HomeMy WebLinkAbout3247 Related to Affordable Housing; Amending PTMC Chapters 17.08, 17.16, and 17.34 Ordinance 3247
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ORDINANCE NO. 3247
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED
TO AFFORDABLE HOUSING; AMENDING CHAPTERS 17.08, 17.16, AND 17.34 OF
THE PORT TOWNSEND MUNICIPAL CODE, AMENDING REGULATIONS
RELATED TO MODULATION, ACCESSORY DWELLING UNITS, COTTAGE
HOUSING, TYPES OF RESIDENTIAL STRUCTURES ALLOWED IN THE R-IV
ZONING DISTRICT AND THE DEFINTION OF FAMILY
WHEREAS, The City of Port Townsend is facing a shortage of housing options and the
City Council seeks to minimize the barriers to develop additional housing; and
WHEREAS, in 2017 the City Council Ad Hoc Committee on Housing forwarded several
recommendations for code amendments related to housing to City Council for their
consideration; and
WHEREAS, at a City Council Business meeting on April 2, 2018, a motion was passed
tasking the Planning Commission to review potential changes to PTMC Chapters 17 and 19; and
WHEREAS, Planning staff provided notice of intent to adopt the proposed development
regulation amendments to the State Department of Commerce for review and comment prior to
the adoption of this ordinance (RCW 36.70A.106). Expedited review was requested and granted.
No substantive comments were received from DOC prior to the adoption of this ordinance; and,
WHEREAS, the Planning Commission, after timely notice, held a public hearing to
accept public testimony on this matter on December 30, 2019 and recommended to the City
Council that PTMC Chapter 20.04 be amended as proposed; and
WHEREAS, the City Council held an open record public hearing on March 16, 2020,
and has considered public comments and written submittals, and considered the recommendation
of the Planning Commission:
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Section 1. Amendments.
1. Section 17.08.030 of the Port Townsend Municipal Code is amended as set forth in
substantially the same form as in Exhibit A.
2. Section 17.16.020 of the Port Townsend Municipal Code is amended as set forth in
substantially the same form as in Exhibit B.
3. Table 17.16.020 of the Port Townsend Municipal Code is amended as set forth in
substantially the same form as in Exhibit C.
Ordinance 3247
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4. Table 17.16.030 of the Port Townsend Municipal Code are amended as set forth in
substantially the same form as in Exhibit D.
5. Section 17.34.030 of the Port Townsend Municipal Code is amended as set forth in
substantially the same form as in Exhibit E.
Section 2 Severability. If any sentence, clause or phrase of this ordinance should be held
to be invalid or 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 or work of this ordinance.
Section 3. °l ransinittal to 1 cpq 1ncnt of Commerce. The City Clerk shall transmit a
copy of this Ordinance to the State Department of Commerce (DOC) within ten (10) days of
adoption of this ordinance.
Section 4. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the
Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and
incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser
are further authorized to make non-substantive edits related to numbering, grammar, spelling,
and formatting consistent with this Ordinance.
Section 5m. Effective Date,This ordinance shall take effect and be in force 5 days
following its publication in the manner provided by law
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 6t" day of April 2020.
Michelle Sandoval
Mayor
Attest: Approved as to Form:
........: .... ....... ........ ............... n ,.,.,.. . .. .... .._._.... ..._.________ .,,,,,..
Joanna Sanders, MMC l lcidi ClreenVwC_ ad
City Clerk City Attorney
Ordinance 3247 Exhibit A
Page I af10
Exhibit A
17.08.030 E through H.
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary and
integral to support an electric vehicle, including battery charging stations, rapid charging
stations, and battery exchange stations.
"Electrical distribution substation" means an assembly of equipment designed to receive energy
from a high voltage distribution supply system, to convert it to a form suitable for local
distribution and to distribute the energy to feeders through switching equipment designed to
protect the service from the effects of faults.
"Emergency repair" means work necessary to prevent destruction or dilapidation of real property
or appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other
disaster, or to correct an unsafe condition.
"Emergency shelter"means a facility that provides housing for individuals and families in the
event of a declared emergency or an immediately hazardous situation as determined by local,
state or federal governments. Emergency shelters organized by the American Red Cross to
provide disaster relief shall be permitted outright in all zoning districts.
"Engineering design standards" is synonymous with "engineering standards" and means the
city's engineering, design and construction standards and specifications governing the
construction of public and private improvements serving developments. The city's engineering
design standards include standards for streets and roads and other transportation facilities in
accordance with PTMC Title 12, standards for water, sewer and stormwater improvements in
accordance with PTMC Title 13, and the public works engineering design standards manual.
"Equipment enclosure," as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities,
means a structure, shelter, cabinet, box or vault designed for and used to house and protect the
electronic equipment necessary and/or desirable for processing wireless communication signals
and data, including any provisions for mechanical cooling equipment, air conditioning,
ventilation, or back-up power supplies or emergency generators.
