
Side: 15 feet.
B.
Maximum lot coverage: None.
C.
Maximum building height: 35 feet.
(Ord. 3180 § 1 (part), 12/17/2004)
(See Chapter 14.40 PAMC.)
(Ord. 3180 § 1 (part), 12/17/2004)
A.
One business sign for each wall not to exceed one square foot for each horizontal lineal foot of the building wall upon which it is mounted or 300 square feet, whichever is less, shall be permitted.
B.
One freestanding, detached business sign, not exceeding 15 feet in height and 35 square feet in area shall be permitted.
C.
Each public and private directional, traffic, and warning attached and detached sign shall not exceed six square feet in area.
D.
Signs may be lighted, but not intermittent or flashing.
(Ord. 3180 § 1 (part), 12/17/2004)
A.
A five-foot sidewalk accompanied by a minimum five-foot landscape strip shall be required within the right-of-way adjacent to the front property line as well as adjoining arterial corridors.
B.
All lighting on the site shall be directed or shaded so that it does not shine directly on adjoining property or public right-of-way.
C.
A ten-foot wide buffer zone must be maintained from adjacent properties. This buffer zone shall not be used for storage, driveways, parking, or structures, except for fences. A visual screen, consisting of solid fencing, landscaping, or other materials shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge that will reach a height of six feet within three years of the planting date. Such screen shall be maintained to a maximum height of six feet. Approved vehicle driveways to an alley and sanitation receptacles associated with mechanized collection shall not be obstructed. Clear vision triangles shall be maintained. LID features encouraged to be located as to help provide separation between industrial and residential commercial uses.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
E.
Parking areas shall have interspersed landscaped islands and shall have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces. Underground parking and parking included in a parking structure are excluded from this requirement.
(Ord. 3572 § 18, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 3180 § 1 (part), 12/17/2004)
The purpose of the Mixed Commercial Overlay Zone is to allow for a concentration of uses that, through a campus setting, offer a wider range of services and result in a higher quality development. The overlay zone is intended to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote redevelopment, infill, and functional innovation in mixed commercial developments that involve multiple associated structures and larger areas of land than lot by lot development. Such development needs to be both transit and pedestrian oriented and easily enhance and blend into the character of the surrounding neighborhood. It is intended that a Mixed Commercial Overlay (MCO) will result in a higher quality development than traditional lot-by-lot development. Such projects will use urban design components relative to walkability, access to transit, public amenities, and a variety of services and building types with attractive cohesive landscaping in a manner consonant with the public health, safety and welfare. Specific development components are required to be through a pre-approved site design.
MCOs smart growth practices provide for infill development that complements surrounding neighborhoods without following a standard system of public streets and lot design and provides opportunities for commercial neighborhood developments not usually permitted in standard commercial zones.
An MCO may combine a number of land use decisions such as conditional use permits, rezones, or subdivision into a single project review process to encourage a timely and coordinated public review process. The consolidation of permit review does not exempt an applicant(s) from meeting the regulations and submitting the fees and applications required for the underlying permit process(es). Legislative actions such as street vacations will require a separate process.
(Ord. 3508 § 1, 6/3/2014)
A.
Mixed Commercial Overlay (MCO): A site-specific development plan that has been approved by the City Council under the provisions of Chapter 17.37 of the Port Angeles Municipal Code.
B.
Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area.
(Ord. 3572 § 19, 12/20/2016; Ord. 3508 § 1, 6/3/2014)
MCOs may be established, subject to final approval of a proposed master plan in commercial or the public buildings and parks zones. A MCO shall contain a minimum of 3.44 acres (a standard City block). The site shall be composed of contiguous lots or parcels. Development must be consistent with the City of Port Angeles Comprehensive Plan and Land Use Map.
(Ord. 3508 § 1, 6/3/2014)
Those uses permitted in the underlying zoning district.
(Ord. 3508 § 1, 6/3/2014)
The approval of an MCO may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located (see PAMC section 17.94.010 for parcels with more than one zone) subject to the limitations of this chapter; however no approval shall include a modification, variance, or waiver of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. Modifications to the requirements of Title 15 PAMC (Environmentally Sensitive Areas Protection) must meet the standards of that chapter.
A.
On-site parking requirements shall be consistent with Title 14 of the Port Angeles Municipal Code. Parking requirements shall be evaluated for the entire project rather than for individual uses or structures. Shared parking for a variety of campus land users will be considered in review of this requirement.
B.
A height bonus (height allowed over that permitted by the underlying zone) shall be limited to a maximum of 45 feet, or one additional story, whichever is the least under the following circumstances:
1.
When below grade parking is created, the combined floor area of any floor above 35 feet is limited to 125 square feet times the number of underground parking spaces provided.
2.
When open space elements are increased above the minimum required, a ratio of one square foot of bonus height floor area for each square foot of open space will be allowed.
3.
Bonus height floor area may be increased by one square foot for each square foot of vegetated roof created by the project.
C.
Every structure shall be set back from exterior property lines per the underlying zone, except for structures exceeding 35 feet in height. Exterior setbacks for portions of a structure exceeding 35 feet in height shall be increased by two feet for each one-foot increase of building height over 35 feet.
D.
A detailed sign plan shall be submitted as part of the project master plan for approval.
1.
All signs proposed in the MCO shall comply with the provisions of Chapter 14.36 PAMC, Sign Ordinance.
2.
Sign design shall be coordinated throughout the development.
E.
Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as to minimize noise and odor impacts on the surrounding area. The Director may require measures such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking location or setback standards, design modification, limits on hours of operation or other similar measures to mitigate impacts.
F.
Required landscaping shall be compatible with neighboring properties. Landscaping shall be required to reduce the potential for erosion or excessive stormwater runoff, to minimize coverage of the site by impervious surfaces, to screen parking, or to reduce noise or the appearance of bulk and scale. Specific requirements of the landscape plan are found in subsection 17.37.090.F.
1.
An MCO shall retain a minimum 20 percent of the development as open space/landscaping.
a.
The open space counted toward this set-aside shall not include vegetated roofs that are inaccessible to the general public, right-of-way landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands except where plans vacate these public areas.
b.
Inherently unbuildable areas such as wetlands, floodplains, or other environmentally sensitive areas and buffers may be included in open space requirements. Where such areas exist, limited density transfer calculations per subsection 15.24.070.G. PAMC may be applied.
c.
Open space areas may include stormwater detention areas or landscaped swales, or vegetated roofs that are accessible to the general public.
2.
"Streetscaping" refers to urban roadway design and conditions as they impact the diverse range of street users and nearby residents. Streetscaping is an important component of the public realm, which helps define a community's aesthetic quality and identity.
a.
Streetscaping shall include shade trees planted between streets and sidewalks. Trees shall be chosen to maximize mature tree canopy and be planted at a spacing appropriate to the approved tree species.
b.
Landscape plans shall provide an adequate soil volume to support the mature trees in a sustainable healthy condition. Use of rigid cell systems are encouraged to provide adequate soil volume.
c.
Streetscaping shall be designed to provide easy pedestrian access between street parking and the sidewalk.
3.
Traffic and parking impacts shall be minimized. Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels.
4.
All MCOs shall be designed such that proposed structures blend into the character of the surrounding neighborhood.
a.
Loading areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties.
b.
Trash enclosures. Trash receptacle areas shall be enclosed by a six-foot-high privacy fence or masonry wall with gates.
5.
All MCOs 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 MCO in form and manner acceptable to the City.
6.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted MCO may not be sold to separate owners. No further subdivision of land within the MCO will be permitted unless a formal amendment to the MCO is approved.
7.
For any underlying land use regulatory process that is consolidated through the MCO overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require an amendment to the MCO.
G.
To encourage design flexibility, and innovations that result in a higher quality environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the MCO. Where applicable, the design of MCOs shall accomplish the following to the greatest extent possible:
1.
Provide amenities, including LID facilities, that complement the surrounding environment;
2.
Provide a walkable, active and transit-oriented environment that may include bicycle or pedestrian paths, proximity to public transit, children's play areas and common open space areas;
3.
The design of all open space areas and built structures shall be compatible with and complementary to the environment in which they are placed.
H.
Public art shall be included in all MCO proposals. A minimum value of one percent of the project value, to a maximum value of $50,000.00 is required of all MCO project proposals.
I.
All MCOs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3572 § 19, 12/20/2016; Ord. 3508 § 1, 6/3/2014)
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval shall be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
The MCO shall be established only in conjunction with a master plan which generally specifies the parameters for development of the property. The MASTER PLAN shall contain the following:
A.
The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land. The applicant, any authorized representative of the applicant, and if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer or engineer responsible for preparation of the plan.
B.
A narrative explaining the proposed use(s) of the land and buildings, including, but not limited to, documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of continuous maintenance provisions, for the project.
C.
A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses.
D.
Site plans showing proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Total area in lots and number of lots being created;
3.
Site coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings and their proposed use;
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas and total parking spaces proposed;
d.
Any areas paved with permeable paving systems;
e.
Location and percentage of common open space and landscaped area;
f.
Number of residential units (if proposed) and approximate square footage.
4.
Preliminary elevation and perspective drawings of all project structures;
5.
A preliminary utilities plan, including fire hydrant locations;
6.
A preliminary storm drainage plan with calculation of impervious areas.
F.
Landscape plan:
1.
A landscape plan shall be created for the entire site with more detailed plans for each development within the respective portions of the larger site. The plan shall include a consistent palette of planting materials for use throughout the development.
2.
Each lot/parcel must be landscaped so as to fit into the overall scheme of the MCO landscape, regardless of who owns the individual lot.
3.
The landscape plan shall include "significant" tree and native vegetation inventory. The inventory must be conducted prior to development. "Significant" trees are those with at least a three-inch diameter trunk at breast height (dbh) (four feet) above grade.
a.
All trees deemed as "significant" shall be protected during construction.
b.
A tree protection plan shall be included as part of the landscape plan showing root zone protection areas, appropriate methods to exclude construction impacts.
4.
Native plant and tree species. The use of native plant and tree species for landscaping is permitted and encouraged within the MCO. Specifically, drought-resistant plantings will eliminate the need for irrigation other than collected rainwater.
5.
Detailed specifications of plants and trees proposed for landscaping on-site.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H.
An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3508 § 1, 6/3/2014)
The following characteristics shall be among those used by the Director of the Department of Community and Economic Development to determine whether a use is functionally integrated with or substantively related to, the central mission of the use:
A.
Functional association of buildings;
B.
How well are proposed uses integrated with one another;
C.
Ease of physical circulation/access connections;
D.
Potential for shared facilities or staff;
E.
Degree of interdependence among uses;
F.
Similar or common functions, services or products;
G.
Proximity to areas previously developed under this MCO Code section.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions of the preliminary MCO shall be made in written form based upon compliance with section 17.19.050 PAMC and the following criteria:
A.
The proposed development will comply with the policies of the comprehensive plan and further attainment of the objectives and goals of the comprehensive plan.
B.
The proposed development will, through the improved utilization of landscaping, and integrated circulation systems, create an environment of higher quality than that normally achieved by traditional lot by lot development.
C.
The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit-friendly environment.
D.
The proposed development will be compatible with adjacent, existing and future developments.
E.
All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development.
F.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
G.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
Editor's note— Ord. 3548 § 20, adopted Jan. 5, 2016, deleted § 17.37.130 entitled "City Council action—Preliminary development plans", which derived from Ord. 3508 § 1, adopted June 3, 2014.
Application for final approval of the MCO shall be submitted to Community and Economic Development Department within two years of preliminary development plan approval; provided that an applicant may apply to the Community and Economic Development Department, and the department may approve, one or more one-year extensions as may be deemed appropriate. For phased MCO's, each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Community and Economic Development Department, and the department may approve, one or more one-year extensions as may be deemed appropriate. The site must be under one ownership prior to final approval, or the application for final approval must be made by the owners of the entire site. The final submittal documents shall include the following:
A.
A title report showing ownership of the parcel or parcels upon which the MCO is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, on-site facilities and the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must be identified and meet the requirements of this section.
C.
Final development plans that shall be in compliance with the approved preliminary development plans.
D.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
E.
Development and phasing 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.
(Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)
Editor's note— Ord. 3548 § 20, adopted Jan. 5, 2016, deleted § 17.37.160 entitled "City Council final action," which derived from Ord. 3508 § 1, adopted June 3, 2014.
The Building Division shall issue building permits for structures that conform with the approved final development plans and with all other applicable City and state ordinances and regulations. All common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of a final MCO.
(Ord. 3508 § 1, 6/3/2014)
This is a zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities, open space, and environmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use, subject to environmental impact mitigation.
(Ord. 3123 § 21, 10/11/2002; Ord. 2668 § 7 (part), 1/17/1992)
A.
Bleachers, grandstands (subject to review by Planning Commission).
B.
Bridle trails.
C.
Cemeteries and crematoriums.
D.
Civic buildings and governmental offices.
E.
Common open space.
F.
Convention centers (publicly owned) and associated activities.
G.
Tire stations.
H.
Hospitals.
I.
Landfills, sanitary.
J.
Libraries.
K.
Marinas, boat storage, maritime and harbor activities.
L.
Municipal pool.
M.
Museums.
N.
Off-street parking structures and lots.
O.
Parks, greenbelts.
P.
Picnic areas and facilities.
Q.
Playfields.
R.
Playgrounds.
S.
Public recreation structures and facilities.
T.
Reservoirs.
U.
Schools and school related facilities.
V.
Residences which meet the requirements of the R7 District.
W.
Streets, sidewalks, trails and roads.
X.
Utility buildings and structures.
(Ord. 3710 § 1, 3/21/2023; Ord. 3155 § 16, 1/30/2004; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 13, 2/11/1994; Ord. 2702 § 2, 8/14/1992; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991; Ord. 2382 § 1, 3/15/1986; Ord. 1709 § 1 (part), 12/22/1970)
Accessory uses determined by the Director of Community and Economic Development to be compatible with the intent of this chapter are permitted.
(Ord. 2921 § 16, 6/28/1996)
A.
Quasi-public recreation structures and facilities.
B.
Other uses compatible with the intent of this chapter.
(Ord. 3155 § 17, 1/30/2004; Ord. 2668 § 7 (part), 1/17/1992; Ord. 2636 § 12 (part), 5/15/1991)
A.
Minimum lot area: None.
B.
Minimum lot width: None.
C.
Setbacks: Minimum yard setbacks shall be no less than the adjacent zoning requirements, except that in the event the adjacent zone is PBP, setbacks shall be zero feet. No structure shall be placed within 15 feet of an alley.
D.
Maximum lot coverage: 50 percent.
E.
Maximum building height: 40 feet.
(Ord. 3736 § 1, 10/15/2024; Ord. 2977 § 1 (part), 12/26/1997; Ord. 2749 § 1, 2/26/1993; Ord. 2668 § 7 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
All outdoor storage areas shall be screened from public view from public rights-of-way and abutting property by a sight-obscuring fence six feet in height; except sanitation receptacles associated with mechanized collection.
B.
All lighting on the site shall be directed or shaded so as not to shine directly on adjoining non-commercial property.
C.
A visual screen consisting of solid fencing, landscaping, or other materials, shall be provided in the yard abutting residentially zoned land. Such a screen shall be to a height of six feet. If landscaping is used, it shall include evergreen shrubs planted to form a hedge of at least six feet mature height within three years of the planting date, except that approved vehicle driveways to an alley shall not be obstructed; and except that sanitation receptacles associated with mechanized collection shall not be obstructed.
D.
All required parking areas shall include tree landscaping of at least two trees, for each group of six or fewer parking spaces with a minimum of two trees, exclusive of any required perimeter landscaping. Vegetation within LID facilities may be used to meet landscaping requirements. The trees shall be of a type approved by the City, and be at least two-inch caliper at time of planting, and placed in a minimum planting area of 100 square feet. Trees shall attain a minimum height of at least 20 feet at maturity. Alternatively, landscaping plans with functionally compatible planters and equivalent vegetative cover may be submitted for approval by the Director of Community and Economic Development as mitigation for this requirement when site constraints deem necessary. Refer to 15.20.070.B.6 and 15.20.080.A.4 PAMC for appropriate pruning and vegetation management techniques.
(Ord. 3572 § 20, 12/20/2016; Ord. 2977 § 1 (part), 12/26/1997)
Overhead lights, floodlights, etc., shall be constructed so as to shine away from neighboring property as far as is practical.
(Ord. 2668 § 7 (part), 1/17/1992; Ord. 2382 § 1 (part), 3/15/1986)
This overlay zone provides alternative zoning regulations that permit and encourage design flexibility. It is intended that a planned low impact development (PLID) will result in a high quality residential development by use of a design process that includes site design components of a residential neighborhood consonant with the public health, safety and welfare, and results in a binding approved site design.
A PLID is intended to manage stormwater through a land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic conditions. It is intended that techniques used will include minimizing impervious surfaces and effective impervious surfaces and encouraging the creation or preservation of permanent forested open space.
It is also intended that a PLID may combine a number of land use decisions such as critical areas protection, conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions. The consolidation of permit reviews does not exempt the applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. This overlay zone provides an opportunity to create residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design, and to develop residential neighborhoods that are harmonious with on-site and off-site natural and built environments while conserving natural conditions and features, and the use of appropriate new technologies and techniques. A PLID is intended to further the goals of the comprehensive land use plan by the use of accepted new technologies and techniques, the conservation of natural conditions and features, and the efficient layout of streets, utility networks and other public improvements.
(Ord. 3293, 8/31/2007)
A.
Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area.
B.
Neighborhood density: The number of dwelling units per acre allowed by a zone or zones.
C.
Planned low impact development (PLID): A site-specific development that has been approved by the City Council under the provisions of Chapter 17.44 of the Port Angeles Municipal Code.
D.
Townsite block: A block of 500-foot by 300-foot dimension or 3.44 acres as created by the original platting of the townsite of Port Angeles.
E.
Critical root zone (CRZ): Minimum area of protection around the trunk of a tree. The CRZ is based on the area that results from measuring, at diameter breast height (DBH) or 4.5 feet above the ground, 1.5 feet outwards from the trunk for every inch of trunk diameter.
(Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)
PLIDs may be established subject to final approval of a proposal for a specific parcel or parcels of land in all residential zones. A PLID shall contain a minimum of 21,000 square feet with densities permitted per the underlying zone and be within the guidelines of Table 17.44.025-2.
(Ord. 3293, 8/31/2007)
A.
Conformance to the following criteria is required for all developments reviewed under the provisions of this chapter:
Table 17.44 025 Notes.
1
Vegetated open space includes native, undisturbed areas, or rehabilitation of previously disturbed areas. Vegetated open space may integrate passive recreation facilities. Active recreation areas shall not count towards vegetated open space total.
2
Impervious areas as defined in section 17.08.
3
Multi-family projects are those projects containing more than two dwelling units attached in a single structure, regardless of ownership mechanism.
4
Multi-family and commercial projects must use permeable pavement for at least 20 percent of all paved surfaces, where feasible.
* Does not include density bonus per section 17.44.100
B.
Additional requirements:
1.
All projects with Type A (outwash) soils shall infiltrate 100-percent of runoff.
2.
All PLID projects shall provide a maintenance plan/program for the low impact development stormwater facilities and techniques that have been approved by the City and meets the stormwater requirements for new development and redevelopment projects in Chapters 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
Residential building types in a PLID include those permitted in the underlying zone or zones.
(Ord. 3293, 8/31/2007)
Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s).
(Ord. 3293, 8/31/2007)
The approval of a PLID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PLID, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC.
(Ord. 3293, 8/31/2007)
The following design objectives are included in the PLID standards:
A.
Lot size. Minimize area of site disturbance. The minimum lot size of the underlying zone may be modified to achieve the goals in section 17.44.010 PAMC.
B.
Lot width. Minimize street length. The minimum lot width of the underlying zone district may be modified to achieve the goals in section 17.44.010 PAMC.
C.
Building height. Minimize building footprint. Building height may exceed the standard in the underlying zone to a maximum of 20 percent; provided that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and significant public views.
D.
Building setbacks. Minimize impervious surfaces. The zoning setbacks may be modified to achieve the goals in section 17.44.010 PAMC.
E.
Site coverage. Minimize impervious surfaces. The total impervious area (TIA) of the site shall be limited to those allowed in Table 17.44.025-2. Additional coverage of the site shall be with pervious materials only. Any impervious area that is isolated by a minimum of 100 feet of native vegetation and is drained using approved dispersion techniques through the native vegetation area shall not be considered in the limit.
F.
The following standards shall apply to all PLIDs:
1.
All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Private street widths may vary from widths required in the subdivision regulations, and interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual.
2.
All PLIDs shall provide for continuous and perpetual maintenance of stormwater management facilities, common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PLID in a form and manner acceptable to the City.
3.
PLIDs that are not accompanied by a concurrent subdivision or short subdivision approval, shall record an easement or covenant against the land title to ensure that the low impact development features are protected.
4.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PLID may be sold to separate owners. No further subdivision of land within the PLID will be permitted unless a formal amendment to the PLID is approved.
5.
Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), small scale commercial uses allowed in the Commercial Neighborhood (CN) Zone and serving nearby residences may be considered for conditional use permit(s) during the PLID approval process. No further conditional use permits except home occupations, will be permitted within the PLID unless a formal amendment to the PLID is approved.
6.
For any underlying land use regulatory process that is consolidated through the PLID overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PLID.
7.
