Loading...
HomeMy WebLinkAbout88-068RESOLUTION NO. A RESOLUTION adopting policies for enforcement of the building, construction, zoning, subdivision and environmental protection regulations of the City of Port Townsend. WHEREAS, the City of Port Townsend has enacted certain ordinances to promote the health, safety and general welfare of its citizenry; and WHEREAS, such ordinances also adopt by reference certain laws, regulations and policies of the State of Washington, and certain uniform structure-related codes; including the State Environmental Policy Act, the Jefferson-Port Townsend Shoreline Management Master Program, the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code and the Uniform Plumbing Code; and WHEREAS, the City desires that the good and reasonable purposes for which these ordinances have been enacted be achieved through fair and effective enforcement; Now, Therefore, BE IT RESOLVED by the City Council of the City of Port Townsend that the following policies shall guide enforcement of city ordinances relating to building, construction, zoning, subdivisions, and environmental protection: Purpose City ordinances are enforced to achieve the public purposes for which each has been enacted. These purposes, as set forth in the Port Townsend Municipal Code, are attached hereto as Exhibit A. Enforcement proceedings seek the cooperation of City property owners toward compliance with City ordinances. Penalties are sought only as a last resort when the City's efforts to obtain cooperation and corrections have failed. ~j~. To assure fair and equal application of City ordinances, enforcement shall be uniform and consistent in similar instances within the enforcement priorities set forth below. Efficiency. Because Port Townsend is a small city of limited resources, enforcement activities shall be undertaken in a manner which makes efficient use of financial and staff resources in accordance with the priorities set forth below. Whenever an application is made for a variance, conditional use permit, environmental declaration, shoreline substantial development permit, rezone or subdivision, the City Council will consider requiring as a condition of such action that existing uses, structures or signs which have been established contrary to City ordinances be corrected as one reasonable and efficient means to obtain satisfactory conformance with City ordinances. Interpretations and Rulings. Although the City Council makes every effort to enact ordinances which are clear and precise, inevitably the application of regulatory provisions to specific circumstances requires interpretation. City staff shall faithfully and consistently interpret the meaning of City ordinances and shall request the opinion of the City Attorney whenever in doubt as to the meaning of such provisions, or whenever a citizen requests such an opinion. Ap~. Pursuant to Section 17.64.090 of the Port Townsend Municipal Code, all rulings of the building inspector may be appealed to the City Council within thirty days. Where authorized by City ordinances, a variance or conditional use permit application may, if granted, also provide a means of relief from City ordinance restrictions. Stay of Proceedin~s. Whenever a ruling of the building inspector has been appealed, or if an application for variance or conditional use permit is pending which, if granted, would correct the violation, enforcement proceedings will be stayed until a final determination has been made. Ordinance Improvements. The City of Port Townsend desires that all of its ordinances be clear, understandable, reasonable, equitable and appropriate to the stated public purposes of each. Accordingly, citizens and City staff members are encouraged to propose amendments to City ordinances whenever enforcement activities reveal that the provisions of an ordinance do not fully satisfy these criteria. - 2 - Enforcement proceedings shall be undertaken in accordance with the priorities set forth below, provided that new construction, expansion or change of use shall be given enforcement priority over pre-existing conditions: I. Public Safety and Health, such as do D. E. F. G. Structural Integrity of Buildings Fire Code 1. Fire Prevention and Suppression 2. Fire Spread 3. Fire Exits 4. Fire and Smoke Alarms Minimum Building Standards Building Separation Utility Connections and Services (incl. drainage) Street Numbering (new construction) Traffic Safety 1. Street Capacity 2. Turning and Intersection Safety 3. Visibility a. Sight Triangle Obstructions (1) fences, hedges, signs, etc. II. Use Compatibility, such as Am Uses by Zoning District 1. Principal Uses 2. Conditional Uses 3. Accessory Uses 4. Home Occupations Use of the Shoreline Zone 1. Public Access 2. Public View and Use from the Uplands 3. Public View from the Water Off-street Parking, such as New Construction or Expansion a. Commercial/Manufacturing b. Residential Existing Buildings When Conditional Use, SEPA or Home Occupation Permit Applies a. Commercial/Manufacturing b. Residential - 3 - IV. Vm VI. Light, Air and Density (bulk and dimensional requirements), such as 1. Lot Size 2. Height 3. Setbacks 4. Lot Coverage Signs, such as B. C. D. F. Prohibited Signs Freestanding And Pole Signs Projecting Signs Wall and Awning Signs Special Category Signs Other Signs Fences and Hedges Passed by the City Council of the City of Port Townsend and approved by the Mayor this Attest: David A. Grove, City Clerk Appr~/ed~as to ~rm: KeXt~f~ C. '~arper, Cit[~ Attorney 4th day of October , 1988. - 4 - Title 17 ZONING 17.04.020 Purpose. Such regulations are deemed neces- sary in order: (A) To promote the interest of health, safety, morals and the general welfare; (B) To secure safety'from fire and to provide adequate open spaces for light and air; (C) To prevent the overcrowding of land; (D) To avoid undue concentration of population; (E) To conserve and stabilize property values; (F) To facilitate the adequate provision of transporta- tion, water, sewerage, schools, parks and other public require- ments, and to carry out the goals and objectives as set forth in RCW 35.63, and other applicable laws of the state of Wash- ington. (Ord. 1625 Sl.02, 1971).