"Equipment rental service, commercial" means a business which rents or leases equipment for
personal or household use, including but not limited to power and hand tools, yard and garden
equipment, or party supplies such as dishware, glassware, and folding tables and chairs. This
does not include rental of furniture or appliances, which is classified under "Furniture, home
furnishings, and appliance stores." It also does not include rental or leasing of portable toilets,
heavy equipment like bulldozers, or similar services to the construction trades. These are
classified as light manufacturing uses.
Ordinance 3247 Exhibit A
Page 2 of]0
"Essential public facilities" means public facilities and privately owned or operated facilities
serving a public purpose. The term includes essential public facilities of statewide significance
listed in RCW 36.70A.200, and locally defined essential public facilities listed in the countywide
planning policy for Jefferson County, Policy No. 4. Examples of essential public facilities
include, but are not limited to: airports; state educational facilities; state or regional
transportation facilities; prisons,jails, and other correctional facilities; solid waste handling
facilities; inpatient facilities such as group homes and mental health facilities; sewage treatment
facilities; and communication towers and antennas.
"Essential use" means that use for the preservation or promotion of which the use district was
created, and to which all other permitted uses are subordinate.
"Establishment" means an economic unit, generally at a single physical location, where business
is conducted or services are offered.
"Fairgrounds" means an area that is set aside for fairs and other major public events. Typically,
fairgrounds include exhibition halls, arenas for competitions like rodeos, horse races, and animal
agility trials, and open space for setting up booths and other entertainments. Campgrounds for
transient use may also be included within a fairground. Fairgrounds may host a broad range of
events attracting a community-wide audience (e.g., county fairs, truck competitions, exhibitions,
carnivals, or circuses) to small gatherings (e.g., club meetings, educational workshops, private
parties/weddings, charity events, weekend sales events).
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"Family home child care" means a facility licensed to provide direct care, supervision and early
learning opportunities for 12 or fewer children at any one time, in the home of the licensee where
the licensee resides and is the primary provider, as presently defined and hereafter amended
(WAC 1 7 0-296-0020).
Farmers Market. See "Swap meet."
"FCC" means the Federal Communications Commission.
"Fence" means any artificially constructed barrier of any material or combination of materials
erected to enclose, screen or separate areas. This definition does not include arbors, trellises, and
Ordinance 3247 Exhibit A
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other framework installations which are either freestanding or integral to a fence or wall or
hedges. See also "Arbor" and "Hedge."
"Ferry landing" means a dock used for loading passengers or motor vehicles to any commercial
waterborne vessel on which transportation is offered for compensation.
"Financial institutions" means establishments such as, but not limited to, banks and trust
companies, credit agencies, investment companies, brokers and dealers of securities and
commodities, and other similar uses.
"Flag" means the officially recognized symbol of a government jurisdiction displayed on cloth or
similar flexible fabric.
"Flashing sign" means a sign or a portion thereof which changes light intensity or switches on
and off in a repetitive pattern, or uses electrical energy to provide motion or the optical illusion
of motion.
"Flea market" means an occasional sales activity held within a building, structure, or open area
where groups of individual sellers offer goods, new and used, for sale to the public, but not to
include private garage sales. See also "Swap meet."
"Floor" means the top surface of an enclosed area in a building (including basement) (i.e., the
top of a slab in concrete slab construction or the top of wood flooring in wood frame
construction). The term does not include the floor of a garage used primarily for the parking of
vehicles and where openings are installed to allow the free passage of water.
"Floor area, gross" means the sum of the gross horizontal areas of the floors of a building or
buildings, measured from the exterior faces of exterior walls and from the centerline of division
walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor,
mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more,
penthouse floors, interior balconies and mezzanines, enclosed porches. Floor area shall not
include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with
headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways and
open spaces.
"Floor area, ground" means the gross floor area for the first floor of a structure only. The first
floor which is at or above grade level.
"Floor area, net total" means the sum of the gross floor area for all floors excluding that portion
of upper floors with sloping rooms with a ceiling height of less than five feet.
Ordinance 3247 Exhibit A
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"Floor area ratio (FAR)" means the gross floor area of all of the floors of any building or
buildings on a lot, divided by the area of such lot, or in the case of planned unit developments, by
the net lot area.
"Floor area, usable" means any floor area within the outside walls of a building exclusive of
areas in cellars, basements, unfinished attics, garages, open porches, and accessory buildings.
"Food hub" means a facility where agricultural, aquaculture, or fishery products are aggregated,
cut, cleaned and packaged for redistribution. These facilities do not include slaughter of animals.
"Food stores" means stores primarily engaged in selling food and beverages for home
preparation and consumption. It includes grocery stores; meat and fish markets, including freezer
provisioners; fruit and vegetable markets; candy, nut, and confectionery stores; dairy products
stores; retail bakeries; wine and beer shops; liquor stores; and miscellaneous stores specializing
in items such as spices, coffee, or health foods. As an accessory use, a food store may also sell
prepared products for on-site or off-site consumption.