To encourage design flexibility, conservation of natural amenities and innovations that result in a higher quality residential environment than traditional subdivisions, comprehensive site planning is required of all development in the PLID. Where applicable, the design of PLIDs shall accomplish the following to the greatest extent possible:
a.
Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with Chapters 15.20 and 15.24 PAMC;
b.
Preserve scenic view corridors, both internal and external to the site to the greatest extent possible;
c.
The design of all open space areas and structures shall be compatible with and complementary to the environment in which they are placed.
8.
All PLIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
9.
The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize effective impervious surface, preserve forested open space, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features.
10.
All PLIDs shall comply with the stormwater requirements for new development and redevelopment projects in Chapters 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
(Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)
Low impact development site design is intended to mimic the predevelopment hydrologic conditions on the site. Site assessment and feasibility of LID BMPs shall be determined per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
Sites located in close proximity to the marine bluff, steep slopes, or landslide hazard areas may be considered inappropriate for PLID due to conditions whereby the use of infiltration of stormwater may result in unstable soil conditions.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
For the purposes of calculating required area, inundated lands shall not be included; however, other sensitive areas and their buffers may be included within the protected native growth area boundaries.
B.
Protected native growth areas shall be forested or reforested. Portions of a designated protected native growth area without existing tree canopy shall be planted at a density of 60 trees per acre. This requirement does not apply to wetlands or water bodies. The administrator may modify this requirement subject to site conditions. A tree planting plan shall be submitted for review and approval.
C.
Development within protected native growth areas shall be limited to stormwater dispersion facilities, pervious pedestrian trails, and approved surface water restoration projects. Activities within the protected native growth areas shall be limited to passive recreation, removal of invasive species, amendment of disturbed soils consistent with all applicable regulations, and planting of native vegetation. Development shall be consistent with critical areas requirements and restrictions in Chapter 15.20 PAMC and Chapter 15.24. PAMC.
D.
A permanent protective mechanism shall be legally established to ensure that the required protected native growth area is preserved and protected in perpetuity in a form that is acceptable to both the applicant and the City and filed with Clallam County Auditor's Office. A permanent protected native growth area shall be established using one of the following mechanisms:
1.
Placement in a separate non-building tract owned in common by all lots within the subdivision;
2.
Covered by a protective easement or public or private land trust dedication;
3.
Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection 17.44.070.D.1. of this section as determined by the approval authority;
E.
Restrictions on the future use of the protective native growth area shall be recorded on the face of the final plat or short plat.
(Ord. 3293, 8/31/2007)
A.
The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable.
B.
Except as otherwise provided in subsection C below, areas that have been cleared and graded or subject to prior disturbance shall meet the post-construction soil quality and depth requirements in the Department of Ecology's SWMMWW (2014), or most recent update.
C.
This section does not apply to areas within the critical root zone (CRZ) of trees proposed for retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. Mulch shall be applied to any area within the CRZ or dripline of trees where the duff layer and organic matter are removed.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
To achieve the goals of low impact development, residential lots shall be clustered within the designated development area of the site. Clustering is intended to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers, as defined in Chapters 15.20 PAMC and 15.24 PAMC. Preservation of open space reduces potential stormwater runoff and associated impacts and provides area for dispersion, filtration and infiltration of stormwater.
B.
The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight-line or highway strip patterns.
(Ord. 3293, 8/31/2007)
Every PLID shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. The density bonus may only be allowed if maximum percentage of total impervious surface listed in Table 17.44.025-2 are met. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F. Residential density shall meet or exceed the maximum allowed density of the next lowest density zone.
(Ord. 3293, 8/31/2007)
A.
Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of City of Port Angeles road standards. Deviations from the City of Port Angeles Public Works standards may be granted subject to the following criteria:
1.
Approval by the City of Port Angeles Public Works and Utilities and Fire Departments;
2.
A bioretention facility shall be provided within the right-of-way or in islands created by loop roadways. If a bioretention facility is not feasible, other LID facilities may be considered.
B.
Loop roadways are encouraged to minimize impervious surfaces, facilitate emergency vehicle access, and provide vegetated areas to help manage stormwater.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
Parking space requirements shall conform to the requirements of Chapter 14.40. If parking cannot be accommodated on-site, common parking areas must be incorporated on approved privately maintained easement areas using permeable pavement where feasible.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
Alternative surfacing including, but not limited to: paving blocks, bark or wood mulch, turf block, plastic or other material grid systems, and other similar approved materials are encouraged and may be approved for appropriate applications. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads where appropriate unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the City of Port Angeles Public Works and Utilities Department and Fire Marshal for compliance with other applicable regulations and development standards.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
Land alteration may commence when in compliance with City of Port Angeles site development regulations.
B.
Drainage plans and improvements shall be in compliance with City of Port Angeles drainage standards and NPDES permit requirements.
(Ord. 3293, 8/31/2007)
Editor's note— Ord. 3572 § 21, adopted Dec. 20, 2016, deleted § 17.44.160 entitled "Site assessment and concept plan," which derived from Ord. 3293, adopted Aug. 31, 2007.
All procedural processes are outlined in Chapter 18.02 PAMC.
(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3293, 8/31/2007)
Editor's note— Section 17.44.170 was amended in its entirety by Ord. 3742, and was formerly entitled "Pre-application review."
The application for a PLID shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, or apartments and 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. The narrative shall include information explaining how 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 and how the proposed development will be compatible with adjacent, existing, and future developments.
C.
A survey of the property containing the information required in subsections 17.44.160.A through H, plus:
1.
Existing buildings or structures;
2.
Existing streets, utility easements, rights-of-way;
3.
Existing land uses.
D.
Preliminary site plans showing the following:
1.
Location and dimensions of proposed buildings, building setbacks, open space, recreation areas, parking areas, and circulation patterns;
2.
Landscape areas and landscape areas used for stormwater management.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Nonresidential structures.
b.
Roadway and sidewalk paved surfaces area;
c.
Parking lot and other impervious areas;
d.
Any areas paved with permeable paving systems.
3.
Total area in lots and area of individual lots;
4.
Number of residential units proposed;
5.
Total number of lots being created;
6.
Density of site expressed as residential units per acre.
F.
Landscape plan including a tree planting plan and a tree protection plan for existing vegetation.
G.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
H.
If a developer elects to obtain additional density credits for environmentally sensitive areas, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.
I.
A preliminary utilities plan, including fire hydrant locations.
J.
A small project stormwater plan or large project stormwater plan that meets Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual, site development standards and NPDES permit requirements.
K.
An off-street parking plan and circulation plan showing:
1.
All means of vehicular and pedestrian ingress and egress to and from the site;
2.
Number and location of off-street parking spaces;
3.
Size and location of driveways, streets, sidewalks, trails and parking spaces;
4.
Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
A.
A complete State Environmental Policy Act (SEPA) checklist.
B.
A traffic study prepared by an engineer licensed in Washington State, if required by the Public Works and Utilities Department at the pre-application conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS. This does not preclude the possibility that a traffic study may be required at a later stage in the process.
C.
The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose is to identify the method of maintenance, not to require detailed agreements. Maintenance criteria for stormwater treatment and flow control facilities and LID BMPs shall be per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual.
D.
If the maintenance is to be provided privately, the developer shall indicate the organization to be established to provide the maintenance, and the method and approximate amount of funding required.
E.
Draft instruments for permanent preservation of protected native growth areas and maintenance of low impact development facilities.
(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)
The Hearing Examiner's decision of approval, denial, or approval with modifications or conditions shall following a public hearing, be made in written form, and shall be based upon compliance with section 17.44.050 and the following criteria:
A.
The proposed development will comply with the policies of the Comprehensive Plan, zoning ordinance, and other development regulations of the PAMC.
B.
All necessary on-site and off-site municipal utilities, services, and facilities, existing and proposed, shall be adequate to serve the proposed development.
C.
Internal streets serving the proposed development shall be adequate to serve anticipated traffic levels, and the street system of the proposed development shall be functionally connected by an improved collector street to at least one improved arterial street.
D.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)
Editor's note— Ord. 3548 § 21, adopted Jan. 5, 2016, deleted § 17.44.230 entitled "City Council action—Preliminary development plans," which derived from Ord. 3293, adopted Aug. 31, 2007.
Application for final approval of a PLID shall be submitted to the Community and Economic Development Department within two years of the preliminary development plan approval; provided that, for phased PLID's each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Community and Economic Development Department, for one or more one-year extensions as the department may deem appropriate. The site must be under one ownership prior to final approval by the Hearing Examiner. The application for final approval must be made by the owners of the entire site and shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed.
B.
Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet this requirement.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
Final corrected plans ("as-builts") that are stamped, signed, and dated by a licensed engineer registered in the State of Washington that accurately represent the stormwater infrastructure installed including bioretention facilities, permeable pavement, vegetated roofs, rainwater harvesting systems, and/or newly planted or retained trees for which a flow reduction credit was received.
F.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC.
G.
Development schedule.
H.
If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City.
I.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3517 § 6, 10/21/2014; Ord. 3293, 8/31/2007)
Once the PLID receives final approval pursuant to 17.44.250 PAMC, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PLID, shall be bound by the conditions attending the approval of the development and the provisions of this chapter.
(Ord. 3293, 8/31/2007)
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the PLID and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PLID.
(Ord. 3293, 8/31/2007)
The Infill Overlay Zone (IOZ) is designed to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote infill, maximum density, attainable housing, and functional innovation in developments that are both transit and pedestrian oriented and which blend into the character of the existing neighborhoods. It is intended that an IOZ will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process that includes within the site design all the components of an urban residential environment, such as walkability, access to transit, and a variety of building types, in a manner consonant with the public health, safety and welfare and results in a specifically approved site design.
IOZ's are aimed to implement smart growth practices on infill or redevelopment sites that are surrounded by existing development and infrastructure. It is also intended that an IOZ may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for attainable higher densities than is required or may be permitted between single-family and multi-family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes.
Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated with nonresidential uses. Incorporation of conditionally permitted commercial neighborhood uses and mixed use developments can be achieved through the IOZ review. This overlay zone provides for the creation of infill developments and smaller self-contained residential neighborhoods that complement the existing neighborhood without following a standard system of public streets and lot design and with opportunities for residential and commercial neighborhood developments not usually permitted in residential zones.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.45.011 entitled "Definitions," which derived from Ord. 3458 § 22, adopted Jan. 5, 2016, and Ord. 3294, adopted Aug. 31, 2007.
IOZs may be considered when the subject property is:
A.
Located in the RHD, RMD and RS-7 residential districts.
B.
Contain a minimum lot area of 20,000 square feet.
C.
If composed of more than one lot or parcel, they should be contiguous.
D.
Not part of a subdivision receiving final plat approval within the preceding five years.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
All principal, accessory and conditional uses permitted in the underlying zone(s) are allowed in IOZs.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.45.031 entitled "Conditional uses," which derived from Ord. 3294, adopted Aug. 31, 2007.
The approval of an IOZ may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance, or waiver of the setback areas required by the underlying zone along the exterior property lines of the IOZ, of the environmental requirements as included in Title 15 of the PAMC and of any building permit, clearing and grading permit and stormwater permit requirements.
(Ord. 3577 § 1, 3/21/2017; Ord. 3294, 8/31/2007)
The following standards shall apply to all IOZs:
A.
All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum street design standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual, with exception to minimum street widths. Street widths may vary from widths required if they achieve the goals of the IOZ. All requests for variations to street widths must obtain approval by the City Engineer. In suitable locations, common parking areas may suffice without the provision of interior streets. Off-street parking requirements should be consistent with Title 14 of the Port Angeles Municipal Code.
B.
All IOZs shall devote at least 20 percent of residential units to attainable housing.
C.
All IOZs shall provide for a mechanism to ensure that attainable housing remains attainable in perpetuity. Such mechanism shall be approved by the Director of Community and Economic Development and be stipulated on the final plat.
D.
Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels unless such parcels are to be owned by a homeowner's association.
E.
All IOZs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas, and other similar development within the boundaries of the IOZ in form and manner acceptable to the City.
F.
All IOZs shall ensure that proposed structures blend into the residential character of the surrounding neighborhood. Multi-family uses in a predominately single-family neighborhood should simulate a single-family residence in appearance.
G.
Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted IOZ may be sold to separate owners. No further subdivision of land within the IOZ will be permitted unless a formal amendment to the IOZ is approved.
H.
Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), commercial neighborhood uses (as permitted per section 17.21.040 PAMC) may be considered for conditional use permit(s) during the IOZ approval process. No further conditional use permits except home occupations will be permitted within the IOZ unless a formal amendment to the IOZ is approved.
I.
For any underlying land use regulatory process that is consolidated through the IOZ overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the IOZ.
J.
To encourage design flexibility, maximum density, and innovations that result in a higher quality residential environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the IOZ. Where applicable, the design of IOZs shall accomplish the following to the greatest extent possible:
1.
Maximize the urban density of the underlying zone;
2.
Provide affordable housing and attainable housing that complements the surrounding residential environment;
3.
Provide a walkable, active, and transit oriented environment including, but not limited to, bicycle or pedestrian paths, proximity to public transit, children's play areas, and common open space areas;
4.
Preserve scenic view corridors, both internal and external to the site; and
5.
Ensure the design of all open space areas and building structures shall be compatible with and complementary to the environment in which they are placed.
K.
All IOZs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.
(Ord. 3577 § 1, 3/21/2017; Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007)
Every IOZ shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. Where possible maximum density of the underlying zone shall be attained. All IOZs shall exceed the minimum density per Table 17.45.060 A. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F.
Table 17.45.060 A—Minimum and Maximum allowable densities
(inclusive of 2 unit bonus)
(Ord. 3294, 8/31/2007)
A.
All procedural processes are outlined in Chapter 18.02 PAMC.
B.
Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval.
(Ord. 3742 § 8(Att. H), 12/17/2024; Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007)
The application for an IOZ shall contain the following:
A.
The name, location and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and of the applicant and, if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.
B.
A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, and apartments; documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; inclusion of attainable housing and mechanisms for perpetuity; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project.
C.
A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses.
D.
Preliminary site plans showing existing and proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas, parking areas, circulation, landscape areas, subdivision platting and general arrangement.
E.
Detailed site statistics including, but not limited to:
1.
Total site area in both acres and square feet;
2.
Site building coverage expressed in square feet and percentage of:
a.
Total footprint area of buildings for:
i.
Residential structures;
ii.
Nonresidential structures;
b.
Roadway and sidewalk paved surfaces;
c.
Parking lot areas;
d.
Any areas paved with permeable paving systems;
3.
Total area in lots;
4.
Landscape plan showing:
a.
Common open space area, including any LID facilities (must be five percent of site);
b.
Detailed specifications of trees and landscaping on-site;
5.
Number and location of off-street parking;
6.
Number of residential units proposed and approximate square footage;
7.
Total number of lots being created;
8.
Density of site expressed as residential units per acre.
F.
A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
G.
If a developer elects to obtain additional density credits, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.
H.
Preliminary elevation and perspective drawings of project structures.
I.
A preliminary utilities plan, including fire hydrant locations.
J.
A preliminary storm drainage plan with calculation of impervious areas.
K.
An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails and parking spaces. Any new traffic control devices required for the safety of the project must be shown.
(Ord. 3742 § 8(Att. H), 12/17/2024; Ord. 3572 § 22, 12/20/2016; Ord. 3548 § 22, 1/5/2016; Ord. 3390 § 10, 1/30/2010; Ord. 3294, 8/31/2007)
The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions shall be in written form based upon compliance with section 17.19.050 and the following criteria:
A.
The proposed development will comply with the policies of the Comprehensive Plan and further attainment of the objectives and goals of the Comprehensive Plan.
B.
The proposed development will, through the improved utilization of housing densities landscaping, and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision.
C.
The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit-friendly environment.
D.
The proposed development will be compatible with adjacent, existing and future developments.
E.
All necessary municipal utilities, services and facilities, existing and proposed, are adequate to serve the proposed development.
F.
Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street.
G.
If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.
(Ord. 3742 § 8(Att. H), 12/17/2024; Ord. 3548 § 22, 1/5/2016; Ord. 3294, 8/31/2007)
Editor's note— Ord. 3548 § 22, adopted Jan. 5, 2016, deleted § 17.45.130 entitled "City Council action—Preliminary development plans", which derived from Ord. 3294, adopted Aug. 31, 2007.
Application for final approval of the IOZ shall be submitted to the DCED within two years of preliminary development plan approval; provided, that for phased IOZ's each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the DCED, and the department may approve, one or more one-year extensions as the Director may deem appropriate. Extension approvals shall be made in writing. The site must be under one ownership prior to final approval by the DCED, and the application for final approval must be made by the owners of the entire site. The application shall include the following:
A.
A title report showing record ownership of the parcel or parcels upon which the IOZ is to be developed.
B.
Adequate assurance for the retention and continued maintenance of common open space, and on-site facilities. If development is to be done in phases, each phase must be identified and meet the requirements of this section.
C.
Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet the requirement of this section.
D.
Final development plans that shall be in compliance with the approved preliminary development plans.
E.
The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.
F.
Development and phasing schedule.
G.
Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City.
H.
Covenants, conditions and restrictions and/or homeowners' association agreement.
(Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 22, 1/5/2016; Ord. 3517 § 7, 10/21/2014; Ord. 3294, 8/31/2007)
The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the IOZ and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final IOZ.
(Ord. 3294, 8/31/2007)
A.
Findings. The Council of the City of Port Angeles finds that:
1.
Within Port Angeles there are insufficient housing opportunities, including affordable and multi-family housing opportunities; and
2.
Adoption of the ordinance from which this chapter derives will help to increase and improve residential opportunities, including affordable and multi-family housing opportunities, within the City of Port Angeles.
B.
Purpose. The purposes of this chapter are to:
1.
Encourage more multi-family housing opportunities, including affordable housing opportunities, within the City;
2.
Stimulate the construction of new multi-family housing and the rehabilitation of existing vacant and underutilized buildings for multi-family housing opportunities;
3.
Increase the supply of mixed-income, multi-family housing opportunities within the City;
4.
Promote community development, neighborhood revitalization, and availability of affordable housing; and
5.
Encourage additional housing density in areas that are consistent with planning for public transit systems.
C.
Any one or a combination of these purposes may be furthered by the designation of residential target areas under this chapter.
(Ord. 3618 § 1, 2/5/2019)
The following definitions shall apply to this chapter:
1.
"Affordable housing," means residential housing, that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low or moderate-income households.
2.
"Assessor" means the Clallam County Assessor.
3.
"Building codes" means the City building and construction codes as set forth in Title 14 PAMC.
4.
"City" means the City of Port Angeles.
5.
"Council" means the Port Angeles City Council.
6.
"Director" means the City's Director of the Community and Economic Development Department and any authorized designee.
7.
"Household" means a single person, family or unrelated persons living together.
8.
"Local housing standards" means the International Property Maintenance Code, as adopted by the City of Port Angeles.
9.
"Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, for Clallam County, as reported by the United States Department of Housing and Urban Development.
10.
"Growth Management Act" means Chapter 36.70A RCW.
11.
"Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than 80 percent of the median family income adjusted for family size, for Clallam County, as reported by the United States Department of Housing and Urban Development.
12.
"Multiple-unit housing" means a single lot or a building or a group of buildings having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multi-family units may result from the combination of new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings or lots to multi-family housing.
13.
"Owner" means the property owner of record as filed with the Clallam County Assessor's Office.
14.
"Permanent residential occupancy" means multi-unit housing that provides either rental or owner occupancy on a non-transient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis.
15.
"Rehabilitation improvements" means modifications to existing structures that are vacant for 12 months or longer, or modification to existing occupied structures which convert non-residential space to residential space and/or increase the number of multi-family housing units.
16.
"Residential targeted area," also "residential target area," means an area within the City's urban governmental center that has been designated by the Council as lacking sufficient, available, desirable, and convenient residential housing to meet the needs of the public.
17.
"Substantial compliance" means compliance with all local building, fire and zoning code requirements, which are typically required for rehabilitation as opposed to new construction.
18.
"Urban governmental center" is an identifiable district containing several business establishments, adequate public facilities, and a mixture of uses and activities where residents may obtain a variety of products and services. For Port Angeles, the urban governmental center includes the entire incorporated area of the City.
A.
Criteria. Following public notice and a public hearing, the Council may, in its sole discretion, designate one or more residential target areas. Each designated target area must meet the following criteria, as determined by the Council:
1.
The target area is within an urban governmental center;
2.
The target area lacks sufficient available, desirable, and convenient residential housing, including multi-family and affordable housing, to meet the needs of the public who would be likely to live in the urban governmental center if affordable, desirable, attractive, and livable residences were available;
3.
The providing additional housing opportunity in the target area will assist in achieving one or more of the following purposes:
a.
Encourage increased residential opportunities within the target area, including mixed income and affordable housing opportunities; or
b.
Stimulate the construction of new multi-family housing and/or the rehabilitation of existing vacant and underutilized buildings for multi-family housing; or
c.
Where appropriate, stimulate the construction, rehabilitation or conversion of existing vacant and underutilized multi-family rental units to owner occupied multi-family housing as such property redevelops.
4.
In designating a residential target area, the Council may also consider other factors, including, but not limited to: whether additional housing, including affordable housing units, in the target area will attract and maintain an increase in the number of permanent residents; whether an increased permanent residential population in the residential targeted area will help to achieve the goals and policies described in the City's comprehensive plan or mandated by the Growth Management Act under Chapter 36.70A.020 RCW; whether encouraging additional housing in the target area is consistent with public transportation plans; and whether additional housing may contribute to revitalization of distressed neighborhoods or areas within the target area.