- 1985 EDITION 101-104 Part I ADMINISTRATIVE Chapter 1 TITLE, SCOPE AND GENERAL Title Sec. 101. These regulations shall be known as the "Uniform Building Code," may be cited as such and will be referred to herein as "this code." Purpose Sec. 102. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein. Chapter 17.34 SIGNS 17.34.010 Statement of purpose. A. The purpose of this chapter is to improve the quality of living and business environment in the city. It is to promote and protect the public welfare, health and safety by regulating existing and proposed advertising and display signs of all types. It is intended to enhance the natural beauty of ~e city, create a more attractive economic and business climate, and en- courage installation of appropriate advertising and display signs that harmonize with buildings, natural settings, and other signs in the area. It is further intended to reduce signs or advertising distractions and obstructions that may contribute to traffic accidents; reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way or private property; promote proper maintenance, elimination of clutter, and encourage thouqhtfu! placement designed to fit within the different !and use zones; and preserve and protect the view of the sea, the mountains, and the historic qualities of the city. B. Signs complementing the aesthetic appeal and nationally recognized historic significance of Port Townsend, as pro- vided for by ordinance, will form a key part of the overall visual attractiveness of the city and thereby contribute to the economic well-being of Port Townsend. C. This chapter shall not regulate traffic and di- rectional signs installed by a government entity; signs not intended to be viewed from and not readable from a public right-of-way; window merchandise displays, point-of-purchase advertising displays, such as project dispensers; national flags and flags of political subdivisions; symbolic flags of an institution; legal notice required by law; barber p~A~-~-historic site plaques; gravestones; structures in- tended for a separate use, such as phone booths, contalners and recycling containers; lettering or symbols painted di- rectly onto or mounted magnetically onto an operable motor vehicle operating in the normal course of business. (Ord. 2039 S§1--3, 1986). Title 18 SUBDIVISION 18.04.010 Purpose. The purpose of this title is to provide rules, regulations and standards for the partitioning of land parcels in the city. It shall promote the public health, safety, convenience and general welfare by insuring the orderly growth and development of the municipality, the conservation and proper use of land, and by requiring ade- quate provision for circulation, utilities, drainage and services. (Ord. 1671 §1.00, 1973). Chapter 43.21C RCW STATE ENVIRONMENTAL POLICY Sections 43.21C.010 43.21C.020 43.21C.030 43.21C.031 43.21C.035 43.21C.037 43.21C.038 43.21C.040 43.21C.050 43.21C.060 43.21C.075 43.21C.080 43.21C.087 43.21C.090 43.21C.095 43.21C.110 43.21C.120 43.21C.130 43.21C.135 43.21C.150 43.21C.160 43.21C.165 43.21C.170 43.21C.175 43.21C.210 43.21C.220 43.21C.230 43.21C.300 43.21C.500 43.21C.900 43.21C.910 43.21C.911 43.21C.912 43.21C.913 43.21C.914 Purposes. Legislative recognitions Declaration-- Responsibility. Guidelines for state agencies, local governments-- Statements Reports--Advice Information. Significant impacts. Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c). Application of RCW 43.21C.030(2)(c) to forest practices. Application of RCW 43.21C.030(2)(c) to school closures. Examination of laws, regulations, policies by state agen- cies and local authorities Report of deficiencies and corrective measures. Specific statutory obligations not affected. Chapter supplementary Conditioning or denial of governmental action. Appeals. Notice of action by governmental agency How pub- licized--Form Time limitation for commencing challenge to action. List of filings required by RCW 43.21C.080. Decision of governmental agency to be accorded sub- stantial weight. State environmental policy act rules to be accorded sub- stantial deference. Content of state environmental policy act rules. Rules, ordinances, resolutions and regulations-- Adoption Effective dates. Model ordinances. Authority of local governmental .units to adopt rules, guidelines and model ordinances by reference. RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmen- tal policy act. Utilization of statement prepared under RCW 43.21C- .030 to implement chapter 90.62 RCW Utilization of chapter 90.62 RCW procedures to satisfy RCW 43.21C.030(2)(c). Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.160 Procedure.- Finality. Council on environmental policy. Council on environmental policy Personnel. Certain actions during state of emergency exempt from chapter. Incorporation of city or town exempt from chapter. Development and adoption of plan under chapter 43.180 RCW exempt from chapter. Workshops Handbook. Exemption from this chapter of emergency recovery op- erations from Mt. St. Helens eruption authorized-- Expiration of section. Short title. Severability 1974 ex.s. c 179. Section headings not part of law 1983 c 117. Applicability 1983 c 117. Severability 1983 c 117. Effective dates 1983 c 117. RCW 43.21C.010 Purposes. The purposes of this chapter are: (1) To declare a state policy which will en- courage productive and enjoyable harmony between man and his environment; (2) to promote efforts which will prevent or eliminate damage to the environment and bi- osphere; (3) and stimulate the health and welfare of man; and (4) to enrich the understanding of the ecologi- cal systems and natural resources important to the state and nation. [1971 ex.s. c 109 § 1.] RCW 43.21C.020 Legislative recognitions Dec- laration Responsibility. (1) The legislature, recog- nizing that man depends on his biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of man's activity on the interrelations of all components of the natural environment, particu- larly the profound influences of population growth, high-density urbanization, industrial expansion, resource utilization and exploitation, and new and expanding