"Foster home" means a home licensed and regulated by the state and classified by the state as a
foster home, providing care and guidance for not more than five unrelated juveniles, adults or
both.
"Fourplex" means a single building containing four attached dwelling units, either side by side or
above one another separated by fire-resistive common wall or common floor/ceiling assemblies.
Over and under fourplexes shall have common floor-ceilings between dwelling units. For
purposes of this title, fourplexes are considered single-family dwellings within R-I and R-II
districts; provided, that the base density requirements of the district are not exceeded. See also
"Duplex" and"Triplex."
"Fraternal organization" means a group of people formally organized for a common interest,
usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written
membership requirements. (Note: this is not a "fraternity").
"Fraternity, sorority, or student cooperative" means a building occupied by and maintained
exclusively for students affiliated with an academic or professional college or university, or other
recognized institution of higher learning and regulated by such institution.
"Freestanding sign" means a sign which is supported by uprights or braces connected
permanently to the ground and which is not connected to a building. See also "Pole sign."
"Fuel storage facility" means an area that is used or planned to be used for the bulk storage of
petroleum, propane, and similar products used for heating purposes, powering motor vehicles,
boats and ships, and aircraft, and operating electrical generating plants. The facilities may be
aboveground or underground storage tanks.
Ordinance 3247 Exhibit A
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"Full cutoff lighting fixture" means, as defined by the Illuminating Engineering Society of North
America (IESNA), a full cutoff luminaire (fixture) has no direct uplight (light emitted above
horizontal) and eliminates glare by limiting the intensity of light from the fixture in the region
between 80 and 90 degrees above a point on the ground directly below the fixture. A "fully
shielded" fixture eliminates direct uplight but may not reduce or eliminate glare.
"Funeral parlors and mortuaries" means businesses primarily engaged in conducting funerals and
preparing the dead for burial, but not including crematoriums.
"Furniture, home furnishings, and appliance stores" means businesses primarily engaged in the
retail sale of goods used for furnishing the home, such as furniture, floor coverings, draperies,
lighting fixtures, wood stoves, domestic cook stoves, refrigerators, and other household electrical
and gas appliances. This category also includes rental of furniture, appliances, and the like.
Consumer electronics such as televisions, stereo equipment, and personal computers are
classified under "Specialty stores." Mini-computers and mainframe computers are classified
under office supplies and equipment stores. See also "Specialty stores."
"Garage, private residential" means a structure that is accessory to a residential building and that
is used for the parking and storage of vehicles owned and operated by the residents thereof, and
that is not a separate commercial enterprise available to the general public.
"Garage, public parking" means a building, or portion of building, or area beneath a building or
structure, except those described as a private garage, used only for the parking of motor vehicles.
"General merchandise store" means a store that sells a wide variety of grocery and nongrocery
items. Stores that sell nongrocery items (such as consumer electronics, hardware, building
materials, apparel, sporting goods, automotive supplies or the like) as a major component of their
business (i.e., 30 percent or more of display area) are classified as general merchandise stores.
Stores that primarily sell groceries (i.e., 70 percent or more of their display area) are classified as
grocery stores.
"Golf course" means a tract of land laid out for at least nine holes for playing the game of golf
and improved with tees, greens, fairways, and hazards, and that may include a clubhouse and
shelter. See also "Country club."
Grade.
1. "Finished grade" means the lowest point of elevation of the finished surface of the
ground, paving or sidewalk, within the area between the building and the property line or,
when the property line is more than 10 feet from the building, between the building and a
line 10 feet from the building.
Ordinance 3247 Exhibit A
Page 6 of10
2. "Natural grade" means the elevation of the ground level in its natural state, before
construction, filling, or excavation.
3. For the purposes of Chapter 17.76 PTMC, Signs, "grade" means the average elevation of
the ground surface immediately below the sign after construction, exclusive of any filling,
berming, mounding or excavating solely for the purpose of locating the sign. In cases in
which the grade cannot reasonably be determined, sign height shall be equal to the
elevation of the nearest point of the crown of a public street or the grade of the land at the
main entry to the principal building, whichever is lower.
4. "Average grade" means a reference established by averaging the grade elevations at the
four corners surrounding a building.
"Grand opening" means the celebration or promotional period beginning on or shortly after the
date when a new, permanent business or use is open for business in a permanent, fixed building,
Grand opening events must be related to: opening of a new business; a change of business
location; construction of a new business structure; major remodeling or expansion valued at
$50,000 or more; change of ownership; or change of name.
"Greenbelt" means a strip of land, variable in width, for the planting, growing and maintaining of
cultivated landscaping.
"Greenhouse" means an enclosed building, permanent or portable, that is used for the growth of
small (i.e., less than 10 feet in height) plants.