5.
When designating a residential target area, the Council shall give notice of a hearing to be held on the matter and that notice shall be published once each week for two consecutive weeks, not less than seven days nor more than 30 days before the date of the hearing. The notice must state the time, date, place and purpose of the hearing and generally identify the area proposed to be designated.
B.
Target area standards and guidelines. For each designated residential target area, the Council shall adopt and implement basic requirements for both new construction and rehabilitation, including the application process and procedures. The Council may also adopt guidelines including the following:
1.
Requirements that address demolition of existing structures and site utilization;
2.
Building requirements that may include elements addressing parking, building height, residential density, access to alternative transportation facilities, environmental impact, public benefit features, compatibility with the surrounding properties, and other site layout and design amenities intended to enhance the livability of the residential target area;
3.
More stringent income eligibility, rent, or sale price limits, including limits that apply to a higher percentage of units than the minimum conditions under PAMC 17.46.100.
The required amenities shall be proportional to the size of the proposed project and the tax benefit to be obtained.
C.
Designated residential target areas. The following areas, as depicted in Figure 1 and the City's adopted map known as "Residential Targeted Areas," have been designated as residential target areas in the City by resolution adopted by the City Council on January 15, 2019.
Figure 1
(Ord. 3618 § 1, 2/5/2019)
A.
Duration of exemption. For properties for which applications are submitted under Chapter 84.14 RCW, the value of improvements qualifying under this chapter is exempt from ad valorem property taxation as follows:
1.
For eight successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate;
2.
For 12 successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under Chapter 84.14 RCW and meets the conditions in this subsection. For the property to qualify for the 12-year exemption under this subsection, the applicant must commit to renting or selling at least 20 percent of the multi-unit housing units as affordable to low and moderate income households as set forth below:
a.
Owner occupancy. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate-income households during the authorized exemption period.
b.
Rental occupancy. In the case of projects intended for rental occupancy, the minimum requirement of this subsection must be satisfied based on affordability requirements outlined in PAMC 17.46.040.C.9.
B.
Limits on exemption. The exemption does not apply to the value of land or to the value of non-housing related improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land and non-qualifying improvements, or to increases made by lawful order of the Clallam County Board of Equalization, the Washington State Department of Revenue, State Board of Tax Appeals, or Clallam County, to a class of property throughout the county or a specific area of the county to achieve uniformity of assessment or appraisal as required by law. In the case of rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to submission of the completed application as required under PAMC 17.46.050. The incentive provided by this chapter is in addition to any other incentives, tax credits, grants, or other incentives provided by law.
C.
Project eligibility. To be eligible for exemption from property taxation, the property must satisfy all of the following requirements:
1.
Applications. The Director shall have exclusive authority to determine whether an application is complete. Only complete applications are eligible to be considered for the tax exemptions authorized by this chapter.
2.
Size. The project must include multi-family housing within a residential structure or as part of a mixed-use development. This requirement can be satisfied either by constructing a minimum of four new units in a residential structure, or constructing or converting at least four additional multi-family units to existing occupied multi-family housing. Additionally, this requirement can be satisfied by increasing the number of residential units on a lot to four, excluding ADUs or other accessory housing types. Existing multi-family housing that has been vacant for 12 months or more does not have to provide additional units so long as the project provides for occupancy at least four units of new, converted, or rehabilitated multi-family housing.
3.
Tenant displacement prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. Existing dwelling units proposed for rehabilitation must have been unoccupied for a minimum of 12 months prior to submission of application and must have two or more violations of the applicable City building codes. Applications for new construction cannot be submitted for vacant property upon which an occupied residential rental structure previously stood, unless a minimum of 12 months has elapsed from the time of most recent occupancy.
4.
Permanent residential housing. At least 50 percent of the space designated for multi-family housing must be provided for permanent residential occupancy, as defined in PAMC 17.46.020.
5.
Proposed completion date. New construction multi-unit housing and rehabilitation improvements must be scheduled to be completed within three years from the date of approval of the application.
6.
Compliance with guidelines and standards. The project shall be designed to comply with the City's comprehensive plan, building, housing, and zoning codes, the standards and guidelines adopted by the Council for the residential target area, and with any other applicable regulations in effect at the time the application is approved.
7.
Historic resource protection.
a.
Applications for new construction that require the demolition of structures listed in the local, state or national register, or identified as contributing to an historic district in the City's historic property survey are not eligible for the multi-family tax exemption.
8.
Affordability. Projects intended for rental occupancy seeking a 12-year tax exemption shall provide 20 percent of the multi-unit housing to households whose adjusted income is at or below 80 percent of median family income adjusted for family size in Clallam County.
9.
Contract. The applicant must enter into a contract with the City, approved by the Director, under which the applicant agrees to the implementation of the development on terms and conditions consistent with this chapter and Chapter 84.14 RCW and satisfactory to the Director.
A.
For properties that qualified for, satisfied the conditions of, and utilized the exemption under PAMC 17.46.040.A.2, following the initial exemption period or the extension period authorized in this section, the exemption period may be extended for an additional 12 years for projects that are within 18 months of expiration contingent on City approval. For the property to qualify for an extension under this section, the applicant must meet at a minimum the locally adopted requirements for the property to qualify for an exemption under PAMC 17.46.040.A.2 as applicable at the time of the extension application, and the applicant commits to renting or selling at least 20 percent of the multi-family housing units as affordable housing units for low-income households.
B.
At the end of both the tenth and eleventh years of an extension, for 12-year extensions of the exemption, applicants must provide tenants of rent-restricted units with notification of intent to provide the tenant with rental relocation assistance:
1.
Except as provided in B of this section, for any 12-year exemption authorized under PAMC 17.46.040.A.2 after July 25, 2021, or for any 12-year exemption extension authorized under this section, at the expiration of the exemption the applicant must provide tenant relocation assistance in an amount equal to one month's rent to a qualified tenant within the final month of the qualified tenant's lease. To be eligible for tenant relocation assistance under this subsection, the tenant must occupy an income-restricted unit at the time the exemption expires and must qualify as a low-income household under this chapter at the time relocation assistance is sought.
2.
If affordability requirements consistent, at a minimum, with those required under PAMC 17.46.040.A.2 remain in place for the unit after the expiration of the exemption, relocation assistance in an amount equal to one month's rent must be provided to a qualified tenant within the final month of a qualified tenant's lease who occupies an income-restricted unit at the time those additional affordability requirements cease to apply to the unit.
C.
No new exemptions may be provided under this section beginning on or after January 1, 2032. No extensions may be granted under subsection A of this section on or after January 1, 2046.
(Ord. 3710 § 1(Att. A), 3/21/2023)
A.
The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation is for 20 successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this section:
1.
At least 25 percent of the units must be built by or sold to a qualified nonprofit or local government that will assure permanent affordable homeownership. The remaining 75 percent of units may be rented or sold at market rates;
2.
Permanently affordable homeownership units or permanently affordable rental units must be sold or rented to households earning no more than 80 percent of the average median income for the City or local jurisdiction in which the unit is located;
3.
The City may assign and collect an administration fee at each point of sale to cover the administrative costs for oversight of the program to maintain permanently affordable housing units consistent with this section;
4.
The exemptions in this section do not include the value of land or nonhousing-related improvements not qualifying under this chapter;
5.
For purposes of this section, "permanently affordable homeownership" means homeownership that, in addition to meeting the definition of "affordable housing" in RCW 43.185A.010, is:
a.
Sponsored by a nonprofit organization or governmental entity;
b.
Subject to a ground lease or deed restriction that includes:
i.
A resale restriction designed to provide affordability for future low and moderate-income homebuyers;
ii.
A right of first refusal for the sponsor organization to purchase the home at resale; and
iii.
A requirement that the sponsor must approve any refinancing, including home equity lines of credit; and
c.
Sponsored by a nonprofit organization or governmental entity and the sponsor organization:
i.
Executes a new ground lease or deed restriction with a duration of at least 99 years at the initial sale and with each successive sale; and
ii.
Supports homeowners and enforces the ground lease or deed restriction.
B.
The Department of Commerce must develop a template for permanent affordability for home or condo ownership through deed restrictions that can be used by the City to ensure compliance with this section.
C.
No new exemptions may be provided under this section beginning on or after January 1, 2032.
(Ord. 3710 § 1(Att. A), 3/21/2023)
A.
The owner of property applying for exemption under this chapter shall submit an application to the Director, on a form established by the Director. The owner shall verify the application by oath or affirmation. The application shall contain such information as the Director may deem necessary or useful.
B.
In the case of rehabilitation or where demolition or new construction is required, the owner shall secure from the City, before commencement of rehabilitation improvements or new construction, verification of property noncompliance with applicable building and housing codes.
C.
To encourage development of housing pursuant to this chapter, the City is waiving all fees for applications made pursuant to this chapter.
D.
The Director shall notify the applicant within 30 days of the application being filed if the Director determines that an application is not complete and shall identify what additional information is required before the application will be complete. Within 30 days of receiving additional information, the Director shall notify the applicant in writing if the Director determines that the application is still not complete, and what additional information is necessary.
E.
An application shall be deemed to be complete if the Director does not notify the applicant in writing by the deadlines in this section that the application is incomplete; however, a determination of completeness does not preclude the Director from requiring additional information during the review process if more information is needed to evaluate the application according to the criteria in this chapter.
F.
Application review and issuance of conditional certificate. The Director may certify as eligible an application if the Director finds that:
1.
A minimum of four new units are being constructed, or in the case of occupied rehabilitation or conversion, the development results in a at least four residential units being located on a single lot;
2.
If applicable, the proposed multi-unit housing project meets the affordable housing requirements as described in RCW 84.14.040.A;
3.
The proposed project is, or will be at the time of completion, in conformance with all local laws and regulations that apply at the time the application is approved;
4.
The owner has complied with all standards and guidelines adopted by the City under this chapter;
5.
The site is located in a residential targeted area of an urban center that has been designated in accordance with procedures and guidelines indicated in RCW 84.14.040; and
6.
That the proposed project otherwise complies with the requirements of this chapter and Chapter 84.14 RCW.
G.
A decision to approve or deny an application shall be made within 90 days of receipt of a complete application.
1.
Approval. If an application is conditionally approved, the applicant shall enter into a contract with the city regarding the terms and conditions of the project as provided in PAMC 17.47.040.A.9. The Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate expires three years from the date of approval unless an extension is granted as provided in this chapter.
2.
Denial. The Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten days of the denial. The applicant may appeal the Director's decision to the hearing examiner. If so, the City's Hearings Examiner shall conduct the appeal hearing and grant or deny the appeal within 30 days of receipt of notice. The appeal before the Hearings Examiner will be based upon the record before the Director, and the Director's decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Director's decision.
The conditional certificate may be extended beyond its initial three-year term by the Director for a period not to exceed 24 consecutive months. The applicant must submit a written request stating the grounds for the extension, accompanied by the fee as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A. No conditional certificate shall be is eligible for more than one such extension. An extension may be granted if the Director determines that:
1.
The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner;
2.
The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence;
3.
The project will comply with the City's development regulations, building, housing, and zoning codes, and any other applicable regulations in effect at the time the extension of the conditional certificate is granted; and
4.
All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project.
(Ord. 3719 § 1, 9/5/2023; Ord. 3710 § 1(Att. A), 3/21/2023; Ord. 3618 § 1, 2/5/2019)
A.
Upon completion of the rehabilitation improvements or new construction as provided in the contract between the applicant and the City, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the applicant may request a final certificate of tax exemption. The applicant shall file with the Director such information as the Director may deem necessary or useful to evaluate eligibility for the final certificate, and shall include:
1.
A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property;
2.
A description of the completed work with evidence of final City inspection of all work completed and a statement of qualification for the exemption;
3.
A statement that the work was completed within the required three-year period or any authorized extension; and
4.
If applicable, a statement that the project meets the affordable housing requirements as described in this chapter.
B.
Issuance of final certificate. Within 30 days of receipt of all materials required for a final certificate, the Director shall determine whether the completed work, and the affordability of the units, is consistent with the contract between the City and owner and is qualified for exemption under this chapter.
1.
If the director determines that the project has been completed in accordance with the contract between the applicant and the City and the requirements of this chapter, including, if applicable, affordable housing requirements, the City shall file a final certificate of tax exemption with the assessor within ten days of the expiration of the 30-day period provided under subsection C of this section.
2.
The Director is authorized to require the applicant or owner to record, in the real property records of the Clallam County Assessor, the contract with the City required under PAMC 17.46.040.A.8, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the Director deems appropriate for recording.
3.
The Director shall notify the applicant in writing that the City will not file a final certificate if the Director determines that the project was not completed within the required three-year period or any approved extension, was not completed in accordance with the contract between the applicant and the City and the requirements of this chapter, if applicable, that the affordable housing requirements as described this chapter were not met, or if the owner's property is otherwise not qualified.
C.
Within 14 days of receipt of the Director's denial of a final certificate, the applicant may file an appeal with the hearing examiner, as provided in PAMC 2.56.050.B. The applicant may appeal the hearing examiner's decision to Clallam County Superior Court, if the appeal is filed within 30 days of receiving notice of the Hearing Examiner's decision.
(Ord. 3618 § 1, 2/5/2019)
A.
Within 30 days after the first anniversary of the date of filing the final certificate of tax exemption and each year thereafter, for the tax exemption period, the property owner, or the qualified nonprofit or local government that will assure permanent affordable homeownership for at least 25 percent of the units for properties receiving an exemption under RCW 84.14.021, shall file a notarized declaration with the Director indicating the following:
1.
A statement of occupancy and vacancy of the multi-family units during the previous year; and
2.
A certification that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements of this chapter since the date of filing of the final certificate of tax exemption, and continues to be in compliance with the contract with the City and the requirements of this chapter; and
3.
A description of any subsequent improvements or changes to the property; and
4.
A report on affordable housing utilization, if applicable, including:
a.
The total monthly rent or total sale amount of each unit produced;
b.
The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied units at the time of purchase for each of the units receiving a tax exemption; and
c.
Any additional information requested by the City in regards to the units receiving a tax exemption.
B.
City staff shall have the right to conduct on-site verification of the declaration.
C.
Failure to submit the annual declaration may result in the tax exemption being canceled.
D.
The City shall report annually by December 31st of each year to the Washington State Department of Commerce as required by RCW 84.14.100(2).
A.
If at any time the Director determines that the property no longer complies with the terms of the contract or with the requirements of this chapter, or for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalty imposed pursuant to state law.
B.
Upon determining that a tax exemption shall be canceled, the Director shall notify the property owner by certified mail, return receipt requested.
1.
The property owner may appeal the determination by filing a notice of appeal with the Hearings Examiner within 30 days, specifying the factual and legal basis for the appeal.
2.
The Hearing Examiner will conduct a hearing at which all affected parties may be heard and all competent evidence received.
3.
The Hearing Examiner will affirm, modify or repeal the decision to cancel the exemption based on the evidence received. The Hearing Examiner shall give substantial weight to the Director's decision and the burden of overcoming that weight shall be upon the appellant.
4.
An aggrieved party may appeal the Hearing Examiner's decision to the Clallam County Superior Court as provided in RCW 34.05.510 through RCW 34.05.598.
C.
If the property owner sells the affordable multi-family housing units, the new property owner shall file with the City a report indicating that the unit was purchased at a value affordable to low and moderate income persons, to continue to comply with the 20 percent requirement of RCW 84.14.020(1)(ii)(B).
D.
If the owner intends to convert the multi-family housing to another use, or if applicable, if the owner intends to discontinue compliance with the affordable housing requirements as described in RCW 84.14.020(1)(ii)(B), or any other condition to exemption, the owner must notify the Director and the Assessor within 60 days of the change in use or intended discontinuance. If after the issuance of a final tax certificate an owner-occupied multi-family housing unit that initially qualified as a low or moderate-income unit is sold and no longer qualifies as an affordable housing unit, that unit shall lose its tax exempt status and all prior exempt taxes and penalties and interest shall become a lien on the property per RCW 84.14.110 and the subsequent owner shall no longer qualify for the tax exemption. The remaining units' tax exemption status shall not be affected.
E.
The Director may adopt administrative policies and procedures which are not inconsistent the provisions of this chapter and Chapter 84.14 RCW, to implement the reporting requirement for this section.
(Ord. 3618 § 1, 2/5/2019)
A.
Not later than the last day of January, 2022, the Director shall report to the Council about the utilization and consequences of the tax exemption created by this chapter. Such report shall include the number of applications filed, the number of tax exemptions granted, the number of housing units created or rehabilitated, and any facts that indicate whether the tax exemption program created by this chapter should, or should not, continue to be available past the last day of February, 2022, as now provided in subsection 17.46.040.C.1.
B.
If and when five projects have been granted tax exemptions under this chapter, the Director shall report to the Council about the utilization and consequences of the tax exemption created by this chapter. Such report shall include the number of applications filed, the number of projects successfully completed, the number of housing units created or rehabilitated, and any additional facts that indicate whether the tax exemption program created by this chapter is achieving any of the purposes identified in subsection 17.46.010.B.
(Ord. 3618 § 1, 2/5/2019)
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. 3059 § 3 (part), 7/28/2000)
A.
"Adult entertainment business" includes 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.
"Commercial zones" includes the Commercial, Office (CO) Zone, the Commercial, Neighborhood (CN) Zone, the Community Shopping District (CSD) Zone, the Commercial, Arterial (CA) Zone, and the Central Business District (CBD) Zone.
C.
"Industrial zones" includes the Industrial Park (1P) Zone, the Industrial, Light (IL) Zone, and the Industrial, Heavy (IH) Zone.
D.
"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.
E.
"Residential zone" includes the Residential, Single-family (RS-7 and RS-9) Zones, the Residential Trailer Park (RTP) Zone, the Residential, Medium Density (RMD) Zone, and the Residential, High Density (RHD) Zone.
(Ord. 3059 § 3 (part), 7/28/2000)
A.
Adult entertainment businesses shall be prohibited in all residential and commercial zones.
B.
Adult entertainment businesses shall be permitted in industrial zones, if the adult entertainment business is located no closer than 500 feet from another adult entertainment business, whether such business is located within or outside the City limits, no closer than 500 feet from any residential zone, whether such zone is located within or outside the City limits, and no closer than 500 feet from any of the following uses, whether such uses are located within or outside the City limits:
1.
Public park, including public recreation trail;
2.
Public library;
3.
Child day-care center, preschool, or nursery school;
4.
Public or private primary or secondary school (grades K—12); and
5.
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.
C.
If, after the adoption of this chapter, a public park or library, child day-care facility, a school or church should chose to locate in a zone that authorizes adult entertainment businesses, it shall do so at its own risk and without the protection of the separation requirements of this chapter.
D.
The distances provided in this section shall be measured by the shortest pedestrian route following improved public rights-of-way from the nearest point of the property parcel upon which an adult entertainment business is to be located to the nearest point of a property parcel of a use or zone from which an adult entertainment business is to be separated.
(Ord. 3059 § 3 (part), 7/28/2000)
All signs shall be in compliance with the regulations for such signs as set forth in Chapter 14.36 Sign Code Requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication.
(Ord. 3123 § 23, 10/11/2002; Ord. 3059 § 3 (part), 7/28/2000)
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. 3059 § 3 (part), 7/28/2000)
A.
The Communications Act of 1934 as amended by the Telecommunication Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
1.
The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and
2.
The regulation of radio signal interference among users of the RF spectrum.
B.
The City's regulation of wireless telecommunications towers and facilities in the City will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
The general purpose of this ordinance is to regulate the placement, construction, and modification of wireless telecommunications towers and facilities in order to protect the health, safety and welfare of the public, while at the same time encouraging the development of the competitive wireless telecommunications marketplace in the City.
B.
The specific purposes of this ordinance are:
1.
To allow the location of wireless telecommunication towers and facilities in the City;
2.
To protect residential zones from potential adverse impact of towers and telecommunications facilities;
3.
To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;
4.
To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
5.
To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities;
6.
To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound;
7.
To ensure that towers and telecommunications facilities are compatible with surrounding land uses; and
8.
To overcome the potential adverse impacts that poorly or unregulated telecommunications facilities could have on the public health, safety and welfare.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
The following shall be considered exempt structures or activities under this chapter:
A.
Parabolic or other similar antenna 39.37 inches (one meter or less) diameter or less regardless of zone.
B.
Parabolic or other similar antennas 78.74 inches (two meters) in diameter or less located in nonresidential zones.
C.
Panel, wave, or other similar antennas ten square feet or less regardless of zone.
D.
Whip or other similar antennas six feet in height and up to two inches in diameter.
E.
Antennas designed to receive local television broadcast signals regardless of zone category.
F.
Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within public right-of-way. Low-powered, networked telecommunications facilities shall comply with Chapter 11.14 PAMC.
G.
Send and receive citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators.
H.
Industrial, scientific and medical equipment using frequencies regulated by the FCC.
I.
Military, federal, state and local government communication towers used for navigational purposes, emergency preparedness, and public safety purposes.
J.
Normal, routine and emergency maintenance and repair of existing wireless communications facilities and related equipment which do not increase the size, footprint, or bulk of such facilities and which otherwise comply with City, state and federal law and regulations.
K.
Cell on wheels (COW), which are permitted as temporary testing uses in nonresidential areas of the City for a period not to exceed 30 days, or in residential areas for a period not to exceed one day, or during a period of emergency as declared by the City.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Towers may be located in any zone with approval of an unclassified use permit (UUP). Co-location shall be given first priority and may be required. The use of public properties shall be subject to approval by the City and the City's determination that the public's intended use of the site will not be unreasonably hindered. Application for an unclassified use permit shall be made to the Department of Community and Economic Development in the manner provided in this chapter. An application to locate a new tower shall be accompanied by technical information identifying and documenting the need for such a location per subsection 17.52.025.C PAMC.