technological advances and recognizing further the criti- cal importance of restoring and maintaining environ- mental quality to the overall welfare and development of man, declares that it is the continuing policy of the state of Washington, in cooperation with federal and local governments, and other concerned public and private or- ganizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to: (a) Foster and promote the general wel- fare; (b) to create and maintain conditions under which man and nature can exist in productive harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington citizens. (2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all prac- ticable means, consistent with other essential considera- tions of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) Assure for all people of Washington safe, health- ful, productive, and esthetically and culturally pleasing surroundings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (d) Preserve important historic, cultural, and natural aspects of our national heritage; (e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (f) Achieve a balance between population and re- source use which will permit high standards of living and a wide sharing of life's amenities; and (1983 Laws) [Ch. 43.21C RCW--p 1] 43.21C.020 State Environmental Policy (g) Enhance the quality of renewable resources and approach the maximum attainable recycling of deplet- able resources. (3) The legislature recognizes that each person has a fundamental and inalienable right to a healthful envi- ronment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. [1971 ex.s. c 109 § 2.] RCW 43.21C.030 Guidelines for state agencies, local governments Statements Reports Advice Information. The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regula- tions, and laws of the state of Washington shall be in- terpreted and administered in accordance with the policies set forth in this chapter, and (2) all branches of government of this state, including state agencies, mu- nicipal and public corporations, and counties shall: (a) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an im- pact on man's environment; (b) Identify and develop methods a~d procedures, in consultation with the department of ecology and the ecological commission, which will insure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations; (c) Include in every recommendation or report on proposals for legislation and other major actions signifi- cantly affecting the quality of the environment, a de- tailed statement by the responsible official on: (i) the environmental impact of the proposed action; (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented; (iii) alternatives to the proposed action; (iv) the relationship between local short-term uses of man's environment and the maintenance and enhance- ment of long-term productivity; and (v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented; (d) Prior to making any detailed statement, the re- sponsible official shall consult with and obtain the com- ments of any public agency which has jurisdiction by law or special expertise with respect to any environmen- tal impact involved. Copies of such statement and the comments and views of the appropriate federal, province, state, and local agencies, which are authorized to de- velop and enforce environmental standards, shall be made available to the governor, the department of ecol- ogy, the ecological commission, and the public, and shall accompany the proposal through the existing agency re- view processes; (e) Study, develop, and describe appropriate alterna- tives to recommended courses of action in any proposal which involves unresolved conflicts concerning alterna- tive uses of available resources; (f) Recognize the world-wide and long-range charac- ter of environmental problems and, where consistent ICh. 43.21C RCW~p 2] with state policy, lend appropriate support to initiatives, resolutions, and programs designed to maximize interna- tional cooperation in anticipating and preventing a de- cline in the quality of mankind's world environment; (g) Make available to the federal government, other states, provinces of Canada, municipalities, institutions, and individuals, advice and information useful in restor- ing, maintaining, and enhancing the quality of the environment; (h) Initiate and utilize ecological information in the planning and development of natural resource-oriented projects. [1971 ex.s. c 109 § 3.] RCW 43.21C.031 Significant impacts. An environ- mental impact statement (the detailed statement re- quired by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement under this chapter. An environmental impact statement is required to an- alyze only those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of an environmental impact state- ment. The subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environ- mental impact statement. Discussions of significant short-term and long-term environmental impacts, sig- nificant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated should be consolidated or included, as appli- cable, in those sections of an environmental impact statement where the responsible official decides they logically belong. [1983 c 117 § 1.] RCW 43.21C.035 Certain irrigation projects deci- sions exempt from RCW 43.21C.030(2)(c). Decisions per- taining to applications for appropriation of fifty cubic feet of water per second or less for irrigation projects p.romulgated by any person, private firm, private corpo- ration or private association without resort to subsidy by either state or federal government pursuant to RCW 90.03.250 through 90.03.340, as now or hereafter amended, to be used for agricultural irrigation shall not be subject to the requirements of RCW 43.21C.030(2)(c), as now or hereafter amended. [1974 ex.s. c 150 § 1.] RCW 43.21C.037 Application of RCW 43.21C.030(2)(c) to forest practices. (1) Decisions per- taining to applications for Class I, II, and III forest practices, as defined by rule of the forest practices board under RCW 76.09.050, are not subject to the require- ments of RCW 43.21C.030(2)(c) as now or hereafter amended. (1983 Laws)