"Grocery store" means a subcategory of food store which is primarily engaged in the retail sale
of a wide variety of fresh foods, packaged foods and household supplies for preparation and
consumption in the home. Commonly known as a supermarket, grocery store, or minimarket, this
type of store sells such goods as tea, coffee, spices, sugar, flour and packaged foods; fresh and/or
frozen fruits and vegetables; fresh and/or prepared meats, fish, and poultry; domestic cleaning
products and paper goods; and miscellaneous small items for home use. See also "Food stores."
A store which also sells a wide variety of nongrocery items (such as automotive supplies,
consumer electronics, hardware, building materials, apparel, sporting goods or the like) as a
major part of its sales (i.e., 30 percent or more of its display area) is classified as a general
merchandise store.
"Gross acreage" means the total area within the lot lines of a lot or parcel of land before public
streets, easements or other areas to be dedicated or reserved for public use are deducted from
such lot or parcel.
"Group home for the disabled" means a dwelling shared by four or more disabled persons, and
resident staff, who live together as a single housekeeping unit and in a long-term, family-like
Ordinance 3247 Exhibit A
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environment in which staff persons provide care, education, and participation in community
activities for residents with the primary goal of enabling the resident to live as independently as
possible in order to reach their maximum potential. As used herein, "disabled" means:
1. Having a physical or mental impairment that substantially limits one or more of such
person's major life activities so that such person is incapable of living independently;
2. Having a record of having such an impairment; or
3. Being regarded as having such an impairment.
However, "disabled" shall not include current illegal use of or addiction to a controlled
substance, nor shall it include any person whose residency in the home would constitute a direct
threat to the health and safety of other individuals. "Group home for the disabled" shall not
include alcoholism or drug treatment centers, work-release facilities for convicts or ex-convicts,
or other housing facilities serving as an alternative to incarceration.
"Guest house"/"detached bedroom" means a detached building used as sleeping quarters with a
bathroom but without a kitchen located on the same lot with a principal building and occupied
for the sole use of members of the family, temporary guests, or persons permanently employed
on the premises. One guest house/detached bedroom is permitted as an accessory use to a single-
family dwelling. See also "Accessory dwelling unit."
"Guyed tower," as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means a
monopole or lattice tower that is stiffened or anchored to the ground or other surface by cables.
"Halfway house" means a licensed home for inmates on release from more restrictive custodial
confinement or initially placed in lieu of such more restrictive confinement wherein supervision,
rehabilitation, and counseling are provided to mainstream a person back into society.
"Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or
criteria of hazardous waste as described in the Washington Administrative Code (WAC) rules
adopted under Chapter 70.105 RCW.
"Hazardous waste" means all dangerous and extremely hazardous waste, including substances,
composed of both radioactive and hazardous components, regulated under either
Chapter 70.105 RCW, or the Washington Administrative Code (WAC) rules adopted pursuant
thereto.
"Hazardous waste facility" means any facility on which the treatment or storage of hazardous
waste occurs, including but not limited to those facilities defined in WAC 173-30.3..-04.01.
Ordinance 3247 Exhibit A
Page 8 of10
"Health club" means gymnasiums (except those associated with educational institutions), steam
baths, saunas, private clubs (athletic, health, or recreational), reducing salons, and weight control
establishments.
"Heavy manufacturing" means a use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials, or a use engaged in the
storage of or manufacturing processes that potentially involve hazardous or commonly
recognized offensive conditions. See also "High-impact use."
"Hedge" means any self-supporting barrier of living vegetation that encloses, screens, or
separates areas.
"Height," as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means the
vertical distance measured from the lowest preexisting ground level within the footprint of the
facility to the highest point on the facility, including but not limited to the antenna or antenna
array. See also "Building height."
"High-impact use" means a business establishment which is considered to be dangerous and/or
noxious due to the probability and/or magnitude of its effects on the environment. High-impact
uses shall include but are not limited to:
1. Battery manufacturing, reprocessing;
2. Crude petroleum refinery and storage;
3. Creosote manufacture and treatment;
4. Distillation of wood, coal or bones, or manufacture of byproducts; animal black or bone
black manufacturing;
5. Fuel (illuminating or heating) manufacture or storage;
6. Incineration or reduction of garbage, offal, dead animals, or refuse;
7. Manufacture of poisons, pesticides and herbicides;
8. Manufacture of Class IA or 1B flammable liquids as defined by the International Fire
Code, storage of same in aboveground containers;
9. Manufacture or substantial use of ammonia, chlorine, asbestos, oxygen, hydrogen acids
(hydrochloric, nitric, picric, sulfurous, sulfuric);
10. Rendering of fat, tallow, lard; extraction of animal or fish fats and oils;
Ordinance 3247 Exhibit A
Page 9 of10
11. Smelting of ore;
12. Stockyards, hog farms, slaughterhouses, including packing and freezing;
13. Storage of explosives, as defined by the International Fire Code;
14. Tanneries; and
15. Wood pulp manufacture.
See also "Heavy manufacturing."