B.
Towers may not exceed the maximum height allowed for structures in any residential zone unless a modification has been approved per section 17.52.085 PAMC. Towers shall be permitted to a height of 60 feet in commercial zones except in the Central Business District zone where the maximum height allowed shall be 45 feet. In industrial, public buildings and parks, and forest lands zones, towers shall be permitted to a height of 60 feet, and towers may be permitted in excess of 60 feet to a height of 120 feet in accordance with a modification approved per section 17.52.085 PAMC.
C.
An application to develop a new tower shall be by unclassified use permit and shall include the following information:
1.
The name, address, and telephone number of the owner and lessee of the parcel of land upon which the proposed tower is to be situated. If the applicant is not the owner of the parcel of land upon which the proposed tower is to be situated, the written consent of the owner shall be evidenced in the application. If the applicant is not the owner of the property, a copy of the preliminary lease agreement is required to be provided with the application. A copy of the final agreement shall be submitted prior to issuance of a building permit for the structure.
2.
The legal description, parcel number, and address of the parcel of land upon which the proposed tower is to be situated.
3.
The names, addresses, and telephone numbers of all owners of other towers or antenna support structures, capable of supporting the applicant's telecommunications facilities, within 300 feet of the proposed tower site, including City-owned property.
4.
A description of the design plan proposed by the applicant in the City. Applicant must identify whether or not it is utilizing the most compact, or least obtrusive, technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for the proposed tower and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.
5.
An affidavit shall be submitted attesting to the fact that the applicant made diligent efforts to obtain permission to install or co-locate the proposed telecommunications facilities on existing towers or antenna support structures located within a one-half mile radius of the proposed tower site, but, due to physical, economic, or technological constraints, no such existing tower or antenna support structure is available or feasible.
6.
Written technical evidence from an engineer(s) of the tower's capability of supporting additional telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the proposed tower.
7.
A written statement from an engineer(s) that the construction and placement of the proposed tower and telecommunications facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.
8.
It shall be a condition of the UUP approval that certification by the applicant will meet the standards set forth in section 17.52.035, "Structural Requirements."
9.
A written statement by the applicant stating the tower and telecommunications facilities will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
10.
A written statement by the applicant that the tower will accommodate co-location of additional antennas for future users at a reasonable, market-based cost. If accommodation of future co-location is not proposed, information must be submitted with the application detailing why future co-location is not possible.
11.
In order to assist the Department of Community and Economic Development and Planning Commission in evaluating visual impact, the applicant shall submit color photo-simulations showing the proposed site with a photo-realistic representation of the proposed tower and telecommunications facilities as it would appear viewed from the closest residential property and from adjacent roadways.
12.
The City may require a qualified, independent third-party review (by a City-approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant.
13.
The Act gives the FCC sole jurisdiction of the regulation of RF emissions and does not allow the City to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.
14.
At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall telecommunications network within the City. This shall include a service area coverage chart for the proposed tower and telecommunications facilities that depicts the extent of coverage and corresponding signal quality at the proposed tower height and at least one height lower than that proposed.
15.
A preliminary construction schedule and completion date.
16.
Copies of any environmental documents required by any federal, state, or local agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
17.
A full site plan shall be required for all towers, showing the location, the specific placement of the tower on the site, the type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures.
18.
Applicants for new communications towers shall contact all law enforcement, fire, and other public safety and emergency services agencies within the City prior to application submittal to determine whether or not the agencies are interested in co-location and, if so, what the agencies specifications are. If any such agency decides to co-locate, then any new towers approved under this chapter shall be designed for, and the owner shall not deny, co-location.
D.
The City shall review applications in a prompt manner and all decisions shall be made in writing and setting forth the reasons for approval or denial.
E.
Decisions on unclassified use permits require a public hearing. The public hearing shall be conducted before the Planning Commission following which the Planning Commission shall render a decision supported by findings of fact and conclusions of law. Appeal of the Planning Commission's decision must be submitted within 14 days to the Department of Community and Economic Development for consideration by the City Council.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
B.
Setback requirements may be modified, as provided in section 17.52.085 PAMC, when placement of a tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees, which may visually hide the tower.
C.
Unless exempt from section 17.52.020 PAMC, telecommunications facilities shall be setback at least 25 feet from each lot line. The Community and Economic Development Director may grant a waiver of up to 25 percent of the setback requirement if it is determined that significant trees and other vegetation will be retained by reducing the setback.
D.
Towers in excess of 60 feet in height shall be set back one additional foot per each foot of tower height in excess of 60 feet.
(Ord. 3089 § 1 (part), 6/29/2001)
It shall be a condition of the unclassified use permit (UUP) that all towers must be designed and certified by an engineer to be structurally sound and, at a minimum, in conformance with the Building Code and any other standards set forth in this chapter. All towers shall be fixed to land.
(Ord. 3089 § 1 (part), 6/29/2001)
For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of City jurisdictional boundaries.
A.
Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to the Zoning Code:
1.
Monopole tower structures shall be separated from other telecommunications towers by a minimum of 750 feet.
2.
Self-supporting lattice or guyed tower structures shall be separated from other telecommunications towers by a minimum of 1,500 feet.
B.
Tower separation distances from any property that is zoned residential shall be set back one foot for each foot of tower height.
C.
Separation or buffer requirements may be modified as provided in section 17.52.085 PAMC.
(Ord. 3089 § 1 (part), 6/29/2001)
Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from average grade.
(Ord. 3089 § 1 (part), 6/29/2001)
Towers shall not be artificially lighted except as specified by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance from the tower which is three times the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA.
(Ord. 3089 § 1 (part), 6/29/2001)
Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the Planning Commission.
(Ord. 3089 § 1 (part), 6/29/2001)
All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The City may require on-site landscaping in excess of the requirements in the Zoning Code in order to enhance compatibility with adjacent land uses. Tower development shall preserve the pre-existing character of the site as much as possible. Towers and accessory equipment structures (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved to the extent possible or improved upon to provide vegetative screening.
The perimeter of a wireless communication support structure and any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in height. Evergreen trees shall be planted surrounding the support structure in a manner approved by the Community and Economic Development Director. In the RS-7 and RS-9 Zones, the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site-specific conditions.
(Ord. 3089 § 1 (part), 6/29/2001)
Telecommunications facilities may be permitted on any tower or antenna support structure. Application for a conditional use permit shall be made to the Department of Community and Economic Development in the manner provided in this chapter for telecommunications facilities that are not exempt per section 17.52.020 PAMC. The applicant shall, by written certification to the Department of Community and Economic Development, establish the following at the time plans are submitted for a building permit:
A.
A conditional use permit application to develop telecommunications facilities shall include the following:
1.
The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower or antenna support structure is situated. If the applicant is not the owner of the parcel of land upon which the tower or antenna support structure is situated, the written consent of the owner shall be evidenced in the application.
2.
The legal description, parcel number and address of the parcel of land upon which the tower or antenna support structure is situated.
3.
A description of the design plan proposed by the applicant. The applicant must identify whether or not it is utilizing the most compact, or least obtrusive, technological design, including microcell design, as part of the design plan.
4.
A written statement from an engineer(s) that the construction and placement of the telecommunications facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.
5.
It shall be a condition of any conditional use permit approval that the applicant shall provide certification that the proposed structure will meet the standards set forth in section 17.52.035 PAMC.
6.
A written statement by the applicant stating the telecommunications facilities will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
7.
In order to assist the Department of Community and Economic Development and Hearing Examiner in evaluating visual impact, the applicant shall submit color photo-simulations showing the tower or antenna support structure with a photo-realistic representation of the proposed telecommunications facilities, as it would appear viewed from the closest residential property and from adjacent roadways.
8.
At the request of the Department of Community and Economic Development, the City may require a qualified, independent third-party review (by a City-approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant.
9.
The Act gives the FCC sole jurisdiction of the regulation of RF emissions and does not allow the City to condition or deny on the basis of RF Impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.
10.
A preliminary construction schedule and completion date.
11.
Copies of any environmental documents required by any federal agency, if available. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
12.
A full site plan shall be required for all sites, showing the location, the specific placement, type and height of the proposed telecommunications facilities, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed telecommunications facilities, the location of existing towers and antenna support structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures.
B.
Telecommunications facilities that are not appurtenant structures and that are located above the top of the antenna support structure shall be appropriately screened from view through the use of panels, walls, fences, setbacks from the edge of the antenna support structure or other screening techniques approved by the City. Screening requirements shall not apply to stealth antennas that are mounted below the top of the antenna support structure but which do not protrude more than 18 inches from the side of such an antenna support structure.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
A.
A tower existing prior to the effective date of this ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified, provided that:
1.
The tower is being modified for the sole purpose of accommodating, within six months of the completion of the modification, additional telecommunications facilities comparable in size to the discrete operating telecommunications facilities of any person currently installed on the tower and with a surface area not to exceed the previous facilities.
2.
An application for a development permit is made to the Department of Community and Economic Development which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.
3.
The height of the modified tower and telecommunications facilities attached thereto does not exceed the existing height of the tower and facilities as of the date of this ordinance or as hereafter amended, whichever is higher.
B.
Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days without being brought into compliance with this chapter. This chapter shall not be interpreted to legalize any structure or use existing at the time this ordinance is adopted which structure or use is in violation of the Zoning Code prior to enactment of this ordinance.
(Ord. 3517 § 8, 10/21/2014; Ord. 3089 § 1 (part), 6/29/2001)
A.
All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Port Angeles Municipal Code and federal and state law. For new towers, such certification shall be submitted with an application pursuant to section "development of towers" of this chapter.
B.
The City or its agents shall have authority to enter onto the property upon which a tower is located, to inspect the tower for the purpose of determining whether it complies with the Building Code and all other construction standards provided by the Port Angeles Municipal Code and federal and state law.
C.
The City reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
B.
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.
C.
All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
D.
All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed construction personnel.
E.
All towers shall maintain compliance with current RF emission standards of the FCC.
F.
In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
(Ord. 3089 § 1 (part), 6/29/2001)
A.
Notwithstanding the tower requirements provided in this chapter, a modification to the development standards may be approved by the Hearing Examiner as an unclassified use in accordance with the following:
1.
In addition to the requirement for a tower application, the application for modification shall include the following:
a.
A description of how the proposed plan addresses any adverse impact that might occur as a result of approving the modification.
b.
A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the proposed modification.
c.
A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.
d.
For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for co-location, and the result of such attempts.
e.
The Department of Community and Economic Development may require the application to be reviewed by a qualified, independent engineer under contract to the City to determine whether the antenna study supports the basis for the modification requested. The cost of review by the engineer shall be reimbursed to the City by the applicant.
2.
The Hearing Examiner shall consider the application for modification based on the following criteria:
a.
That the tower as modified will be compatible with and not adversely impact public health and safety of surrounding areas.
b.
Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.
c.
In addition, the Hearing Examiner may include conditions on the site where the tower is to be located if such conditions are necessary to mitigate any adverse impacts which arise in connection with the approval of the modification.
B.
In addition to the requirements of subsection A. of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following:
1.
In the case of a requested modification to the setback requirement, section 17.52.030 PAMC, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land.
2.
In the case of a request for modification of the separation and buffer requirements of section 17.52.040 PAMC, that written technical evidence from an engineer(s) demonstrates that the proposed tower must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system, and that the applicant is willing to create approved landscaping and other buffers to screen the tower.
3.
In the case of a request for modification of the height limit for towers or to the minimum height requirements for antenna support structures, that the modification is necessary to: (i) facilitate co-location of telecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than 120 feet shall be approved in any case.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
A.
If any tower shall cease to be used for a period of 365 consecutive days, the Department of Community and Economic Development shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Hearing Examiner that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the City shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.
B.
To secure the obligation set forth in this section, the applicant (and/or owner) shall post a performance bond for the purpose of ensuring adequate removal of the tower upon termination of its use. The performance bond shall be equal to or greater than 150 percent of the estimated cost of removal of the tower, but not less than $1,000.00. Proof of performance bonds shall be submitted prior to final permit approval.
(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)
The use of a temporary wireless service facility may be permitted for up to six months by the Community and Economic Development Director. A temporary wireless service facility is the use of equipment such as a COW or an antenna on a bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a personal wireless facility. Such temporary facility may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a personal wireless facility or for providing communications during an emergency.
(Ord. 3089 § 1 (part), 6/29/2001)
The foregoing regulations pertaining to the several zones must be subject to the general provisions, conditions, and exceptions contained in this chapter.
(Ord. 3688 § 36, 12/21/2021; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 1, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
A.
De minimis variance: Adjustment to the lot area of no more than five percent of the minimum lot size established by the underlying zone.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2666 § 8 (part), 1/17/1992; Ord. 2238 § 2, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.030 entitled "Use of lots or parcels containing more than minimum required lot area," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3272, adopted Feb. 16, 2007; Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 3, adopted Jan. 3, 1983; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
Every wrecking, salvage, junk, used lumber yards, equipment and material storage yards must be completely enclosed within a building or within a continuous solid fence no less than six feet in height or to a greater height if such height is needed to screen completely all the operations of such yards.
B.
Salvage and building material establishments must contain all items for display or sale within a structure or behind a sight-obscuring fence not less than six feet in height. No part of any required front, side or rear yard setbacks must be used for the sale or display of any said items.
(Ord. 3688 § 36, 12/21/2021; Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted § 17.94.040 entitled "Measurement of front and side yards", and enacted a new section as set out herein. The former § 17.94.040 derived from Ord. 2668 § 10 (part), adopted Jan. 17, 1992; Ord. 2238 § 5, adopted Jan. 3, 1989; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
Vacated streets, alleys, places and cul-de-sacs must assume the zone classifications of the property that adjoined such street, alley, place or cul-de-sac prior to vacation. Where zone classification differs from one side to the other the boundary line must be at the former center line of such vacated street, alley, place or cul-de-sac.
A.
A building or structure must not be erected on a lot that abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by these regulations.
B.
This section applies to all zones.
C.
Where an official control adopted pursuant to law includes plans for widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by these regulations, must relate to the future street boundaries as determined by said official control.
(Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 7, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3736, § 1, adopted Oct. 15, 2024, repealed § 17.94.065, which pertained to development standards for conditional uses in residential zoning and derived from Ord. 3577 § 1, adopted March 21, 2017; Ord. 3644 § 1, adopted Nov. 6, 2019; Ord. 3688 § 36, adopted Dec. 21, 2021; Ord. 3710 § 1, adopted March 21, 2023; and Ord. 3728 § 14(Exh. C), adopted March 5, 2024.
When the side lot line of a lot in any zone adjoins the side lot line of a lot in a more restrictive zone, the adjoining side yard for such lot must not be less than the minimum side yard required in the more restrictive zone.
(Ord. 3688 § 36, 12/21/2021; Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 8, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Note— See the editor's note to § 17.94.070.
Except as provided in this chapter, every required yard and unobstructed space must be open and unobstructed from the ground to the sky. No yard or unobstructed space provided around any building for the purpose of complying with the provisions of these regulations must be considered as providing a yard or unobstructed space on an adjoining lot or parcel whereon a building is to be erected.
(Ord. 3688 § 36, 12/21/2021; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 9, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
All corner and reverse corner lots must maintain a triangular area within which no tree, fence, shrub, wall or other physical obstruction must be permitted higher than 30 inches above the established grade for vision safety purposes. Said triangular area must be measured as follows:
A.
Street intersections. At any intersection of two streets, curbs or sidewalks, two sides of said triangular area must extend 20 feet along both improvements, measured from their point of intersection.
B.
Street and alley intersections. At any intersection of street and alley rights-of-way, two sides of said triangular area must extend ten feet along both rights-of-way, measured from their point of intersection.
C.
Street and driveway intersections. At any intersection of a street, curb or sidewalk and a driveway, the sides of each required triangular area must extend ten feet along the street right-of-way line and 20 feet along the edge of the driveway, measured from the point of intersection of each side of the driveway and the street right-of-way line.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 10, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Width, location and number of curb-cuts for driveways per lot must be as specified in the City of Port Angeles Urban Services Standards and Guidelines Manual.
(Ord. 3688 § 36, 12/21/2021; Ord. 3572 § 23, 12/20/2016; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 11, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
All space used for the sale, display, or parking of any merchandise or vehicles must be confined to the property lines. No space for the sale, display, or parking of any merchandise or vehicles must be permitted in the right-of-way of any public street, unless a right-of-way use permit is first obtained. Discretionary approvals required under the Zoning Code may be conditioned to require the necessary screening, lighting, entrances, and exits for off-street parking.
The following intrusions may project into any required yards:
A.
Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part.
B.
Exterior residential elevators not greater than three feet in depth nor wider than eight feet measured in the general direction of the wall of which it is a part.
C.
Unenclosed, uncovered or covered porches, terraces, or landings, when not extending above the first floor of the building, may extend not more than six feet into the front yard setback, eight feet into the rear yard setback and three feet into the side yard setback. Open railing or grillwork in conformance with the International Building Code may be constructed around any such porch, terrace or landing.
D.
Planting boxes or masonry planters not exceeding 30 inches in height may extend a maximum of three feet into any required front yard.
E.
Porches, decks, platforms, walks, driveways, etc., not more than 30 inches above grade.
F.
Plazas and common outdoor recreation areas.
G.
Eaves with a maximum overhang of 30 inches.
H.
Detached accessory buildings within the rear one-third of a lot are permitted not closer than three feet to side nor ten feet to rear property lines or alleys.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 10, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2636 § 15, 5/15/1991; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 13, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
The following must be exempt from the maximum lot coverage requirements of any zone:
A.
Sidewalks, driveways, and uncovered off-street parking spaces.
B.
The first 30 inches of eaves.
C.
Uncovered swimming pools and hot tubs.
D.
Uncovered, unenclosed decks and platforms not more than 30 inches above grade.
E.
Systems that allow the infiltration of stormwater into the underlying soils, such as permeable pavement and bioretention facilities, are not counted against lot coverage calculations.
F.
A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009; Ord. 3272, 2/16/2007; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2488 § 1 (part), 5/27/1988; Ord. 2238 § 14, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Systems that are not hard surfaces and allow the infiltration of stormwater into the underlying soils, such as bioretention facilities, are exempt from the maximum site coverage requirements of any zone.
All applicants seeking exemptions under this section are required to participate in a pre-application review meeting with City staff. A professional engineer licensed in the State of Washington is required to perform infiltration assessment for sites which add 5,000 square feet or more of new or replaced hard surface area.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. 3572 § 23, 12/20/2016; Ord. 3343 § 9, 1/1/2009)
In all residential zones a wall or fence must be no taller than four feet within the front building setback area, provided that a height of six feet is permitted within the front setback area if the top two feet is constructed of material that is at least 50 percent open work. The fence height may be a maximum six feet between the front setback line and mid-point of the lot. The fence height may be a maximum of eight feet from the mid-point of a lot to the rear property line, provided that the top two feet is constructed of a material that is at least 25 percent open (Note: lattice is 25 percent open). All vision clearance requirements per section 17.94.090 (driveways, street and alley corners) must be maintained. The finished side (side without the support) of a fence must face the neighboring property or if on a corner lot must face the street. Fence post supports may contain a decorative cap that does not exceed six inches above the maximum fence height.
A maximum fence height of six feet is permitted in commercial zones. Barbed wire or electric fencing is only allowed above six feet from the ground on fences that are solid or chain link.
(Ord. 3688 § 36, 12/21/2021; Ord. 3644 § 1, 11/6/2019; Ord. No. 3441 § 11, 11/15/2011; Ord. 3272, 2/16/2007; Ord. 2954 § 2, 3/28/1997; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2238 § 15, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
A.
In residential and commercial zones, the storage of merchandise, appliances or vehicles in front or side yards must be prohibited; provided, however, that car dealerships, boat sales, lumber yards, nurseries, and car rental services must be exempt from this requirement.
B.
In no zone must the storage of any articles or vehicles be permitted to extend into public rights-of-way.
(Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 10 (part), 1/17/1992; Ord. 2390 § 1, 5/30/1986; Ord. 2238 § 16, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Subject to any other regulation of the use of streets under this Code, no owner or occupant of land abutting a public street, which land or street is in a residential zone or is the boundary of a residential zone, may use such street for the habitual or overnight parking or storage of commercial motor vehicles or trailers. Excepted from this prohibition is the parking on the street of one commercially used vehicle that is driven to and from the work place by the owner or occupant of the dwelling unit.
(Ord. 3688 § 36, 12/21/2021; Ord. 3272, 2/16/2007; Ord. 2862, 4/14/1995)
Editor's note— Ord. 3688 § 36, adopted Dec. 21, 2021, repealed § 17.94.170 entitled "Exception to height requirement," which derived from: Ord. 3272, adopted Feb. 16, 2007; and Ord. 2861 § 1 (part), adopted Mar. 17, 1995.
For the purpose of encouraging the construction of off-street parking under or within a building rather than in rear, side, or front yards, the following exceptions to minimum lot areas must be permitted.
For each ten-foot by 20-foot area to be permanently reserved and used for a parking space under or within a building, a lot area credit of 300 square feet must be permitted. Said lot area credit can be deducted from the required minimum lot area, or can be used to increase a proportional number of permitted dwelling units in motels and multi-family structures.
