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)

Editor's note— Ord. 3742 § 8(Att. H), adopted Dec. 17, 2024, repealed § 17.45.080 entitled "Pre-application review," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; and Ord. 3294, adopted Aug. 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)

Editor's note— Ord. 3742 § 8(Att. H), adopted Dec. 17, 2024, repealed § 17.45.100 entitled "Routing and staff recommendations," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3548 § 22, adopted Jan. 5, 2016; and Ord. 3294, adopted Aug. 31, 2007.

Editor's note— Ord. 3742 § 8(Att. H), adopted Dec. 17, 2024, repealed § 17.45.110 entitled "Hearing Examiner public hearing—Scheduling and notice," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3548 § 22, adopted Jan. 5, 2016; and Ord. 3294, adopted Aug. 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)

Editor's note— Ord. 3742 § 8(Att. H), adopted Dec. 17, 2024, repealed § 17.45.160 entitled "Final action," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3548 § 22, adopted Jan. 5, 2016; and Ord. 3294, adopted Aug. 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)

Editor's note— Ord. 3742 § 8(Att. H), adopted Dec. 17, 2024, repealed § 17.45.180 entitled "Modifications after final approval," which derived from: Ord. 3577 § 1, adopted Mar. 21, 2017; Ord. 3548 § 22, adopted Jan. 5, 2016; and Ord. 3294, adopted Aug. 31, 2007.