"Historic district" or"historic overlay district" means that area within the city of Port Townsend
nominated to the National Register of Historic Places on April 19, 1976, the boundaries of which
are described as:
Beginning at Port Townsend Bay in a northwesterly direction co-linear with Polk
Street and continuing to the edge of the bluff along Water Street, then following the
bluff toward the southwest to the vacated Scott Street right of way, along that vacated
right of way to its intersection with Jefferson Street, southwest along Jefferson one
half block then 90 degrees to the northwest along a line parallel to Scott Street
continuing to Lawrence Street, northeast along Lawrence to Walker Street, northwest
along Walker to Blaine Street, northeast along Blaine to Van Buren Street, southeast
along Van Buren to Garfield Street, northeast along Garfield to Harrison Street,
northwest along Harrison to Chestnut Street, north along Chestnut to F Street, east
along F to Oak Street, north along Oak to Taft Street, along Taft to a point midblock
between Adams and Quincy Streets, then 90 degrees to the northwest along a line
parallel to Quincy then 90 degrees to the northeast taking in the property at the west
corner of Quincy and Taft Streets, returning along Quincy to Taft and continuing
along Taft Street northeast to Admiralty Inlet.
"Historic structure" or "historic building" means any building or structures individually listed or
eligible to be listed on the National Register of Historic Places or Port Townsend register of
historic places.
"Home occupation" means any profession, trade, occupation, or activity carried on for a
livelihood or engaged in with the object of gain, benefit, or advantage to the participant or
another person or class, directly or indirectly, for profit, and which is conducted as a customary,
incidental, and accessory use in the resident's dwelling unit or an associated accessory structure.
Home occupations shall only be allowed as regulated pursuant to Chapter 17.56 PTMC.
"Homeless shelter" means a facility operated by a public entity or nonprofit organization
providing transient shelter, or food and transient shelter, for a limited period of time (i.e., an
Ordinance 3247 Exhibit A
Page 10 of10
individual may occupy the shelter for no more than 29 consecutive calendar days or as otherwise
specified in the conditions of the permit) to individuals and/or families having neither a home
nor means to obtain a home or other temporary lodging. Homeless shelters shall meet any
applicable state licensing requirements. An established religious organization may establish a
homeless shelter within buildings on the property as an accessory use subject to the requirements
of the zoning district.
"Horticulture" means the science and art of cultivating flowers, fruits, vegetables, or ornamental
plants.
"Hospital" means a facility providing primary health services and medical or surgical care to
persons, primarily inpatients suffering from illness, disease, injury, deformity, other abnormal
physical or mental conditions, chemical or substance dependency or abuse, and including as an
integral part of the institution related facilities such as laboratories, outpatient facilities, and
training facilities.
Hospital, Animal. See "Veterinary hospital or clinic."
"Hostel" means a budget-oriented transient accommodation where guests share dormitory-style
sleeping rooms, bathrooms, lounge areas, and sometimes kitchens for short-term stays.
"Hotel" means any building or portion thereof containing five or more rooms which share a
common entry to the building that are rented or hired out to be occupied for sleeping purposes
for compensation. A central kitchen and dining room and accessory shops and services catering
to the general public may be provided. All rooms located within a hotel shall be under common
ownership. Hotel rooms cannot be owned individually. Not included are institutions housing
persons under legal restraint or requiring medical attention or care. A hotel is a"short term
rental."
Hotel, Apartment. See "Apartment hotel."
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"HPC" or "Port Townsend historic preservation committee" means the committee created by
Port Townsend Ordinance No. 2035 and codified in Chapter 2.72 PTMC. (Ord. 3172 § 5 (Exh.
D), 2017; Ord. 3154 § 4(1) (Exh. C), 2016; Ord. 3037 § 1 (Exh. A), 2010; Ord. 3035 §§ 2, 3,
2010; Ord. 2982 § 1, 2008; Ord. 2977 § 1, 2008; Ord. 2939 § 3, 2007; Ord. 2898 § 6, 2005; Ord.
2867 § 2, 2004; Ord. 2840 § 2(Exh. E), 2003; Ord. 2792 § 1, 2001; Ord. 2782 § 4, 2001; Ord.
2700 § 4, 1999; Ord. 2571 § 2, 1997).
Ordinance 3247 Exhibit B
Exhibit B
17.16.020 Permitted, conditional and prohibited uses —Accessory dwelling units.
C. Accessory Dwelling Units—Limitations on Use. One accessory dwelling unit (ADU) may be
established only as an accessory use to a single-family, detached residence (and specifically, not
including a duplex, triplex or fourplex), provided the following conditions are continuously met:
1. A certificate of occupancy pursuant to the currently adopted city construction codes shall
be obtained from the building official and posted within the ADU. The code inspection and
compliance required to obtain a certificate of occupancy in an existing building shall be
restricted to the portion of the building to be occupied by an ADU and shall apply only to
new construction rather than existing components, except that any high hazards (i.e.,
smoke detectors, fire exits, stairways, LP gas appliances and fire separation) shall be
corrected. Where additional fire separation is unduly burdensome, the building official may
authorize a fire alarm system in lieu of required fire separation.