Any area not zoned by the City prior to annexation must automatically upon annexation be classified and subject to the provisions, restrictions, and requirements of the zone most consistent with the City's comprehensive plan as determined by the City.
A.
Exceptions/variances (exceptions) to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development following legal public notice of an application for an exception or variance, legal public notice of the Director's decision on the application, and written findings of fact that documents the Director's determination to grant an exception.
The Director may grant an exception to stormwater development minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the applicant must provide written documentation considering the following:
1.
The current (pre-project) use of the site; and
2.
How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and
3.
The possible remaining uses of the site if the exception were not granted; and
4.
The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
5.
A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and
6.
The feasibility for the owner to alter the project to apply the minimum requirements.
B.
The Director must consider and document with findings of fact the applicant's request. In addition, the Director must determine and document the exception meets the following criteria: the exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and the exception is the least possible exception that could be granted to comply with the intent of the stormwater development minimum requirements.
C.
Adjustments to the minimum requirements may be granted by the Director provided that a written finding of fact is prepared, that addresses the following:
1.
The adjustment provides substantially equivalent environmental protection.
2.
Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance, are met.
It is the purpose and intent of this chapter to recognize that some lots, structures and uses within the community were established prior to the adoption of these Zoning Regulations, and subsequent amendments, and do not conform to the present requirements of the zone in which they are located. It is further the intent of the City to allow legal nonconforming lots, structures and uses to continue, but to prohibit or limit the enlargement, expansion or extension of such uses to ensure the underlying purpose of the City's zoning districts are upheld and abide by the goals and policies of the comprehensive plan. These provisions provide for the development of the community's platted lots, the allowance of repair and rehabilitation of the community's existing and historic building stock and the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses to conformity with the goals and policies of the comprehensive plan. This chapter is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish criteria under which such structures and uses may be continued or possibly expanded, and to provide for the correction or removal of such nonconformities in an equitable, reasonable and timely manner.
(Ord. 3577 § 1, 3/21/2017)
A.
Substandard lots, recorded lots. Substandard lots of record that have less than the minimum required area or width in any zone, and the lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone.
B.
Compliance with bulk and dimensional requirements. All new structures or additions to structures on any nonconforming lot must meet all setback, height and other construction requirements for the zone in which the property is located.
C.
Boundary line adjustments, restrictive covenants, and parcel consolidation. A boundary line adjustment, restrictive covenant, or parcel consolidation approved by the City shall be required prior to issuance of a building permit when a nonconforming and conforming lot are contiguous and owned by the same person. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone.
(Ord. 3577 § 1, 3/21/2017)
A.
Continuance of nonconforming use. Any use lawfully existing prior to the adoption date of these Zoning Regulations (January 4, 1971) may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified.
B.
Termination of nonconforming use. Except as otherwise specified in this chapter, the right to operate and maintain a nonconforming use shall terminate when the structure(s) or building(s) housing such use are destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits. However, in the event a structure or building housing a nonconforming use is damaged by natural disaster or catastrophe, including fire, the nonconforming use may be reestablished through a conditional use permit procedure as set forth in Chapter 17.96 of this title. Such reestablishment shall comply to the maximum extent reasonably feasible with the requirements of these Zoning Regulations.
C.
Changes to or expansions of nonconforming uses. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use, except as hereinafter specified.
1.
Lawful nonconforming nonresidential use. A lawful nonconforming nonresidential use may be changed to another nonconforming nonresidential use, or expanded, by obtaining an administrative conditional use permit as described in Chapter 17.96 of this Title.
a.
Criteria. To approve a conditional use permit to change or expand a nonconforming nonresidential use, the proposed nonconforming use must be more appropriate to the zone where the property containing the use is located than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the following criteria in addition to the criteria applicable to all conditional use permits shall be considered:
1)
Traffic impacts, both on-site and off-site;
2)
Off-street parking and loading requirements;
3)
The visual impact on the surrounding area;
4)
The degree of compliance with the adopted growth policy and this chapter;
5)
The level of conflict with other uses in the surrounding area;
6)
The presence of other nonconformities in the surrounding area;
7)
The degree to which any existing unsafe or hazardous conditions would be mitigated;
8)
The viability of the subject structure; and
9)
On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts.
2.
Lawful nonconforming residential use. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zone. A lawful nonconforming residential use shall not be permitted to increase the number of dwelling units. The expansion of a nonconforming residential use may occur up to 20 percent of the existing total residential area, as long as the number of dwelling units on the lot is not increased. Any expansion beyond 20 percent of the existing total residential area, requires an administrative conditional use permit to be obtained per the criteria listed in subsection 17.95.030.C.1.a PAMC. In instances where new construction is allowed, all appropriate development review approvals as required by the PAMC and a City building permit shall be obtained prior to the initiation of construction.
3.
Reconversion to single-family residence. Any single-family residence lawfully constructed in the Commercial, Neighborhood (CN) and Community Shopping District (CSD) zones before January 4, 1971, which was subsequently converted to a permitted use as set forth in PAMC 17.21.040 and 17.22.040, may be reconverted to single-family residence if the following conditions are met:
a.
The repairs, alteration, and remodel meet all applicable zoning and fire and building code requirements;
b.
The alterations do not include demolition of the existing legal building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and
c.
Project plans and construction timeline are approved in advance by the City and the alterations do not continue beyond one year from the date that alterations commence.
D.
Repairs, alteration, remodeling. A legal, conforming building or structure housing a nonconforming use shall be permitted to be repaired, altered and remodeled, providing said repairs, alteration, and remodel meet all applicable zoning and fire and building code requirements and provided further that said alterations do not:
1.
Intensify or otherwise redefine the nonconforming use;
2.
Include demolition of the existing legal building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and
3.
Project plans and construction timeline are approved in advance by the City and the alterations do not continue beyond one year from the date that alterations commence.
E.
Change of ownership. Change in ownership, tenancy, or management of a legal nonconforming use shall not affect its nonconforming status; provided, that the use does not change or intensify.
F.
Abandonment. If any legal nonconforming use is abandoned and/or ceases for any reason whatsoever for a continuous period of one year, any future use of such land and/or building or structure shall be in conformity to the zone in which it is located as specified by these regulations.
G.
Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming use that comes within the City by means of annexation from date of annexation.
H.
Building permits and certificates of occupancy prohibited. When any nonconforming use is no longer permitted pursuant to the provisions of this chapter, no permit for a use shall thereafter be issued for further continuance, alteration or expansion. Any permit issued in error shall not be construed as allowing the continuance of the nonconforming use.
A.
Continuance of nonconforming structure. Any structure or building lawfully existing prior to the adoption date of these Zoning Regulations (January 4, 1971) may be continued at the size and in the location existing upon such date except as hereinafter specified, or in the case of signage as specified in Title 14 PAMC.
B.
Termination of nonconforming structure. Except as otherwise specified in this chapter, the right to maintain the size and location of a nonconforming structure or building shall terminate when the structure(s) or building(s) are destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits. However, in the event a legal, nonconforming structure or building is damaged by natural disaster or catastrophe, including fire, the nonconforming structure may be reestablished to the extent that it existed before the time of damage, and within the pre-existing, nonconforming structure boundaries, provided that the restoration or reconstruction do not increase the degree of nonconformity and provided that such restoration or reconstruction begins within one year of the date of such damage.
C.
Minor repairs. An existing legal, nonconforming building or structure that does not comply with zoning requirements shall be permitted to be repaired.
D.
New construction. An existing legal building or structure that does not comply with zoning and building code requirements shall be permitted to be altered, remodeled and expanded, providing the alteration, remodel and expansion meet all applicable zoning and fire and building code requirements and provided further that said new construction does not:
1.
Increase in the degree of nonconformity by more than one percent.
2.
Include demolition of the existing legal, nonconforming building or structure to an extent of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is determined by utilizing the most currently adopted City of Port Angeles building valuations as established for building permits; and
3.
Continue beyond two years from the date that new construction commences, or if such date is unknown, then the date that the new construction were first reported, or reasonably capable of being reported, to the City.
The extent of damage to or demolition of a nonconforming building or structure shall be determined by the Building Official. If any aggrieved party disputes the Building Official's determination of the extent of the damage or demolition, a review by a third party (by a City approved consultant) may be obtained. All costs incurred in obtaining this third party review are to be paid by the aggrieved party.
E.
Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming structure or building that comes within the City by means of annexation.
F.
Building permits and certificates of occupancy prohibited. When any nonconforming structure is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure.
(Ord. 3577 § 1, 3/21/2017)
Nothing contained in this chapter shall be construed to allow for the continuation of illegal structures and uses. Illegal structures and uses shall be removed subject to the provisions of Chapter 8.30, Nuisances, PAMC.
(Ord. 3577 § 1, 3/21/2017)
A.
All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these zoning regulations that are applicable to the zones in which such buildings, uses, or land shall be located.
B.
Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these zoning regulations, and provided that construction has begun by said 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. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
In the interpretation and application of these zoning regulations, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and welfare.
B.
Where the conditions imposed by any provisions of these zoning regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these zoning regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations that are most restrictive (or that impose higher standards or requirements) shall govern.
C.
These zoning regulations are not intended to abrogate any easement, covenant, or any other private agreement; provided that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these zoning regulations shall govern.
D.
No building, structure, or use that was not lawfully existing at the time of the adoption of these zoning regulations shall become or be made lawful solely by reason of the adoption of these zoning regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these zoning regulations, said building, structure, or use remains unlawful.
(Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved trailer parks, the Port Angeles Boat Haven (boats only), or as permitted by section 17.96.075 PAMC (Temporary use permit), section 17.13.020 PAMC (Residential Trailer Park Overlay Zone), or section 17.21.020 PAMC (ADUs).
(Ord. 3710 § 1, 3/21/2023; Ord. 3390 § 11, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 18, 1/30/2004)
A.
When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply:
1.
Boundaries shown on the zoning map as approximately following the centerline of streets, alleys, highways or City limits shall be construed as following such centerlines and City limits.
2.
Distances not specifically indicated on the zoning map shall be determined by 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 25 feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these regulations covering the more restrictive portion of such lot shall extend to the entire lot.
4.
Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of 25 feet from such zone boundary line, whichever is the lesser distance.
5.
Where a zone boundary line, as indicated on the zoning map, follows the top or bottom of a bluff or bank, such line shall be at the point that is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer.
B.
Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies and objectives.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
When a lot has less than the minimum required area or width in any zone, and said lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone.
A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone.
(Ord. 3272, 2/16/2007; Ord. 3009 § 2, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2238 § 17, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)
Zoning lot covenants, as defined in PAMC 17.08.130.C, may only be used to allow a property owner to designate two or more adjacent lots as a single lot of record, when the existing two or more lots:
A.
Have a legal residential structure encroaching onto said lots; or
B.
Results in a lot that meets the zoning and subdivision requirements.
A zoning lot covenant is not intended to allow the circumvention of applicable platting regulations and is intended to allow the consolidation of properties by a property owner for development and use by the owner.
The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Department of Community and Economic Development. Once filed, the covenant may only be removed through compliance with RCW 58.17 and Chapter 16.04 or 16.08.
(Ord. 3577 § 1, 3/21/2017); Ord. 3272, 2/16/2007; Ord. 2863 § 1, 4/14/1995)
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed §§ 17.96.050—17.96.090 which pertained to conditional, administrative conditional and unclassified use permits; minor deviations; hearing and appeals of permit applications; temporary use permits; variances; and filing fees. See the Code Comparative and Disposition List for full derivative history of said repealed sections.
On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls that, when adopted by ordinance by the City Council, will further the objectives and goals of the comprehensive plan. The Planning Commission may also draft such regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the comprehensive plan and assure its systematic execution. The Planning Commission may recommend such plans, regulations, programs and legislation to the City Council for adoption.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
A.
In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the comprehensive plan and the entire zoning regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the zoning map.
B.
Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council.
C.
No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by its own action any amendment or change in the boundaries of any of the zones in these regulations.
(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.110 entitled "Subdividing," which derived from: Ord. 3548 § 25, adopted Jan. 5, 2016; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
A.
The Director of Community and Economic Development shall have the authority to enforce all provisions of this ordinance. No oversight or dereliction on the part of the Director of Community and Economic Development or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this title.
B.
No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this title or any other ordinance now in force referring to this title. Any permit or license so issued shall be null and void.
C.
In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move or alter any property, building or structure in violation of the provisions of this title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent 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. 3272, 2/16/2007; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 14, 5/15/1991; Ord. 1709 § 1 (part), 12/22/1970)
The Building Official, Fire Marshal, and the Planning or Public Works staff, in the performance of their official functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys necessary to carry out this title. 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. 3742 § 9(Att. I), 12/17/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.140 entitled "Notice of public hearings," which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 2911 § 2, adopted Mar. 29, 1996; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; Ord. 2636 § 18, adopted May 15, 1991; Ord. 2595 § 2, adopted June 27, 1990; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.
Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.150 entitled "Appeals," which derived from: Ord. 3719 § 1, adopted Sept. 5, 2023; Ord. 3548 § 25, adopted Jan. 5, 2016; Ord. 2990 § 5, adopted May 15, 1998; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; and Ord. 2595 § 3, adopted June 27, 1990.
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), 1/17/1992; Ord. 2636 § 19, 5/15/1991)
Application. Any person wishing to apply for an amendment to this zoning ordinance must submit a completed application and a filing fee as set forth in a resolution authorized by Chapter 1.25 PAMC (see Appendix A) to the Department of Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW.
(Ord. 3719 § 1, 9/5/2023; Ord. 3272, 2/16/2007; Ord. 2932 § 35, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991)
Any person, firm, or corporation violating any provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.
(Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)
Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Table A, the table following § 17.96.180, entitled, "Conditional Uses in Residential Single-Family Zones that have Special Developmental Standards," which derived from Ord. 3332 § 11, adopted April 25, 2008. See § 17.94.065.
The purpose of these commercial and multi-family design standards is to implement the goals and policies of the Port Angeles Comprehensive Plan and the objectives of each zone as provided in this title. The purpose of this chapter is to:
A.
Promote a diverse mix of retail, housing, office, and civic land uses and a genuine sense of place in Port Angeles.
B.
Encourage development that is pedestrian-oriented and human-scale in an aesthetically attractive, energy efficient, easily accessible, and economically healthy environment.
C.
Include diverse retail and service uses, higher density residential housing, a network of pedestrian-oriented streets, and a high degree of connectivity for all modes of travel.
D.
Enhance Port Angeles' visual character.
(Ord. 3688 § 34, 12/21/2021)
A.
New development.
1.
The provisions of this chapter govern all new multi-family, commercial, and other non-residential development within the RMD, RHD, CBD, CSD, CA, CN, and CO zones.
2.
Townhouse Exception. The provisions of this chapter do not apply to townhouses, except for provisions that expressly use the word "townhouse" or "townhouses," and such provisions are applicable to townhouses in the RMD, RHD, CBD, CSD, CA, CN, and CO zones.
B.
Relationship to other codes. Where provisions of this chapter conflict with provisions in any other section of the Port Angeles Municipal Code (PAMC), this chapter prevails unless otherwise noted.
(Ord. 3688 § 34, 12/21/2021)
1.
Small remodel. Any construction that is: (1) outside the Central Business District; and (2) increases the gross floor area of a building by less than 25 percent, on a cumulative basis, is exempt from the requirements of this Chapter 17.22.
2.
Limited remodel. Any construction that increases the gross floor area of a building by 25 percent or more (or is located inside the Central Business District) but not more than 100 percent, on a cumulative basis, is exempt from this Chapter 17.22's requirements: (1) related to the existing portion of the building where no exterior changes are proposed; and (2) that would require repositioning the building or reconfiguring the site.
3.
Major remodel. Any construction that increases the gross floor area of a building by more than 100 percent, on a cumulative basis, must follow all the requirements of this Chapter 17.22.
4.
Cumulative basis means the cumulative increase in building gross floor area is the net increase in gross floor area of a building that is created through construction within a three-year long window of time measured from issuance of certificate of occupancy or its equivalent.
5.
In the event of any uncertainty, the Community and Economic Development Director makes the final decision whether a project is a small remodel, limited remodel, or major remodel.
(Ord. 3688 § 34, 12/21/2021)
The provisions of this chapter are additional to the underlying zoning standards (permitted uses, setbacks, building heights, etc.). Most sections within this chapter herein include the following elements:
A.
Purpose statements, which are overarching objectives.
B.
Guidelines use words such as "should" or "is/are recommended," or "encouraged", signifying voluntary measures.
C.
Standards use words such as "must" and "is/are required," signifying mandatory actions.
1.
Some standards are easily quantifiable, while others provide a level of discretion to the applicant in how they are complied with. In the latter case, the applicant must demonstrate to the Director, in writing, how the choices made for the development meets the purpose of the standard.
2.
Departures may be allowed for specific standards in this Chapter 17.22 PAMC. They allow alternative designs provided the Community and Economic Development Director determines the resulting design and overall development meets the "purpose" of the standards and other applicable criteria. See PAMC 17.22.040 for related procedures associated with departures.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. A number of specific departure opportunities to the design standards contained in this chapter are provided. Departure opportunities are signaled by the capitalized word DEPARTURE or the □ symbol. The purpose is to provide applicants with the option of proposing alternative design treatments, when they can demonstrate to the satisfaction of the Director that it is equal to or better than the standard, provided such departures meet the "purpose" of the particular standard, and any additional relevant departure criteria.
B.
Requests for departures are voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis.
C.
Applicability. Departure opportunities are available only where noted for specific standards.
D.
Procedures. Permit applications that include departure requests are reviewed administratively and the approval decision is made by the Director.
E.
Approval criteria. Project applicants must successfully demonstrate to the Director how the proposed departure meets the purpose(s) of the standard, and other applicable departure criteria that applies to the specific standard.
F.
Documentation. The Director must document the reasons for approving all departures within the project application records for the purpose of providing consistency in decision-making by the City.
(Ord. 3688 § 34, 12/21/2021)
A.
To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment.
B.
To provide standards that recognize the need for a system of pedestrian-oriented block frontages.
(Ord. 3688 § 34, 12/21/2021)
A.
Application of map and block frontage regulations.
1.
New multi-unit, non-residential development, and first floor residential within the CBD, CSD, CA, CN, and CO Zones in Port Angeles are subject to the block frontage standards in sections PAMC 17.22.100—17.22.170 based on the block frontage designation of the street, as illustrated in the figures in this section.
2.
For multi-family and non-residential development in the RHD and RMD zones, the standards for landscaped block frontages apply.
3.
Civic uses, public buildings, and hotels are exempt from the block frontage standards, provided the building and site design meet the following objectives:
a.
Enliven the pedestrian environment along the adjacent sidewalks.
b.
Incorporate a prominent and inviting entry visible from the street. If the site has multiple street frontages, the entry must be visible from at least one street.
c.
The site and building design stand out from the surrounding context as a distinct landmark and provides visual interest from all observable scales.
4.
These block frontage standards do not apply to townhouses.
B.
Map updates. The block frontage designation map will be updated by ordinance by the City Council as necessary to reflect new streets and other adjustments.
C.
Undesignated streets. If a street is not designated as storefront, mixed, or landscaped block frontage then it is automatically classified as a "basic" block frontage. See section PAMC 17.22.150 for applicable standards.
All block frontage designations contain distinct minimum façade transparency standards. The purposes of these standards are to help maintain visibility for public safety, create welcoming pedestrian-oriented streets, and facilitate a viable and attractive business environment. Table 17.22.115 below includes details in how transparency standards are measured.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. Storefront block frontages are located in the most vibrant and active shopping and dining areas within Port Angeles. Blocks designated as Storefront block frontages include continuous storefronts placed along the sidewalk edge with small scale shops and many business entries.
B.
Standards. All development on sites with a Storefront block frontage designation must comply with the standards in Table 17.22.120(B) below.
C.
DEPARTURE criteria. Departures from the storefront block frontage standards in Table 17.22.120(B) that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria:
1.
Retail space depth. Reduced depths on up to 25 percent of the applicable block frontage will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses.
2.
Façade transparency. Façade transparency may be reduced to a minimum of 40 percent if the façade design between ground-level windows provides visual interest to the pedestrian and mitigates the impacts of blank walls.
3.
Weather protection.
a.
Weather protection elements may be reduced in length to no less than 50 percent along building's façade and to no less than four feet in depth, provided the proposed design is proportional to architectural features of the building and building design trade-offs (elements that clearly go beyond minimum building design regulations in this chapter) meet the purpose of the standards.
b.
Smaller gaps are permitted if they are integrated into a larger façade articulation design, such as gaps associated with structural columns. Generally, structural columns are encouraged to be attached with higher or lower weather protection elements that help provide continuous coverage for pedestrians.
4.
Parking Location. Structured garage entries may be located on storefront streets if there is an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development. The alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. See also PAMC 17.22.240.
5.
Sidewalk Width. Alternative designs may be considered where topographical challenges or approved City streetscape plans with different sidewalk standards exist. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic and outdoor seating and dining areas.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. Landscaped block frontages emphasize landscaped street setbacks, clear pedestrian connections between the building and the sidewalk, and minimize surface parking lots along the frontages.
B.
Standards. All development on sites with a landscaped block frontage designation must comply with the standards in Table 17.22.130(B) below. The standards herein also apply to all multi-family and nonresidential development in the RMD and RHD zones.
C.
DEPARTURE criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards, plus the following criteria:
1.
