HomeMy WebLinkAbout2971 Interim Regulations - National Historic Landmark District ZoningORDINANCE N0.2971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND, WASHINGTON, RELATING TO LAND USE AND
ZONING, ADOPTING AN IMMEDIATE EMERGENCY INTERIM
REGULATION RE-DESIGNATING R-III ZONING WITHIN THE
NATIONAL HISTORIC LANDMARK DISTRICT TO R-II UNTIL THE
CITY FINISHES THE PROCESS OF CODE REVIEW AND
AMENDMENT RELATING TO ZONING IN THE HISTORIC DISTRICT,
SUCH INTERIM REGULATION TO BE EFFECTIVE IMMEDIATELY,
PROVIDING FOR A PUBLIC HEARING ON THE INTERIM
REGULATION, ESTABLISHING SIX MONTHS AS THE TENTATIVE
EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON
THE CONTINUED MAINTENANCE OF THE INTERIM REGULATION,
AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE
ADOPTION OF AN INTERIM REGULATION
RECITALS
1. On February 11, 2008, the City Council reviewed the status of policies and procedures
concerning potential demolition of historic structures outside the downtown historic district, and
also the related issue of demolition of existing houses and their replacement with significantly
larger houses that can "max out" available bulk and size to an extent that may be seen as
incompatible with the existing "look and feel" of the neighborhood.
2. The City Council determines to review the issue of R-III zoning in the Historic District, and
to hold public hearings and workshops to obtain testimony and evidence from the public on the
issue of building sizes.
3. The City Council determines that a task force comprised of a City Councilor, Planning
Commissioner, HPC member, and citizens (including historic home owners), to be formed to
advise the City Council and Planning Commission and HPC on historic preservation issues and
the appropriateness of review before demolition of an historic structure occurs, and tasked with
the issue of building size, should also review the appropriateness of R-III zoning and its impact
on historic preservation.
4. While review is underway, the City Council determines that the issue of R-III zoning should
be addressed while an interim regulation is in place, to prevent any property owners from
submitting applications for development or re-development under the existing codes, except as
provided by this Ordinance.
6. The City Council may adopt an immediate interim regulation for a period of up to six months
on the acceptance of certain development permit applications as long as the City Council holds a
public hearing on the proposed interim regulation within sixty days after adoption (RCW
35A.63.220, RCW 36.70A.390).
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7. The City desires to impose an immediate six-month interim regulation on the acceptance of
applications for building permits as defined in the Port Townsend Municipal Code Section for
building in any R-III zoning district, based on R-III zoning or development regulations, and
further to re-designate R-III zoning in the Historic District to R-II on an interim basis.
8. The City needs additional time to consider properly and cazefully an Ordinance on the
appropriateness of R-III zoning in the Historic District, and to allow the processes identified
above to provide recommendations to the City Council.
9. The City Council finds it is appropriate to preserve the status quo and to prevent the vesting
of any new applications for building permits in the R-III zoning districts or land divisions based
on R-III zoning in the Historic District that are or maybe inconsistent with the outcome of the
pending planning effort.
10. RCW 35A.63.220 relating to Code cities like Port Townsend and 36.70A.390, a section of
the Growth Management Act (Ch. 36.70), authorizes the City to adopt interim regulations to
preserve the status quo while new plans or regulations are considered and prepared.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON,
ORDAINS AS FOLLOWS:
Section 1. Purpose. The purpose of this interim regulation is to allow the City to
continue the process of analyzing the issue of the appropriateness of R-III zoning in the Historic
District and its impact on historic preservation without the possibility that developers will submit
applications for land division or development under the existing codes. The City Council is
currently engaged in a process to determine the appropriateness of R-III zoning in the Historic
District and its impact on historic preservation. Additional time is needed to fully explore the
options available to the City.
Section 2. Interim Regulation. The City Council hereby imposes an immediate six-
month interim regulation as follows:
All property zoned R-III in the Historic Overlay District defined in Chapter 17.30 PTMC
is hereby rezoned to R-II.
Within the Historic Overlay District, no applications for development or land division
based on R-III zoning or development regulations shall be accepted.
Within the Historic Overlay District, any land division, and the construction, changing,
altering, modifying, remodeling of any structure of any residentially zoned property shall
conform to the requirements and regulations of R-II zoning and development regulations.
Section 3. Duration of Interim Re ulg ation. The interim regulation imposed by this
Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City
holds a public hearing on the interim regulation and adopts findings and conclusions in support
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of the interim regulation (as contemplated by Section 4 herein), the interim regulation shall not
terminate until six (6) months after the date of adoption, or at the time all of the tasks described
herein have been accomplished, whichever is sooner. The Council shall make the decision to
terminate the interim regulation by ordinance, and termination shall not otherwise be presumed
to have occurred.
Section 4. Public Hearin¢ on Interim Regulations. Pursuant to RCW 36.70A.390 and
RCW 35A.63.220, the City Council shall hold a public hearing on these interim regulations
within sixty (60) days of its adoption. Immediately after the public hearing, the City Council
shall adopt findings of fact on the subject of these interim regulations and either justify its
continued imposition or cancel the interim regulations.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 6. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect immediately upon passage by a
majority vote plus one of the whale membership of the Council. Without immediate interim
regulations on the City's acceptance of applications for demolition of historic structures as set
forth in this Ordinance, such applications could become vested, leading to demolitions that could
be incompatible with the codes eventually adopted by the City. Therefore, the interim
regulations must be imposed as an emergency measure to protect the public health, safety and
welfare, and to prevent the submission of applications to the City in an attempt to vest rights for
an indefinite period of time.
Section 7. Vested Ri¢hts; Development and Re-development. This Ordinance does not
affect any existing vested rights. Those with vested approvals may proceed with processing and
permits under R-III zoning.
Section 8. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 9. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 7, as long as it is approved by a majority plus
one of the entire membership of the Council, as required by RCW 35A.12.130.
Section 10. Penalty
A. Director's Authority. Whenever the Development Services Director or his or her designee
("director") determines that a condition exists in violation of this ordinance or any standard
required to be adhered to by this ordinance, or in violation of any permit issued hereunder, he or
she is authorized to enforce the provisions of this chapter.
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B. Chapter 20.10 PTMC Applicable. All violations of any provision of this ordinance or
incorporated standards, or of any permit or license issued hereunder, are declared nuisances and
made subject to the administration and enforcement provisions of Chapter 20.10 PTMC,
including any amendments, and including but not limited to, abatement, criminal penalty, and
civil penalty as set forth in Chapter 20.10 PTMC, which are incorporated by reference as if set
forth herein.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this nineteenth day of February 2008.
Michelle Sando al, Mayor
Attest: Approved as to Form:
Pamela Kolacy, MMC, City Cler John P. Watts, City Attorney
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