2. Neither the main nor accessory dwelling unit shall be used as a short term rental, except
as provided for in PTMC 1,1...,m7m.(ml;0(B)(2).
3. ADUs established in an outbuilding shall not exceed 800 square feet in floor area and
�P exceed X-- 1000
ADU§ establishedwithinor attached to the rimar......re„s„residence shall no„t... ....�........—..._,-00 ._
§quare feet, and under no circumstance shall the total lot coverage of the primary residence
along with the ADU exceed the standard allowed in the underlying zoning district.
4. In order to preserve the outward appearance of single-family neighborhoods, the front of
the house shall have only one exterior entrance.
5. An ADU may be established in a residence or outbuilding that is legal, nonconforming
with respect to required setbacks if entrances are no closer than five feet to neighboring
property lines, and if each side window that is closer than five feet to a side property line
and that is also closer than 20 feet to either the front or rear property line is permanently
glazed with translucent material; provided, that the director may permit an entrance as
close as three feet to a neighboring property line upon a finding that no feasible alternative
exists.
6. Repealed by Ord. 2939
Ordinance 3247 Exhibit C
Page I of 11
Exhibit C
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
..... ......... ....__
DISTRICT I R-I R-IIR-III R-IV�A.....................................................
PPLICABLE REGULATIONS/NOTES
SINGLE-FAMILY RESIDENTIAL USES
Accessory dwelling units P P P X PTMC 1 7.1-6.030, Bulk, dimensional and
density requirements. For ADUs in the R-III
zone, the ADU shall be counted toward the
maximum housing density as provided in
PTMC 17.16._030.
Adult family homes (for 6 or P P P P PTMC 17.16,030, Bulk, dimensional and
fewer adults) density requirements.
Emergency shelter (6 or fewer P P P P Same as above.
adults)
Emergency shelters P P P P This provision recognizes the Red Cross's
established by the American desired use of various facilities located in the
Red Cross during a time of residential zoning districts during a time of
public emergency public emergency.
_...�...__...... ........ _
Group homes for the disabled P P P P PTMC 17.16.030, Bulk, dimensional and
(6 or fewer residents) density requirements.
Manufactured homes (on P P P X Manufactured homes, whether used as
individual lots) single-family residences or as an ADU,
meeting the definition for "manufactured
home" and set on a permanent foundation
with the space from the bottom of the home
to the ground enclosed by either load-bearing
concrete or decorative concrete or masonry
Ordinance 3247 Exhibit C
Page 2 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
blocks so that no more than one foot of the
perimeter foundation is visible above grade,
are permitted on individual lots in R-I, R-II
and R-III zoning districts, subject to
PTMC 17,1 ,0g, Bulk, dimensional and
density requirements. Title to the
manufactured home shall be eliminated as a
condition of building permit approval, and no
certificate of occupancy shall issue until the
applicant has completed correctly the title
elimination process. The placement of
manufactured homes that were constructed
more than three years prior is prohibited.
..-..........._............. _ ...........................
Mobile homes and trailer X X X X
homes (on individual lots)
Modular homes P P P X PTMC ,17.1 , Bulk, dimensional and
density requirements. Modular homes are
constructed in accordance with the
International Building Code and are
considered a type of single-family dwelling.
Single-family dwellings P P P X PTMC 17.16-030, Bulk, dimensional and
(including duplexes, triplexes, P density requirements. Single-family dweliirngm
and fourplexes which meet in the R-IV zone are limited to four lexes.
the base density requirements
of the applicabledistrict)
Ordinance 3247 Exhibit C
Page 3 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
DISTRICTR-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Cottage housing C P P X Ch. 17.34 PTMC, Cottage Housing
developments Development Design Standards; Ch. 17.46
PTMC, Commercial, Multifamily, Cottage
Housing Developments, and Mixed Use
Architectural and Site Design Review
Processes; Ch. 18.20 PTMC, Binding Site
Plans; Ch. 19.06 PTMC, Article III —
Standards for Tree Conservation.
__. _...__. .. _...........__.
Transient use of single-family X X X X See PTMC 17.08.060, "Transient
residential uses (including accommodation."
duplexes, triplexes, and
fourplexes and cottage
housing)
MULTIFAMILY RESIDENTIAL USES
Apartment houses X C P P Chapter 17.36 PTMC, Multifamily Residential
Development Standards; and
PTMC 17.16.030, Bulk, dimensional and
density requirements. Regardless of any
other code provision, applications for
conditional use permits for apartment houses
in the R-II zone are minor conditional uses
and processed as Type II permits per
Chapter 20.01 PTMC.