Façade transparency. Façade transparency may be reduced to a minimum of 12.5 percent if the façade design between ground level windows provides visual interest to the pedestrian and mitigates the impacts of blank walls.
2.
Parking location. For multi-building developments, an additional ten percent of the lot frontage may be occupied by off-street parking and driveways, provided design treatments (beyond minimum standards) are included that successfully mitigate the visual impact of parking areas on the streetscape.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. The Mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages for the purpose of contributing to the visual character of the street and enhancing the pedestrian environment.
B.
Standards. All development on sites containing a mixed block frontage have the option to comply with either the storefront or landscaped block frontage provisions as set forth in PAMC 17.22.120 and .130, with the modifications in Table 17.22.140(B) below.
C.
DEPARTURE Criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria:
1.
Façade transparency. Façade transparency may be reduced to the following minimums if the façade design provides visual interest to the pedestrian and mitigates the impacts of blank walls:
a.
20 percent minimum for buildings designed with nonresidential uses on the ground floor within ten feet of a sidewalk.
b.
25 percent minimum for other buildings designed with nonresidential uses on the ground floor.
c.
20 percent minimum for residential buildings/floors.
2.
Parking location. For multi-building developments, an additional ten percent of the lot frontage may be occupied by off-street parking and driveways, provided design treatments (beyond minimum standards) are included that successfully mitigate the visual impact of parking areas on the streetscape.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. Basic block frontages offer greater flexibility in siting off-street parking areas, while providing visual interest at all observable scales and meet the design objectives of the City.
B.
Applicability. All block frontages in applicable zones that are not designated in the map in PAMC 17.22.110 are subject to the standards of this section.
C.
Standards. Basic block frontages must comply with the standards in Table 17.22.150(C) below. DEPARTURES will be considered pursuant to PAMC 17.22.040.
D.
Departure Criteria. Departures from the above standards that feature the □ symbol will be considered per PAMC 17.22.040, provided the alternative proposal meets the purpose of the standards and the following criteria:
1.
Building entrances. Alternative designs may be considered provided the pedestrian route from the sidewalk to the entry is clear.
2.
Façade transparency. Façade transparency may be reduced to the following minimums if the façade design provides visual interest to the pedestrian and mitigates the impacts of blank walls:
a.
For storefronts, at least 30 percent.
b.
Other buildings designed with non-residential uses on the ground floor within ten feet of a sidewalk, at least 15 percent.
c.
For residential buildings, at least seven and one-half percent.
(Ord. 3688 § 34, 12/21/2021)
A.
Description/purpose. The high visibility street corner requirements apply to those sites designated on the block frontage maps in PAMC 17.22.110. The purpose is to accentuate street corners with high visibility to the public.
B.
Designation criteria. High visibility street corners may be designated on the block frontage maps in:
1.
Special high visibility intersections in Port Angeles.
2.
Intersections with a high level of current and/or envisioned pedestrian activity.
C.
Standards. Sites located on high visibility street corners must meet the following requirements:
1.
Buildings must be located within 20 feet of the street corner.
2.
At least one of the following special features must be included:
a.
Corner plaza.
b.
Cropped building corner with a special entry feature.
c.
Decorative use of building materials at the corner.
d.
Distinctive façade articulation.
e.
Sculptural architectural element.
f.
Other decorative elements that meet the purpose of the standards.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. The purpose of these standards is to:
1.
Enhance the privacy and security of residents living on the ground floor.
2.
Provide an effective visual and physical transition between the public realm and the private realm.
3.
Enhance the relationship between the building and the street through high-quality landscape and architectural design.
B.
Applicability. All developments with ground-floor residential uses adjacent to public streets must comply with the frontage standards in this section.
C.
Standards. Design treatments must be integrated to enhance the character of the public and semi-public realm while respecting the privacy of adjacent residential units. Design criteria applicable to ground-floor residential frontages are as follows:
1.
Direct access. All units abutting public sidewalks are encouraged to have individual ground-floor entries directly accessible to the sidewalk.
2.
Unit setback and elevation. Provide privacy for people living in the adjacent dwelling units and ensure the applicable street environment is comfortable through all of the following measures:
a.
Provide a five-foot minimum setback from public sidewalks, unless a greater setback is required per applicable block frontage standards.
b.
Where the façade is within ten feet of a street, the ground level of dwelling units must be raised from three to five feet above the level of the corresponding sidewalk. On sloped sites, the minimum and maximum heights must be calculated using the average ground elevation at perimeter walls as determined by the final grade noted on the building plan.
3.
Enhance the privacy of residents and provide an effective transition between the public and private realm by integrating all of the following measures:
a.
Provide a physical "threshold" feature, such as a hedge, retaining wall, rockery, stair, gate, railing, or a combination of such elements on private property that defines and bridges the boundary between public right-of-way and the private entry, porch, yard, or patio. Thresholds may screen, but not completely block, views to and from the public and semi-public realm areas. □
b.
Provide an outdoor space at least four feet-deep and six feet wide (24 square feet minimum area) in the front setback, such as a porch, patio, deck, or stoop. Where feasible, this space must be at the same level as the interior of the unit. □
Overhead building projections may cantilever over the outdoor space by up to 50 percent of the minimum ground level setback to public and private realm areas.
c.
Provide a covered area, porch or protected entry space, or other architectural weather protection at least three feet deep that provides cover for a person entering the unit and a transitional space between outside and inside the dwelling.
d.
Landscaping planters (in-ground or constructed and raised) must be integrated into transitional areas between the dwelling unit and the adjacent public and semi-public realm areas (see the figures below for examples). □
e.
DEPARTURES may be proposed for the design criteria in subsection (C)3. above featuring the symbol □ provided the design enhances the privacy of adjacent units and provides an effective and attractive transition between the public and private realm.
4.
See section PAMC 17.22.330 for window design standards.
(Ord. 3688 § 34, 12/21/2021)
Where a property fronts onto more than one street and each street has a different frontage designation, each building frontage must comply with the standards for the block frontage upon which it fronts, with the following clarifications:
A.
Conflicts. Where a conflict exists between frontage standards, the Director will apply the standards of a block frontage pursuant to the following order of preference:
1.
Storefront.
2.
Mixed.
3.
Landscaped.
4.
Basic.
Subsections (B-E) below clarify how the order of preference works for particular frontage elements.
B.
Building Location. For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner (on the landscaped block frontage side) for up to a half block width or no more than 120 feet (whichever is more).
C.
Entrances. For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a storefront block frontage on one side, an entrance must be placed on the storefront block frontage side. For corner sites with a mix of designations that do not include a storefront block frontage, the entry must be placed on the side listed first in the order of preference identified above. An entrance at the building corner and facing an intersection must be permitted under any of the above scenarios.
DEPARTURES may be considered, provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street.
D.
Transparency. For corner sites, at least one block frontage must meet the applicable transparency standards (based on the order of preference above). For the second block frontage, the Director may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings must employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern).
E.
Parking. Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except:
1.
On corner lots with basic frontages on both streets.
2.
On corners with other combination of block frontages, except those with a storefront designation, via a DEPARTURE and subject to the applicable departure criteria.
(Ord. 3688 § 34, 12/21/2021)
A.
To promote thoughtful pedestrian-oriented layout of buildings, parking areas, and circulation, service, and on-site amenity elements.
B.
To promote compatibility between developments and uses.
C.
To enhance the circulation, access, and service areas of developments.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To promote the functional and visual compatibility between developments.
2.
To protect the privacy of residents on adjacent properties.
B.
Side and rear setback standards. Table 17.22.210(B) below sets forth minimum side and rear-yard setbacks in all zones between zero and 15 feet. The provisions below clarify specific setback requirements:
C.
Light and air access and privacy along the side and rear property lines. Buildings or portions thereof containing multi-family dwelling units whose only windows face the interior side or rear property line must be set back from the applicable property line at least 15 feet.
DEPARTURES will be considered where it is determined that the proposed design will not create a compatibility problem based on the unique site context.
(Ord. 3688 § 34, 12/21/2021)
Residential amenity space refers to spaces that are integrated into residential or mixed use developments primarily enjoyed by on-site residents for recreational and social uses. Amenity spaces include common outdoor recreation areas, shared roof decks, private ground level open spaces, private balconies, shared indoor recreation areas, and children's play areas.
A.
Purpose.
1.
To create usable amenity space that is suitable for leisure or recreational activities for residents.
2.
To create amenity space that contributes to the residential setting.
B.
Applicability. Residential amenity space meeting the standards of this section is required for all new:
1.
Multi-family development.
2.
Mixed use development with residential dwellings.
3.
Senior housing and other age-restricted facilities.
C.
Amount required. Applicable developments are required to provide residential amenity space equal to a minimum of:
1.
100 square feet per dwelling unit for studio and one-bedroom dwellings.
2.
150 square feet per dwelling unit for dwellings with two or more bedrooms.
D.
Children's play areas. Developments with more than 75 units are required to integrate children's play areas as set forth in PAMC 17.22.220(F)(6).
E.
Large multi-phase developments under single ownership. Each phase of development must meet the minimum residential amenity space requirements herein. Developments have the option to integrate a surplus of usable on-site open space in early phases and apply the surplus space towards meeting the requirements for subsequent phases, provided all applicable regulations are met.
F.
Residential amenity space design standards. The following standards apply to new developments choosing to incorporate the specific amenity space types listed below:
1.
Common outdoor recreation areas. Such spaces are internal to a development and accessible to all tenants of a development, and are not required to be accessible to the general public. Examples include, but are not limited to, include landscaped courtyards, decks, entrance plazas, gardens with walkways, children's play areas, swimming pools, and water features. Accessible areas with native vegetation and areas used for stormwater retention, infiltration, or other multi-purpose recreational and/or green spaces that meet the design criteria herein may qualify as common outdoor recreation area.
Common outdoor recreation areas must meet the following design standards:
a.
The areas must be accessible to all residents of the development.
b.
The minimum area is 500 square feet. The space must feature dimensions necessary to provide functional leisure or recreational activity (unless otherwise noted herein). Stairways and service elements located within or on the edge of the space are not included in the recreation area calculations.
c.
Shared porches may qualify as recreation area, provided they are at least eight feet in depth and 96 square feet in area.
d.
Required setback and vehicular circulation areas do not count as common outdoor recreation areas, except for building entry plazas located in front setbacks.
e.
The area must be located in accessible areas that are visible from units within the development.
f.
The area must feature paths, walkable lawns, landscaping, seating, lighting, play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users.
g.
The area must be separated from ground level windows, streets, vehicular circulation areas, service areas, and parking lots with landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the recreation areas and dwelling units.
h.
Natural, artificial, and stormwater ponds may be included in the shared open space. A maximum of 50 percent of the pond surface area, as measured when the pond is at its maximum designed depth, may be counted towards the minimum requirements of subsection (C) of this section. Ponds must be integrated with trails and other features listed above to qualify as shared open space.
i.
Any children's play areas integrated as a part of a common outdoor recreation area must meet the standards of subsection (6) below.
DEPARTURES will be considered for the standards above provided they meet the purpose of the standards and fill a recreational need for the residents of the development. The use and design of the space must be integrated with the surrounding site and building features in a manner that is complementary to the development and any adjacent streetscape.
2.
Shared roof decks. Such spaces are a type of private internal common area located on the top of buildings or intermediate levels (e.g., upper floor building facade step-back areas) and are available to all residents. Examples of amenities include, but are not limited to, cooking and dining areas, seating areas, gardening areas, water features, children's play areas, and pet play areas. Shared rooftop decks must meet the following design standards:
a.
Must be available to all residents.
b.
Space must feature hard-surfacing and provide amenities that encourage use, such as seating, outdoor grills, and weather protection elements.
c.
Space must integrate landscaping elements that enhance the character of the space and encourage its use.
d.
Space must incorporate features that provide for the safety of residents, such as enclosures, railings, and appropriate lighting levels.
3.
Private ground level open space. This space is adjacent and directly accessible to the subject unit. Examples include yards, stoops, and porches. Private ground level open space must meet the following design standards:
a.
Such open spaces must be enclosed by a fence and/or hedge at least 18 inches in height to qualify, but no higher than 42 inches when adjacent to a street, common outdoor recreation area, or public space (see the sight obstruction height limits of the Port Angeles Urban Services Standards and Guidelines Manual when near an intersection). Taller privacy screens between units are acceptable.
b.
Private porches that face a street or a common outdoor recreation area may qualify as amenity space, provided they are at least 50 square feet in area, with no dimension less than six feet.
c.
Ground level private open space in excess of minimum requirements in subsection (b) above must not be used in the calculations for determining the minimum useable open space requirements for other units in the development [per PAMC 17.22.220(C)].
4.
Private balconies. This space is adjacent and directly accessible to the subject unit. Private balconies must meet the following design standards:
a.
Private balconies should be at least partially recessed into the building façade, when provided, and integrated into the building design to provide protection from the weather.
b.
Balconies must be at least 36 square feet in area with no dimension less than six feet to qualify as amenity space.
c.
Individual balconies larger than the minimum size requirements in the preceding subsection (b) must not be used in the calculations for determining the minimum useable open space requirements for other units in the development [per PAMC 17.22.220(C)].
5.
Shared indoor recreation areas. Examples include, but are not limited to, multi-purpose entertainment space, fitness center, movie theater, kitchen, library, workshop, conference room, or similar amenities that promote shared use and a sense of community. Shared indoor recreation areas must meet the following design standards:
a.
The space must be accessible to all residents of the development.
b.
The minimum area is 250 square feet. The space must feature dimensions necessary to provide functional leisure or recreational activity (unless otherwise noted herein).
c.
The space must be located in a visible area, such as near an entrance, lobby, elevator bank, or high traffic corridors.
d.
The space must be designed specifically to serve interior recreational functions and not merely be leftover unrentable space used to meet the open space requirement. Such space must include amenities and design elements that will encourage use by residents.
6.
Children's play areas. Any children's play areas integrated as a part of a shared residential amenity space must meet all the following design standards (in addition to the design standards listed above):
a.
The minimum area is 400 square feet.
b.
Measures necessary to protect children's safety from vehicular traffic must be included, such as low fencing or landscaping to provide a physical barrier around the perimeter.
c.
Shade and rest areas for supervision must be provided by using deciduous landscaping, architectural elements (including but not limited to pergolas or shelters), or other means.
d.
Natural, creative play elements should be provided, such as ground slides from one level to another, tricycle tracks, swings hung from arbors or trees, paths that meander and are of varying materials and widths, water that can be manipulated, outdoor rooms made from landscape or rocks, and berms and hills.
e.
Play areas must be designed for a variety of ages, activities, and motor skills.
f.
Play areas must be located in areas that are highly visible to residents.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and connections throughout the City.
2.
To enhance access to on- and off-site open space areas and pedestrian/bicycle paths.
B.
Access to sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable block frontage standards in PAMC 17.22.100-170. See subsection (D) below for walkway design standards.
C.
Internal circulation.
1.
For sites with multiple buildings:
a.
Internal walkways connecting businesses and residential entries on the same development site must be provided. Routes that minimize walking distances must be utilized to the extent practical.
DEPARTURES will be considered where an indirect route would enhance the design and/or use of a common usable open space. See subsection (D) below for walkway design standards.
b.
Pedestrian connections must be made at intervals no greater than 250 feet.
2.
Sites with residential units. Direct pedestrian access must be provided between all ground level unit entries and a public street or to a clearly marked walkway network or open space that has direct access to a public street. Residential developments must provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as:
a.
Parking areas.
b.
Recreational areas.
c.
Common outdoor areas.
d.
Any pedestrian amenities.
For townhouses or other residential units fronting the street, the sidewalk may be used to meet this standard.
3.
Crosswalks. Crosswalks are required when a walkway crosses an on-site paved area accessible to vehicles.
a.
Appearance. All crosswalks must contain contrasting material (such as concrete) and/or patterns (such as stamped asphalt), excluding painted surfaces.
b.
Raised crosswalks (speed tables). On sites larger than one acre, all crosswalks near major building entrances, parking garage entries, vehicular entries to the site, and other high-traffic areas must be vertically raised to sidewalk level. The purpose of raised crosswalks is to provide a continuous walking or rolling surface, increase the visibility of pedestrians, and slow the speed of vehicular traffic. This requirement does not apply to crosswalks crossing public roadways.
4.
Pedestrian walkways through parking lots. Developments with 50 or more parking spaces must include specially marked or paved walkways through parking areas. At least one walkway must be provided for every four rows of parking, or at a maximum spacing of 200 feet. The walkways must provide a safe connection to the building entrance and meet the walkway design standards in subsection (D) of this section. See examples below.
5.
Connections to adjacent properties (including parks and trails). Except when adjacent properties have less than five dwelling units, internal walkways that connect to adjacent properties must be provided. Public sidewalks in the right-of-way must not count towards this requirement.
DEPARTURES will be considered where it is determined that internal connections are not necessary or practical due to lot depths, steep slopes, inconsistent adjacent parcel uses, or other contextual challenges.
6.
Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees and residents are permitted. See subsection (D) below for walkway design standards.
D.
Walkway design.
1.
All internal walkways must have a minimum six feet-wide unobstructed walking surface, except where wider walkways are prescribed elsewhere in this chapter or where the applicable uses and context dictate wider walkways.
2.
Where an internal walkway is adjacent to perpendicular or angled parking, wheel stops are required to prevent encroachment of parked vehicles over the walkway. In lieu of wheel stops, an extra two feet of walkway width must be provided. See PAMC 17.22.240(B) for other situations in which wheel stops or curbing may be required.
3.
Internal walkways must be separated from structures by at least three feet for landscaping except where the adjacent building façade meets the storefront block frontage standards per PAMC 17.22.120.
DEPARTURES will be considered where other landscaping and/or façade design treatments to provide attractive walkways are proposed. Examples include, but are not limited to, sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the purpose. Figure 17.22.230(D)(3) below provides one example.
4.
Where walkways are between a parking lot and a multi-tenant commercial or mixed use building which is 100 feet or more long, walkways must feature a 12-foot wide sidewalk with the following features:
a.
Eight feet minimum unobstructed width.
b.
Trees placed at an average of 50 feet on-center and placed in grates or in planting strips as set forth in subsection (c) below.
DEPARTURE: Breaks in the tree coverage will be considered near building entries to enhance visibility.
c.
Planting strips may be used between any vehicle access or parking area and the walkway; provided, that the trees required above are included, the walkway meets the applicable width standards herein, and the combined walkway and planting strip is at least 12 feet wide.
d.
See also PAMC 17.22.240(F) for applicable internal roadway design standards.
(Ord. 3688 § 34, 12/21/2021)
The standards herein supplement the provisions of the Port Angeles Urban Services Standards and Guidelines Manual. Where there is a conflict, the provisions herein apply, except that the City Engineer may override this requirement and apply the Public Works standard for a driveway if the Public Works Director finds that a failure to apply the Public Works standards will result in a threat to public safety.
A.
Purpose.
1.
To create a safe, convenient, and efficient network for vehicle circulation and parking.
2.
To enhance the visual character of interior access roads.
3.
To minimize conflicts with pedestrian circulation and activity.
B.
Driveways. Driveways must meet the standards of the City of Port Angeles Urban Services Standards and Guidelines Manual, including, but not limited to, standards for intersection spacing, distance from crosswalks, and width.
C.
Parking entry location. Parking lot and parking garage entries must provide vehicular access in the following order of preference:
1.
Alleys.
2.
Basic block frontage streets.
3.
Landscaped block frontage streets.
4.
Mixed block frontage streets.
See related standards for parking and driveway location under Chapter 17.22 PAMC, Article II, Block Frontage Standards.
D.
Garage and service area entries and pedestrian safety.
1.
Parking garage entries and service area entries must be well-integrated into the design of the building and must not dominate the streetscape. They should be designed and sited to complement, not subordinate, the pedestrian entry.
2.
Where vehicles enter and exit a parking garage or service area across a sidewalk or internal walkway, direct visibility between pedestrians and motorists must be provided. Treatments must include setback entries, cropped wall corners, wall openings, or other treatments to enhance safety and visibility. Treatments should also include pavement markings or changes in pavement materials. Mirrors and electronic visual/audio warnings alone are not acceptable methods of visibility.
3.
Parking garage entries are encouraged to have flat driveways behind the sidewalk for the length of at least one vehicle in order to enhance visibility between pedestrians and motorists exiting the garage. Steeply sloping driveways immediately adjacent to a sidewalk or internal walkway require greater application of visibility treatments described in (D)(2) above.
4.
Garage entry doors and gates, if provided, must be at least 50 percent transparent between the bottom and top of the door or gate in order to enhance the safety of garage users.
E.
Drive-throughs. Drive-through facilities are accessory to permitted uses. This includes drive-through lanes and service windows for restaurants, banks, pharmacies, and other commercial uses.
1.
Where permitted.
a.
CA, CSD, CO, and CN zones. Permitted, provided the standards of this section are met.
b.
Drive-throughs are prohibited in the CBD zone, except for ticket kiosks at ferry terminals and parking facilities.
2.
Block frontage standards.
a.
Parking areas. For the purpose of complying with the Landscaped or Mixed block frontage standards in PAMC 17.22.130-140, drive-through lanes are considered a parking area and are calculated as part of the parking area along the frontage.
Exception: In the CA zone, drive-through lanes are not considered a parking area.
b.
Facades must comply with transparency requirements for the applicable block frontage in PAMC 17.22.130-140.
3.
Screening. Drive-through lanes, including waiting and holding lanes, must be buffered from the street and internal walkways by one of the design options set forth in Table 17.22.240(E)(2) below:
4.
Pedestrian access. Drive-through lanes must not prevent pedestrian access between a public sidewalk and on-site buildings. Designated walkways must not be located within required stacking space. See Figure 17.22.240(E)(4) for an example.
5.
Noise. Noise from drive-through speakers must not be audible from adjacent residential properties. See also Chapter 15.16 PAMC for noise control standards.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To minimize adverse visual, odor, fumes, and noise impacts of mechanical equipment, utility cabinets and other service areas at ground and roof levels.
2.
To provide adequate, durable, well-maintained, and accessible service and equipment areas.
3.
To protect residential uses and adjacent properties from impacts due to location and utilization of service areas.
B.
Location of ground-level service areas and mechanical equipment. Ground-level building service areas and mechanical equipment includes loading docks, trash collection and compactors, dumpster areas, storage tanks, electrical panels, HVAC equipment, and other utility equipment. If any such elements are outside the building envelope at ground level, the following location standards apply:
1.
Service areas must be located for convenient service access while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment and adjacent residentially zoned properties.
2.
Where practical, service areas must not be visible from the sidewalk and adjacent properties. Where the Director finds that the only option practical for locating a service area is an area visible from a public right-of-way, resident/customer parking area, internal walkway or pedestrian area, or from an adjacent property, the service area must be screened with the structural and landscaping screening measures provided in subsection (C) below.
3.
Service areas for multiple users or tenants must be co-located or consolidated to the extent practical.
4.
Service areas must be sited for alley access if available. Service elements accessible from an alley are exempt from the screening requirements of this section.
5.
Trash collection areas must include roofs or overhead weather protection and must meet required stormwater standards. Drainage must be designed to meet applicable NPDES standards.
6.
Exterior loading areas for commercial uses must not be located within 20 feet of a residentially zoned property.
DEPARTURE: Exterior commercial loading areas are exempt from this standard if the reviewing authority finds such a restriction does not allow feasible development and alternative design measures can successfully mitigate potential negative impacts. For example, areas and drives may be required to be separated from the residential lot by a masonry wall at least eight feet high.
7.
Other provisions of this section notwithstanding, service areas used by residents must be located to avoid entrapment areas and other conditions where personal security is potentially a problem. Pedestrian-scaled lighting or other measures may be needed to enhance security.
8.
Noise-producing mechanical equipment, such as fans, heat pumps, etc., must be located and/or shielded to minimize sounds and reduce impacts to adjacent dwelling units.
9.
Dumpster storage areas must be provided for all development, located on site and not in the public right-of-way, and sized to accommodate the minimum dumpster sizes (as provided by the Port Angeles engineering standards).
C.
Screening of ground-level service areas and mechanical equipment. Where screening of ground level service areas is required [see subsection (2)(b) of this section], the following applies:
1.
Structural enclosures must be constructed of masonry, heavy-gauge metal, heavy timber, or other decay-resistant material that is also used with the architecture of the main building. Alternative materials other than those used for the main building are permitted if the finishes are similar in color and texture, or if the proposed enclosure materials are more durable than those for the main structure. The walls must be sufficient to provide full screening from the affected roadway, pedestrian areas, or adjacent use, but must be no greater than seven feet tall. The enclosure may use overlapping walls as a screening method. See Figure 17.22.250(C) below.
2.
Gates must be made of heavy-gauge, sight-obscuring material. Chain link or chain link with slats is not an acceptable material for enclosures or gates.
3.
Where the interior of a service enclosures is visible from surrounding streets, walkways, or residential units, an opaque or semi-opaque horizontal cover or screen must be used to mitigate unsightly views. The horizontal screen/cover should be integrated into the enclosure design (in terms of materials and/or design).
4.
Trash collection points must be located and configured to the extent practical so that the enclosure gate swing does not obstruct pedestrian or vehicle vehicular traffic on a public right-of-way, or does not require that a hauling truck project into any public right-of-way. Screening elements must allow for efficient service delivery and removal operations.
5.
The service area must be paved.
6.
The sides and rear of service enclosures must be screened with Type B landscaping at least five feet wide in locations visible from the street, parking lots, and walkways to soften views of the screening element and add visual interest. Plants must be arranged with a minimum of 50 percent coverage at time of installation and be able to grow to fully screen or shield the equipment within three years.
DEPARTURES will be considered, provided the enclosure and landscaping treatment meet the purpose of the standards and add visual interest to site users.
D.
Utility meters, electrical conduit, and other service utility apparatus. These elements must be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, internal walkway, common outdoor recreation area, or shared auto courtyards, they must be screened with vegetation and/or integrated into the building's architecture.
E.
Roof-mounted mechanical equipment.
1.
All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment must be fully screened from public view at the street level and from rooftop residential amenity spaces. Screening must be located so as not to interfere with operation of the equipment.
Exception: Roof-mounted wind turbines, solar energy and photovoltaic systems, and rainwater reuse systems do not require screening.
2.
For rooftop equipment, all screening devices must be well integrated into the architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood must not be used for screens or enclosures. Louvered designs are acceptable if consistent with building design style.
3.
The screening materials must be of material requiring minimal maintenance and must be as high as the equipment being screened.
4.
Noise producing mechanical equipment, such as fans, heat pumps, etc., must be located and/or shielded to minimize sounds and reduce impacts to adjacent dwelling units.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To ensure that lighting contributes to the character of the streetscape and does not disturb adjacent developments and residences.
2.
Protect against light pollution, thereby reclaiming the ability to view the night sky and helping to preserve the quality of life and scenic value of this desirable visual resource throughout the region and nearby natural open spaces.
3.
Help protect and enhance human health and wellness and wildlife habitation and migration by minimizing light pollution and its impact on all forms of life.
4.
Promote lighting practices and systems to conserve energy, decrease dependence on fossil fuels, and limit greenhouse gas emissions.
5.
Ensure that sufficient lighting can be provided where needed to promote safety and security on public and private property, and to allow for reasonable lighting for outdoor activities.
6.
Provide attractive lighting that supports and enhances the urban environment, emphasizes architectural elements, and encourage pedestrian activity and wayfinding beyond daylight hours, especially during the long nights of Pacific Northwest winters.
B.
Applicability. All outdoor lighting must comply with the provisions herein, unless otherwise exempted. This includes, but is not limited to, new lighting, replacement lighting, additions and alterations, or any other lighting whether attached to buildings, poles, structures, the earth, or any other location.
1.
The following types of lighting are exempt from the provisions of this section:
a.
Lighting solely for signs.
b.
Underwater lighting.
c.
Temporary and seasonal cord-and-plug portable lighting.
d.
Construction or emergency lighting.
e.
Outdoor rope and string lights for outdoor seating and gathering areas.
C.
General standards.
1.
All luminaires must be fully shielded and must not emit light into the upper hemisphere around the luminaire or onto adjacent properties and structures, either through exterior full cut-off shields or through optics within the fixture. Support and mounting systems for luminaires must not allow post-installation adjustments that could defeat compliance of this requirement.
2.
City-approved standardized fixtures must be used for sidewalk lighting located within the right-of-way or publicly accessible easements on private property.
3.
On-site lighting elements throughout and surrounding the site should be complementary, including internal walkway lighting, accent and parking lot lighting, and lighting of adjacent developments and the public right-of-way.
4.
Except as provided in this section, outdoor lighting is encouraged to follow the intensity, technology, and other recommendations of the International Dark Sky Association and the Illuminating Engineering Society of North America.
D.
Height.
1.
Freestanding lighting fixtures in parking lots must not exceed 20 feet in height. Lighting fixtures on the top level of parking garages must not exceed 12 feet in height.
2.
Pedestrian scale lighting must not exceed 16 feet in height.
3.
Building-mounted exterior lighting must not be placed at any point greater than 20 feet above the adjacent grade, except the height limit is 14 feet when within 100 feet of a residential zone. This standard does not apply to fully recessed lights, such as when mounted on the underside of a gas station fueling canopy or a building roof overhang.
4.
Building-mounted exterior lighting for roof decks is permitted provided the luminaires are located at least 10 feet horizontally from the edge of the roof.
E.
Parking lot lighting. Lighting in parking lots must be appropriate to create adequate visibility at night and evenly distributed to increase security. Lighting must be located so that trees within the parking lot do not obscure the operation of the light fixture.
F.
Lighting color (chromaticity). The correlated color temperature of all outdoor lighting must be 3,500 Kelvin maximum or lower (refer to American National Standard Institutes publication C78.377 for guidance on LED lighting). Exceptions may be made for architectural floodlighting, accent lighting, or outlining.
G.
Exterior lighting controls.
1.
Automated control systems, such as energy management systems, photoelectric switches, motion sensors, and astronomic timer switches, must be used to meet the hours of operation requirements and the technical and energy efficiency requirements of the applicable Washington State Energy Code.
2.
Exceptions:
a.
Egress lighting as required by the building code.
b.
Lighting required for accessibility.
c.
Lighting required by statute, law, or ordinance to operate all night.
d.
A manual override at each exit door is allowed regardless of automatic control device.
e.
Seasonal holiday lighting and event lighting.
H.
Prohibited lighting.
1.
Dynamic lighting.
2.
Luminaires exceeding 500,000 peak candelas and/or 500,000 lumens.
3.
Laser lighting.
4.
Any lighting of undeveloped environmentally sensitive areas.
5.
Any lighting that may be confused with warning signals, emergency signals, or traffic signals.
6.
Mercury, low pressure sodium, or other light sources in public areas that can impede or distort the perception of actual colors.
7.
Blinking, flashing, intermittent, and/or moving lights unless specifically allowed elsewhere in the Port Angeles Municipal Code.
8.
Lighting permanently attached to trees.
(Ord. 3688 § 34, 12/21/2021)
This section provides standards for the design of buildings consistent with the goals and policies of the comprehensive plan. See the individual "purpose" statements under each section.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To promote buildings with an architectural character that reflects the Port Angeles aesthetic and is based on human-scaled design details, durable high-quality materials, sustainable design measures, and responds uniquely to the site's context.
2.
To emphasize that high-quality design is most critical to Port Angeles' high-visibility sites and corridors.
3.
To avoid generic, corporate architectural design that degrades the character and identity of Port Angeles.
B.
Corporate architecture prohibited. Architecture that is defined predominately by corporate identity features and is difficult to adapt to other uses is prohibited. For example, some franchise convenience uses have very specific architectural features (such as a distinctive roofline design that functions as a sign) that reinforce their identity. As tenants change in these types of buildings, these corporate identity features can negatively impact the character of the area and identity of new tenants. These features can also be very expensive to reconfigure and adapt to new uses.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. This section contains standards that affect the massing of buildings through façade design articulation, façade width, and roofline design. The purpose of this section is:
1.
To employ architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.
2.
To integrate substantial articulated/modulated features on large buildings to break up the massing and add visual interest.
B.
Exemptions. The following buildings are exempt from the requirements this section:
1.
All buildings with less than 60 horizontal feet of façade.
C.
Façade articulation. Facade articulation to create a human-scaled pattern is required for building façades and other building elevations facing parks, containing primary building entrances, and adjacent to lower intensity zones. Articulation features are listed in subsection (D).
For non-residential buildings and non-residential portions of mixed use buildings, at least three articulation features must be employed at intervals no greater than 40 feet in the CBD, CN, CO, and CSD zones, and 50 feet in the CA zone.
Townhouse buildings, multi-family buildings, and residential portions of mixed use buildings façades in all applicable zones must employ at least three articulation features at intervals that relate to the location/size of individual units within the building (or no more than every 50 feet).
D.
Articulation features to meet the standards of (C) above include:
1.
Use of window patterns and/or entries that reinforce an articulation pattern.
2.
Use of awnings or similar weather protection features (not applicable to residential buildings).
3.
Use of vertical piers/columns.
4.
Change in roofline with a difference in height, slope or pitch, direction, or shape (such as towers or dormers).
5.
Change in building material or siding style.
6.
Other design techniques that effectively reinforce a pattern of small storefronts compatible with the building's surrounding context (not applicable to residential buildings).
For non-storefront building elevations, the following additional features may be used to meet façade articulation standards:
7.
Vertical elements such as a trellis with plants, green wall, or art element.
8.
Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per subsection (4) of this section or a change in building material, siding style, or color. On residential buildings balconies may be used to qualify for this option if they are recessed or projected from the façade by at least 18 inches. Juliet balconies or other balconies that appear to be tacked on to the façade will not qualify for this option unless they employ high quality materials and effectively meet the purpose of the standards.
9.
Other design techniques that effectively break up the massing of structures and add visual interest.
DEPARTURE: Other articulation features may be approved, provided they meet the purpose of the standards and the design criteria set forth in subsection (D) of this section.
E.
Departure criteria associated with articulation standards. Proposals must meet the purpose of the standards. The following criteria will be considered in determining whether the proposed articulation treatment meets the "purpose":
1.
The type and width of the proposed articulation treatment and how effective it is in meeting the purpose given the building's context.
2.
The applicable block frontage designation. Basic block frontages warrant more flexibility than block frontages designated as mixed or landscaped.
3.
The size and width of the building. Smaller buildings warrant greater flexibility than larger buildings.
4.
The quality of façade materials in concert with doors, windows, and other façade features and their ability to add visual interest to the street from a pedestrian scale and more distant observable scales.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. This section contains standards that affect the human experience of architecture at the ground level and the quality of windows. The purpose of this section is:
1.
To encourage the incorporation of design details and small-scale elements into building façades that are attractive at a pedestrian scale.
2.
To integrate window design that adds depth, richness, and visual interest to the façade.
3.
To create clear and welcoming building entries.
B.
Applicability. This section applies only in the CBD zone.
C.
Façade details—Nonresidential and mixed use buildings. The ground floor of commercial and mixed use buildings must be enhanced with appropriate details.
1.
This standard applies to building façades and building elevations facing parks and containing primary building entrances.
2.
All new buildings must employ at least one detail element from each of the three categories in subsection (D) for each façade articulation interval (see PAMC 17.22.330).
3.
All additions associated with Level II and III improvements (see PAMC 17.22.030) must employ at least one detail element from each of the three categories in subsection (D) for each façade articulation interval (see PAMC 17.22.330).
For example, a building with 120 feet of street frontage with a façade articulated at 40 feet intervals will need to meet the standards for each of the three façade segments below.
D.
Façade detail categories.
1.
Window and/or entry treatment:
a.
Display windows divided into a grid of multiple panes.
b.
Transom windows.
c.
Roll-up windows/doors.
d.
Other distinctive window treatment that meets the purpose of the standards.
e.
Recessed entry.
f.
Decorative door.
g.
Other decorative or specially designed entry treatment that meets the purpose of the standards.
2.
Building element, façade attachment, or façade detail:
a.
Custom-designed weather protection element such as a steel canopy, cloth awning, or retractable awning.
b.
Decorative building-mounted light fixtures.
c.
Bay windows, trellises, towers, and similar elements.
d.
Decorative, custom hanging sign(s) (option only available for building remodels).
e.
Other details or elements that meet the purpose of these standards.
3.
Decorative material and artistic elements:
a.
Decorative building materials/use of building materials. Examples include, but are not limited to, decorative use of brick, tile, or stonework.
b.
Artwork on building, such as a mural or bas-relief sculpture.
c.
Decorative kick-plate, pilaster, base panel, or other similar feature.
d.
Hand-crafted material, such as special wrought iron or carved wood.
e.
Other details that meet the purpose of the standards.
DEPARTURES will be considered, provided the façade (at the overall scale and at the individual articulation scale) meets the purpose of the standards above.
E.
Window design standards.
1.
All windows (except storefront display windows) must employ designs that add depth and richness to the façade. At least one of the following features must be included to meet this requirement:
(a)
Recess windows at least 1.5 inches from the façade.
(b)
Incorporate window trim (at least three inches wide) around windows.
(c)
Incorporate other design treatments that add depth, richness, and visual interest to the façade.
DEPATURES from the window standards above will be considered, provided the design meets the purpose of the standards.
2.
Standards for specialty glass and treatments:
a.
Ground floor windows on all buildings may not use glass that is highly reflective, mirrored, darkly-tinted, frosted, perforated, or otherwise treated to obscure visibility into the building.
b.
Exception: Frosted glass is allowed for ground floor residential units located within 15 feet of a sidewalk (see PAMC 17.22.170 for related standards). The treatment must not cover more than 50 percent of any window.
(i)
On other floors, highly reflective and mirrored glass must not be used on more than ten percent of a building façade or other building elevations facing parks and containing primary building entrances.
F.
Cornice/roofline design for flat roofs. Nonresidential and mixed use buildings employing a flat roof must employ a distinctive roofline that effectively provides an identifiable "top" to the building, including one of the following [Figure 17.22.330(F) below illustrates examples]:
1.
A traditional cornice line or a contemporary interpretation of a traditional cornice line. Such rooflines must be proportional to the size and scale of the building.
2.
Understated cornice lines are permitted depending on the materials and design of the base and middle elements in reinforcing the base/middle/top configuration.
Rooftop solar units are permitted, provided the placement and design of units visible from the surrounding streetscape are carefully integrated into the overall design concept of the building.
DEPARTURE: Alternative roofline designs may be acceptable, provided the building design, collectively, meets the purpose of the standards. For example, additional articulation treatments and/or detailing may help the building meet the departure criteria.
G.
Articulated building entries. The primary building entrance for an office building, hotel, multi-family building (when provided), public or community-based facility or other multi-story commercial building must be designed as a clearly defined and demarcated standout architectural feature of the building. Such entrances must be easily distinguishable from regular storefront entrances on the building and must be scaled proportional to the building. See Figure 17.22.330(G) below for good examples.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To encourage the use of durable, high quality, and urban building materials that minimize maintenance cost and provide visual interest from all observable vantage points.
2.
To promote the use of a distinctive mix of materials that helps to articulate façades and lends a sense of depth and richness to the buildings.
3.
To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale.
B.
Quality building materials.
1.
Applicants must use high quality durable materials. This is most important for the base of buildings, particularly for commercial and mixed use buildings where the façade is sited close to sidewalks.
2.
Prohibited exterior building materials:
a.
Fiberglass.
b.
Vinyl and plastic siding.
c.
Plywood.
d.
T-111 siding.
3.
The use of sustainably harvested, salvaged, recycled, or reused products is encouraged wherever possible.
C.
Special conditions and limitations for concrete block (also known as concrete masonry unit or CMU). Concrete block may be used as a cladding material if it is incorporated with other permitted materials and/or incorporates a combination of textures and/or colors to add visual interest. For example, combining split or rock-façade units with smooth blocks can create distinctive patterns. The figure below illustrates acceptable concrete block use/designs.
D.
Special conditions and limitations for metal siding. Metal siding may be used as a secondary cladding material (no more than 35 percent of the cladding for the façade and no more than 50 percent for other buildings elevations) if it is incorporated with other permitted materials and complies with the following standards:
1.
Metal siding must not extend lower than two feet above grade. Masonry, concrete, or other durable material must be incorporated between the metal siding and the ground plane.
2.
Metal siding must be factory finished with a matte, nonreflective surface.
3.
Metal siding must feature visible corner molding and trim
4.
Use of at least two colors of metal siding on the façade is encouraged but not required.
DEPARTURES will be considered, provided the material's integration and overall façade composition meets the purpose of the standards.
E.
Special conditions and limitations for the use of exterior insulation and finish system (EIFS). Such material/finishes may be used as a decorative accent cladding material if incorporated with other permitted materials and compliant with the following:
1.
EIFS must not extend lower than eight feet above grade. Concrete, masonry, or other durable material must be used for ground level wall surfaces to provide a durable surface where damage is most likely.
2.
EIFS is allowed as a secondary cladding material.
3.
EIFS must feature a smooth or sand finish only.
4.
EIFS must be trimmed in wood, masonry, or other material and must be sheltered from weather by roof overhangs or other methods.
DEPARTURES will be considered provided, the material's integration and overall façade composition meets the purpose of the standards.
F.
Special conditions and limitations for cementitious wall board paneling/siding. Such material may be used, provided it meets the following provisions:
1.
No more than 30 percent of the façade's cladding and 40 percent of other building elevations cladding may be one texture and color of cement board.
2.
Cement board paneling/siding may not be used on the ground floor of nonresidential or mixed use buildings where adjacent to a sidewalk or other internal walkway.
3.
Where cement board paneling/siding is used, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with façade details that add visual interest from the ground level and adjacent buildings.
DEPARTURES will be considered, provided the material's integration and overall façade composition meets the purpose of the standards.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose.
1.
To avoid untreated blank walls.
2.
To retain and enhance the character of Port Angeles' streetscapes.
B.
Blank wall definition. A ground floor wall (including building façades and retaining walls) is considered a blank wall if it does not include a transparent window or door, it is over ten feet in height, and it has a horizontal length greater than:
1.
15 feet (when the wall is located less than five feet from the front lot line).
2.
20 feet (when the wall is located five to ten feet from the front lot line).
3.
25 feet (when the wall is located more than ten feet from the front lot line).
C.
Blank wall treatment options. Untreated blank walls located within 100 feet of, and visible from a street, public space, ground-level residential amenity space, or internal walkway are prohibited. Methods to treat blank walls include the following (a variety of treatments may be required to meet the purpose of the standards):
1.
Display windows at least 16 inches of depth to allow for changeable displays. Tack on display cases do not qualify as a blank wall treatment.
2.
Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall with planting materials that are sufficient to obscure or screen at least 60 percent of the wall's surface within three years.
3.