Boardinghouses (six or fewer P P P P Same as above.
roomers)
Ordinance 3247 Exhibit C
Page 4 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
DISTRICT R-1 R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Lodging houses (seven or X X P P Same as above.
more roomers)
Congregate care or assisted X X P P Same as above. Also, noncommercial
living facilities (with seven or medical marijuana collective gardens are
more dwelling permitted subject to the standards of
units/bedrooms) PTMC 17.1 .026(C).
Foster homes P P P P Same as above.
Fraternities, sororities and X X C C Same as above.
student cooperatives
._._......... _._._.........
Halfway house X X X X See definition PTMC 17.08.030.
Multifamily dwellings X C P P Same as above.
Nursing, rest, or convalescent X C P P Same as above. Also, noncommercial
homes (seven or more medical marijuana collective gardens are
persons) permitted subject to the standards of
PTMC 17.1 , 26(C).
......_........
Residential treatment facilities C C P P
Residential treatment facilities X X P P "Group homes" are considered an "essential
including group homes for the public facility" under RCW 3 .7A,200;
disabled (for seven or more "...their siting cannot be precluded by
residents) development regulations..."; and
PTMC 17.16.030, Bulk, dimensional and
density requirements,.
Ordinance 3247 Exhibit C
Page 5 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
DISTRICT R-1 R-IIR-III R-IV APPLICABLE REGULATIONS/NOTES
Townhouses or rowhouses X X P P Ch. 17.36 PTMC, Multifamily Residential
(zero lot lines) Development Standards; and
PTMC 17.1 6.030, Bulk, dimensional and
density requirements.
Transient use of multifamily X X X X See PTMC 17`.06.060, "Transient
residential uses accommodation."
_._._............_._ __ ._. ...... .................. _._.
COMMERCIAL USES
.......... ........ __..
Adult entertainment facilities X X X X
.._. __.............-._ ......._ .._._._. _ — __ _-._--._-
Bed and breakfast inns C C C C PTMC 17.16.030, Bulk, dimensional and
density requirements.
Child day care centers and C1 C1 C C... (1m) See PTMC 17.52.020(6) for child care as
stand alone preschools an accessory use. Child day care centers
may be permitted in any residential zone
through the planned unit development (PUD)
process, see Ch. 17.32 PTMC.
Ch, 17.52 PTMC, Child Care Facilities; and
PTMC 17.16.030, Bulk, dimensional and
density requirements.
Commercial uses as part of a P P P P PTMC 17.32,060, Modification of permitted
planned unit development uses — Commercial uses.
Family home child care and P P P P Same as above.
in-home preschools
Ordinance 3247 Exhibit C
Page 6 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
DISTRICT R-1 R-11 R-III R-IV APPLICABLE REGULATIONS/NOTES
Home occupations P P P P Ch. 17.56 PTMC, Home Occupations; and
PTMC 17.16.030, Bulk, dimensional and
density requirements.
Tourist homes C C C C PTMC 17.16.030, Bulk, dimensional and
density requirements.
ACCESSORY USES
Accessory buildings P P P P PTMC 17,16.030, Bulk and dimensional
requirements.
Detached office/studio P P P X Subject to home occupation regulations, Ch.
17.56 PTMC.
Fuel oil and kerosene P P P P Such containers require a permit and
containers inspection pursuant to Ch. 16.04 PTMC,
Building Code, may only be permitted for
domestic heating purposes, must be located
aboveground, and may not exceed 750
gallons' capacity.
Guesthouse/detached P P X X See definition PTMC 17.08.030.
bedroom
Garages, private residential P P P P PTMC 17,16.030, Bulk, dimensional and
density requirements.
AGRICULTURAL USES
Barns P C X X PTMC 17.16.030, Bulk, dimensional and
density requirements.
Ordinance 3247 Exhibit C
Page 7 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
........ .
applicable
. .....
DISTRICT R-1 R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Community agricultural center C C X X Ch. 17.84 PTMC, Conditional Uses.
Structures including farmer/apprentice
housing are subject to PTMC 17.16.030,
Bulk, dimensional and density requirements.
Community agricultural centers are limited to
locations fronting onto principal arterial,
collector, and minor arterial streets. All office
and retail uses shall be secondary to the
agricultural component of the center.
Concession stands, P P* X X PTMC 17.16.080, Bulk, dimensional and
agricultural or produce density requirements; temporary agricultural
or produce stands are subject to Ch. 17.60
PTMC, Temporary Uses.
*In the R-II zone, concession stands are
limited to locations fronting onto principal
arterial, collector, and minor arterial streets.
Crop or tree farming (no retail P P X X
sales)
Crop or tree farming with P P X X All parking shall be off-street,
community supported
agriculture sales
Stables, private and riding P C X X PTMC 17.16,080, Bulk, dimensional and
density requirements.