Installing a vertical trellis or "green wall" in front of the wall with climbing vines or plant materials. The method must be sufficient to obscure or screen at least 60 percent of the wall surface within three years. This option requires an irrigation and maintenance plan sufficient to maintain healthy plants for the life of the building.
4.
Installing a non-commercial mural or other permanent art feature, such as metal work or mosaics, subject to final approval by the Director.
5.
Building detailing that adds visual interest at a pedestrian scale such as belt courses of masonry, decorative tile work, or accent lighting. Such detailing must use a variety of surfaces; monotonous designs will not meet the purpose of the standards.
(Ord. 3688 § 34, 12/21/2021)
Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents, business, and visitors of Port Angeles. Specifically, these requirements are intended to accomplish the following:
A.
Maintain and enhance property values.
B.
Enhance the character and appearance of each neighborhood and the community.
C.
Promote tree retention and the protection of existing native vegetation.
D.
Implement tree and landscaping plans and programs adopted by the City.
E.
Provide adequate buffers between differing land uses.
F.
Define, break up, and screen parking areas to reduce potentially negative impacts on adjacent uses.
G.
Improve the air quality and provide wildlife habitat.
H.
Reduce erosion and stormwater runoff.
(Ord. 3688 § 34, 12/21/2021)
Applicability. Sections 17.22.400—17.22.460 apply to all new commercial and multi-family development and where new landscaping or trees required by other sections of this title. This chapter does not apply to required street trees (see Chapter 11.13 PAMC for street tree standards).
(Ord. 3688 § 34, 12/21/2021)
A.
A landscape plan is required for all new commercial and multi-family development containing landscaping, including landscaping within the adjacent right-of-way.
B.
Landscape plans must be completed by a Washington State licensed landscape architect or Washington certified professional horticulturalist (CPH) for multi-family and nonresidential developments with a development site area of 10,000 gross square feet or more.
C.
Landscape plans must show the following elements:
1.
Boundaries and dimensions of the site.
2.
Location of existing and proposed streets, curbs, utility lines, and sidewalks.
3.
Location of buildings and structures, parking lots, driveways, loading areas, outdoor mechanical equipment, signs, refuse enclosures, overhead utilities, water meter location, grassy swales, parking lot lighting, and any plants or trees that are to remain on site.
4.
The location and design of landscape areas to be preserved and planted, and plant list to include the location, number, size, and type of plant material by botanical and common name.
5.
North arrow and scale.
6.
Irrigation system if a permanent or temporary system is proposed.
7.
Planting details.
8.
Name, address, and phone number of the person preparing the plan.
9.
Landscaping calculations in compliance with this chapter.
10.
A maintenance plan for any infiltration-based stormwater best management practices (BMPs) built as part of the landscaping design, including the specifications and maintenance procedures of any soil amendments.
D.
No building permits will be issued until a landscape plan is reviewed and approved. No certificate of occupancy (CO) will be issued until improvements are installed per the approved landscape plan. A suitable guarantee may be provided if installation is not possible or advisable due to seasonal constraints.
(Ord. 3688 § 34, 12/21/2021)
A.
Native and naturalized plant species. New landscaping materials must include species native to the region or hardy, waterwise, and noninvasive species appropriate in the climatic conditions of the region (decorative annuals are an exception). Generally acceptable plant materials must be those identified as hardy in Zone 8b as described in the United States Department of Agriculture's Plant Hardiness Zone Map. The selection of plant species should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, compatibility with existing native vegetation preserved on the site, water conservation where needed, soil infiltration capacity, and the impact of landscaping on visibility of the site for purposes of public safety and surveillance.
B.
Tree standards.
1.
The following terms are used to denote tree heights within this chapter:
a.
Large tree: capable of growing 35 feet high or greater under normal growing conditions.
b.
Medium tree: capable of growing over 15 feet high and less than 35 feet high under normal growing conditions.
c.
Small tree: capable of growing up to 15 feet high under normal growing conditions.
2.
Unless otherwise noted, required trees must meet the following standards at the time of planting:
a.
Deciduous trees (other than street trees) must be fully branched, have a minimum caliper of 1½ inches (as measured six inches above the root ball), and a minimum height of six feet at the time of planting.
b.
Deciduous trees within parking areas must be a minimum caliper of one inch (as measured six inches above the root ball) and a minimum height of ten feet at the time of planting.
c.
Coniferous trees must be fully branched and a minimum of six feet in height, measured from the treetop to the ground, at the time of planting.
C.
Shrub standard. Shrubs, except for ornamental grasses, must be a minimum of one-gallon size at the time of planting.
D.
Groundcover standards and guidelines.
1.
Groundcovers must be planted and spaced to result in total coverage of the required landscape area within three years, or as recommended by a Washington State licensed landscape architect or Washington certified professional horticulturalist, and must meet the following requirements:
a.
Four-inch pots at 18 inches on center.
b.
One-gallon or greater sized containers at 24 inches on center.
2.
A bed of flowers may be used in place of groundcover plants. A reduction in the minimum container size may be permitted if certified by a Washington State licensed landscape architect or Washington certified professional horticulturalist that the reduction must not diminish the intended effect or the likelihood the plants will survive.
3.
Grass is acceptable as groundcover in landscaped areas, but generally not preferred for water conservation and maintenance purposes (lawn areas designed as play areas are an exception).
4.
Groundcover areas must contain at least two inches of composted organic material at finished grade.
E.
Tree and plant diversity.
1.
If there are more than eight required trees, no more than 40 percent of them may be of one species.
2.
If there are more than 24 required trees, no more than 20 percent of them may be of one species.
3.
If there are more than 24 required shrubs, no more than 75 percent of them may be of one species.
F.
Soil augmentation and mulching.
1.
Existing soils must be augmented with a two-inch layer of fully composted organic material tilled a minimum of six inches deep prior to initial planting.
2.
Landscape areas must be covered with at least two inches of mulch to minimize evaporation. Mulch must consist of organic materials such as bark chips and wood grindings or yard waste, sawdust, and/or manure that is fully composted. Washed rock can also be used as a mulch.
G.
Landscape installation standards.
1.
All required landscaping must be in-ground, except when in raised planters. Plant materials must be installed to current nursery industry standards.
2.
Plant materials must be properly supported to ensure survival. Support devices such as guy wires or stakes must not interfere with vehicular or pedestrian movement. Where support is necessary, stakes, guy wires or other measures must be removed as soon as the plant can support itself.
3.
Existing trees and plant materials to be retained must be protected during construction, such as by use of temporary chain-link or other sturdy fence placed at the dripline of trees to be retained. Grading, topsoil storage, construction material storage, vehicles and equipment must not be allowed within the dripline of trees to be retained.
4.
Installation of landscaping materials must take into consideration access to utility vaults, pedestals, and other public and private utility facilities.
5.
Tree/shrub height and location. The landscape plan should plan for the mature size of trees and major shrubs to avoid interference with windows, decks or lighting.
6.
Trees must be protected by fencing until they are mature enough to withstand typical wildlife activity.
(Ord. 3688 § 34, 12/21/2021)
Below are the planting and design requirements for specific landscaping types. These landscaping types apply when required by this chapter.
A.
Type A landscaping.
1.
Purpose. Type A landscaping functions as a full screen and visual barrier. This landscaping is typically found between residential and nonresidential areas for screening unwanted views.
2.
Screening requirement. The selected plant materials and configuration must be able to screen 70 percent of the unwanted views within five years of planting and screen substantially all of the unwanted views within six years of planting. This requirement must account for the size and characteristics of materials planted, their typical growth rate, and size at maturity.
3.
Planting requirements. Type A landscaping must consist of the following:
a.
Tree type. Predominately coniferous (more than 50 percent).
b.
Tree size. A variety of tree sizes may be used, provided at least 70 percent are medium or large [see PAMC 17.22.420(B)(1)]. Trees must be planted at the following spacing standards ("on center" refers to the distance from other trees of any size):
i.
Large trees must be spaced between 20 and 25 feet on center.
ii.
Medium trees must be spaced between 15 and 20 feet on center.
iii.
Small trees must be spaced between ten and 15 feet on center.
c.
Shrubs. Predominately coniferous provided at the rate of one shrub per 20 square feet of landscape strip.
d.
Groundcover. Planted at a density to cover the required area within three years.
e.
Species diversity. Trees and shrubs must comply with PAMC 17.22.420(E).
DEPARTURES that vary from the planting requirements of this subsection (A)(3) will be considered, provided the proposal meets the screening requirement of subsection (A)(2) of this section.
B.
Type B landscaping.
1.
Purpose. Type B landscaping is a "filtered screen" that functions as a visual separator. This landscaping is typically found between differing types of residential development and used for screening unwanted views from the pedestrian environment.
2.
Screening requirement. The selected plant materials and configuration must meet the purpose of the standards within five years of planting. This requirement must account for the size and characteristics of materials planted, their typical growth rate, and size at maturity.
3.
Planting requirements. Type B landscaping must minimally consist of:
a.
Tree type. At least 50 percent deciduous and at least 30 percent coniferous.
b.
Tree size. A variety of tree sizes may be used, provided at least 70 percent are medium or large (see PAMC 17.22.400(B)(1)). Trees must be planted at the following spacing standards ("on center" refers to the distance from other trees of any size):
i.
Large trees must be spaced between 20 and 25 feet on center.
ii.
Medium trees must be spaced between 15 and 20 feet on center.
iii.
Small trees must be spaced between ten and 15 feet on center.
c.
Shrubs. Provided at the rate of one shrub per 20 square feet of landscape strip and spaced no more than eight feet on center.
d.
Groundcover. Planted at a density to cover the buffer within three years.
e.
Species diversity. Trees and shrubs must comply with PAMC 17.22.420(E).
DEPARTURES that vary from the planting requirements of this subsection (B)(3) will be considered, provided the proposal meets the screening requirement of subsection (B)(2) of this section.
C.
Type C landscaping.
1.
Purpose. Type C landscaping is a "see-through screen" that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along lot frontages or between multi-family developments.
2.
Screening requirement. The selected plant materials and configuration must meet the purpose of the standards within five years of planting. This requirement must account for the size and characteristics of materials planted, their typical growth rate, and size at maturity.
3.
Planting requirements. Type C landscaping must minimally consist of:
a.
Tree species. At least 70 percent deciduous.
b.
Tree type. A variety of tree sizes may be used, provided at least 70 percent are medium or large (see PAMC 17.22.420(B)(1)). Trees must be planted at the following spacing standards ("on center" refers to the distance from other trees of any size):
i.
Large trees must be spaced between 20 and 25 feet on center.
ii.
Medium trees must be spaced between 15 and 20 feet on center.
iii.
Small trees must be spaced between ten and 15 feet on center.
c.
Shrubs. Provided at the rate of one shrub per 20 square feet of landscape strip and spaced no more than eight feet on center.
d.
Groundcover. Planted at a density to cover the buffer within three years.
e.
Species diversity. Trees and shrubs must comply with PAMC 17.22.420(E).
f.
Maintenance. Maintain trees and shrubs to maximize pedestrian visibility (generally between three and eight feet above grade).
DEPARTURES that vary from the planting requirements of this subsection (C)(3) will be considered, provided the proposal meets the screening requirement of subsection (C)(2) of this section.
D.
Type D landscaping.
1.
Type D landscaping refers to all other landscaped areas that do not qualify as Type A, B, C, E, or F landscaping. While native and low-maintenance trees and shrubs are encouraged in these areas, lawn areas may be used for recreational or design purposes. These areas may also include flower beds and perennial beds.
2.
Type D landscaping may include any combination of plant materials, provided they comply with the plant materials standards in PAMC 17.22.420.
E.
Type E landscaping—Low hedge. A low hedge is intended to function as an attractive visual divider of space rather than a visual buffer between uses and properties. To qualify as a hedge landscaping type, the planting must be at least 30 inches wide and 30 inches tall. The hedge includes plant materials that typically grow no taller than five feet at maturity or are maintained between 30 inches and 48 inches tall (see the sight obstruction height limits of the Port Angeles Urban Services Standards and Guidelines Manual when near an intersection).
F.
Type F landscaping—Rain garden.
1.
A rain garden is a planted depression that collects, absorbs, and filters rainwater runoff from impervious areas. They are sized to accommodate temporary ponding and are not meant to be permanent ponds. They can also function as an attractive visual divider of space. Typical rain garden elements include:
a.
Garden is located and designed to capture impervious area runoff.
b.
Six- to 12-inch ponding depth.
c.
Two- to three-inch mulch layer.
d.
Gradual side slopes (typically 2:1).
e.
Overflow design elements with measures to prevent erosion.
f.
Generous plantings of a variety of small trees, shrubs, groundcovers, and grasses. Select plants suitable for the planting zones within the garden and around the perimeter.
Refer to the current Rain Garden Handbook for Western Washington for further guidance on rain garden location, design, planting, construction, and maintenance. The current Stormwater Management Manual for Western Washington (SWMMWW) may have altered requirements for engineered rain gardens that are required for on-site stormwater management.
2.
The applicability of rain gardens in site design will be determined by project size and flow control exemptions based upon minimum requirement No. 5 of the Western Washington Phase II municipal stormwater permit.
(Ord. 3688 § 34, 12/21/2021)
A.
Required buffer standards. Landscape buffers between certain uses may be called for in Table 17.22.430 below or elsewhere in this title. The following interpretations apply to Table 17.22.430:
1.
The preservation of existing mature trees and vegetation may be preferable to new plant materials in the required buffer areas. The Director may require any of the following to better ensure the survival of existing mature trees and vegetation:
a.
Augment existing plantings with new plant materials to meet the purpose of the standards.
b.
Require wider buffers to better ensure the survival of existing mature trees and vegetation. This must be accompanied by use of a buffer averaging approach in which the buffer may be reduced in other locations to achieve, on average, the minimum buffer width required in Table 17.22.430 or elsewhere in this title.
c.
Other supplemental planting conditions.
2.
The letters A, B, C, D, E, and F refer to the landscape types described in PAMC 17.22.425. Where more than one buffer type is referenced in a cell, one of the subject buffer types is required. The term "all" means that any of the landscaping types may be used.
3.
The term "fence" refers to the requirement of a six-foot-high sight-screening fence. Such fences must comply with the provisions of PAMC 17.94.140.
4.
The numbers refer to the minimum required width of the required landscaping buffer.
5.
Where superscript numbers are included in a cell, see the corresponding note matching the number below the table.
6.
The screening elements must extend along the entire property line between the uses/properties except where precluded by structures, driveways, or similar obstructions.
7.
Where the use is across the street from an existing abutting use or zone, only the buffer type listed for the abutting street is required.
8.
DEPARTURES. Alternative buffer treatments may be approved per PAMC 17.22.040 for any of the buffer types required below, provided they meet the purpose of this chapter.
B.
Supplemental buffer standards.
1.
For screening requirements for service areas and mechanical equipment for nonresidential and multi-family development, see PAMC 17.22.250.
2.
Required buffer vegetation must be planted within the property boundaries.
3.
The height of any screen material required by this chapter in the vicinity of a point of ingress and egress may not exceed 30 inches in height within the clear-vision triangle (PAMC 17.94.090).
(Ord. 3688 § 34, 12/21/2021)
A.
Nonresidential and multi-family developments must include landscaping between the sidewalk and building or parking areas in conformance with this chapter. Such landscaping must include one or more of the landscaping types set forth in PAMC 17.22.425. Storefront buildings are exempt from this standard. Reductions in landscaping are allowed for walkways, stoops, porches, patios, pedestrian-oriented space, utility elements, and permitted vehicular access and signage elements.
B.
Where buildings are set back at least 15 feet from a street property line, trees must be planted at a minimum average of 30 feet apart in such planting areas, with groundcover or shrubs used liberally.
DEPARTURES may be considered, provided alternative treatments meet the purposes of this chapter.
C.
Trees utilized in these planting areas must minimize conflict with underground and overhead utilities. Trees must be from the approved list of recommended plant materials or an approved equivalent.
(Ord. 3688 § 34, 12/21/2021)
A.
Purpose. The purpose of parking lot landscape development is to soften the visual effect created by large expanses of barren asphalt.
B.
Required area. Planting areas in new parking areas with ten or more spaces or in upgraded or improved parking areas with ten or more spaces must constitute at least five percent of the parking area. The unused space resulting from the design of parking space arrangements or accessory structures which is over 24 square feet must be landscaped. Vegetation within LID facilities may be used to meet landscaping requirements.
C.
Minimum width and length. Planting areas must have a minimum average width of 7.5 feet (measured inside the curb) and must be the same length as the parking stall or column.
D.
Planting type. Type C landscaping must be used in required planting areas. Rain gardens, or other vegetated LID BMPs, may be integrated into planting strips, provided they integrate the same number of trees as for Type C landscaping.
E.
Distribution. Landscaped areas must be distributed throughout the parking lot and must have no more than eight consecutive parking spaces. Islands with vegetation within LID facilities may be used to meet landscaping requirements and may exceed maximum eight consecutive spaces.
F.
Parking lot perimeters.
1.
For parking lots adjacent to public streets, Type C landscaping must be used at least 7.5 feet deep, except where a greater buffer width is required per the standards in subsections (A and B) of this section.
DEPARTURES to this standard will be considered pursuant to PAMC 17.22.040, provided they meet the purpose of the standards noted above. Examples of acceptable departures may include decorative low walls with landscaping, decorative elevated planters, landscaping with a trellis, a shared-access drive, or a shared pathway. See Figure 17.22.430(F) for examples.
2.
For parking lots along internal lot lines, Type A, B, or C landscaping must be used at least 7.5 feet deep, except where a greater buffer width is required per the standards in subsections (A and B) of this section. Where recorded cooperative parking agreements are in place between adjacent properties, sites are exempt from the subject parking lot landscaping buffer (see PAMC 14.40.070).
DEPARTURES to this standard and reductions in depth by up to 50 percent will be considered pursuant to PAMC 17.22.040, provided they meet the purpose of the standards noted above.
(Ord. 3688 § 34, 12/21/2021)
A.
Existing site vegetation—General. Applicants are encouraged to retain existing native vegetation, including indigenous shrubs, herbaceous plants, and significant trees on the subject property.
B.
Special Fire Department standards.
1.
Landscaping in the vicinity of any fire hydrant, Fire Department sprinkler connection or standpipe connection should not prevent such equipment from being immediately discernible nor deter or hinder the Fire Department from gaining immediate access to the equipment. This section includes the guidelines for landscaping around the equipment, with final approval from the City Fire Marshal.
2.
Fire hydrants.
a.
Fire hydrants must be free from obstruction on all sides by a minimum clearance of three feet.
b.
Fire hydrants along streets, driveways, parking lots, fire access routes (fire lanes), or at intersections must be visible for at least 100 feet in all directions along such streets, driveways, access routes or intersections. No plants or shrubs with a height of over 18 inches and no tree with branches or foliage below five feet must be allowed in this sight visibility area.
3.
Sprinkler and standpipe connections.
a.
Fire Department connections for sprinklers and standpipes must be free from obstructions on all sides by a minimum clearance of three feet.
b.
When a Fire Department connection is over 25 feet from a street, driveway, parking lot, or fire access route, a clear path must be maintained with minimum width of three feet between the Fire Department connection and the street, driveway, parking lot or fire access route.
(Ord. 3688 § 34, 12/21/2021)
A.
Property owners and their agents, heirs, or assigns are responsible for maintaining all required landscaping and screening areas in a healthy, growing condition.
B.
All landscaping and screening areas must be maintained reasonably free of weeds and trash, treated for pests/diseases in accordance with the approved landscape plan, and maintained so as to prevent mulch, straw, dirt, or other materials from washing onto streets, sidewalks, and adjoining properties.
C.
Any dead, unhealthy, or missing vegetation, or vegetation disfigured by severe or excessive pruning, unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, must be replaced with equivalent vegetation that conforms to the approved landscaped plan and the standards of this chapter.
D.
Any engineered soil amendments must be maintained and replaced as needed to continue the original function of stormwater best management practices.
(Ord. 3688 § 34, 12/21/2021)
The purpose of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering.
All required landscaped areas must comply with at least one of the following:
A.
A permanent built-in irrigation system with an automatic controller that serves the proposed landscape area, to be installed and operational before the City grants an occupancy permit or final inspection for the development.
B.
A temporary irrigation system that services the proposed landscape area, provided the applicant can successfully demonstrate that the proposed temporary irrigation system will provide sufficient water to ensure that the plant materials to be planted will survive installation, and once established, will survive without watering other than natural rainfall.
C.
A permanent or temporary irrigation system will not serve the proposed landscape area, provided:
1.
The Director finds the landscape area otherwise fulfills the requirements of this section.
2.
The applicant submits all of the following with the site plan application:
a.
A statement from a Washington State licensed landscape architect or Washington certified professional horticulturalist (CPH) certifying that the materials to be planted will survive without watering other than natural rainfall.
b.
A plan for monitoring the survival of required vegetation for at least one year and for detection and replacement of required vegetation that does not survive with like-kind material or other material approved by the City.
c.
A statement from the applicant agreeing to install an irrigation system if the reviewing authority finds one is needed to ensure survival of required vegetation, based on the results of the monitoring plan.
(Ord. 3688 § 34, 12/21/2021)
If landscaping improvements cannot be installed prior to a formal certificate of occupancy, a cash deposit, letter of credit or other assurance acceptable to the City equal to 150 percent of the estimated installation costs is required. Such deposit must be accompanied by a letter which stipulates completion of all landscape improvements within six months of the certificate of occupancy or date of final approval, whichever is later. If these conditions are not met, the City may use the deposit to install the landscaping.
(Ord. 3688 § 34, 12/21/2021)