Ordinance 3247 Exhibit C
Page 8 of 11
Table 17.16.020
Residential Zoning Districts – Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
DISTRICT R-1 R-11 R-III R-IV APPLICABLE REGULATIONS/NOTES
Plant nurseries, landscaping C C X X Same as above.
materials, greenhouses
(commercial)
Small animal husbandry, C X X X Same as above.
commercial
Small animal husbandry, P P P P Same as above.
noncommercial
U-pick sales of cropsP P X X All parking shall be off-street.
---J—I— —L
OTHER USES
Cemeteries C C X X
Churches C C C C Church buildings must comply with the
requirements of PTMC "17.16.031, Bulk,
dimensional and density requirements;
however, towers, spires and steeples
exceeding the height requirements of that
section may be allowed, provided they
comply with International Building Code.
Community clubhouses P P P P PTMC 17.16.030, Bulk, dimensional and
density requirements.
Fraternal organizations C C C X Same as above.
Kennels, animal C X X X Same as above.
Medical marijuana, personal P P P P PTMC 17.16.025(6); PTMC 17.16.030, Bulk,
cultivation dimensional and density requirements.
Ordinance 3247 Exhibit C
Page 9 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; NIA = Not
........ ................._...._ .
applicable
DISTRICT R-1 R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Medical marijuana, P P P X, PTMC 17.16.06(C); PTMC 17.16.030, Bulk,
noncommercial collective dimensional and density requirements.
garden (1) A noncommercial collective garden is
allowed on a parcel containing a congregate
care, assisted living, nursing, rest or
convalescent home.
Public facilities P P P P Same as above.
Personal wireless service N/A N/A N/A N/A Refer to Chapter 17.78 PTMC, Personal
facilities Wireless Service Facilities, for list of
permitted, conditional and prohibited uses
and other substantive requirements.
Radio and television towers C C C C Such facilities are allowed in all zoning
districts subject to the conditional use permit
requirements of Ch. 17.84 PTMC; however,
such facilities are prohibited within the limits
of the Port Townsend National Register
Historic District; and PTMC 71 6.030, Bulk,
dimensional and density requirements,
except as provided in applicable Federal
Communications Commission rules and
regulations.
Satellite dishes, P P P P Satellite dishes and antennas shall meet the
noncommercial, and antennas requirements of PTMC 17.16.030, Bulk,
dimensional and density requirements,
LL .--- ... --- - --- --- ...... ... ...... ... ......................
except as provided in applicable Federal
Ordinance 3247 Exhibit C
Page 10 of 11
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
_. .... __.....�....................................
.......W W
DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Communications Commission rules and
regulations.
Schools, higher education X X C C PTMC '17.16.030, Bulk, dimensional and
density requirements.
Schools (public or private) C C C X PTMC 17.16.030, Bulk, dimensional and
density requirements.
Stadiums, arenas, and C C X X PTMC 17.16.030, Bulk, dimensional and
assembly halls density requirements.
Veterinary hospitals C X X X Same as above.
TEMPORARY USES
Contractor offices and model P P P P PTMC 17.16.030, Bulk, dimensional and
homes density requirements; and Ch. 17.60 PTMC,
Temporary Uses.
Rummage or other outdoor P P P P Ch. 17.60 PTMC, Temporary Uses.
sales
Shipping or temporary storage P P P P Permitted as a temporary use not to exceed
containers 14 days; provided, that the director of the
development services department may
establish a longer time frame in conjunction
with an approved development permit or
separately Y as a temporary use subject to Ch.
17.60 PTMC, Temporary Uses.
p Y
Yard or garage sales P P P P Same as above.
Ordinance 3247 Exhibit C
Page 11 of 11
(Ord. 3241 § 1 (Exhs. A, B), 2019; Ord. 3172 § 7 (Exh. F), 2017; Ord. 3112 § 1 (Exh. B), 2014; Ord. 3035
§4, 2010; Ord. 3026 § 1 (Exh. A-6§ 1), 2010; Ord. 2982 § 1, 2008; Ord. 2977 § 1, 2008; Ord. 2939§§4,
5, 8, 2007; Ord. 2916 §4, 2006; Ord. 2898 §§2, 3, 2005; Ord. 2893 § 1, 2005; Ord. 2867 §2, 2004; Ord.
2864 § 5(Exh. D§2), 2004; Ord. 2837 §2(Exh. B §7), 2003; Ord. 2825§4, 2003; Ord. 2792 § 2, 2001;
Ord. 2782 §4, 2001; Ord. 2700§§ 9, 10, 1999; Ord. 2670 § 3.2, 1998; Ord. 2571 §2, 1997).
Ordinance 3247 Exhibit D
Page 1 of 5
Exhibit D
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
.. [ .
DISTRICT R-I R-II R-III R-IV
4 dwelling units 8 dwelling units 16 units per 40,000 24 units per
(Multiple dwelling units (Multiple dwelling sf of lot area 40,000 sf of
on a single lot must be units on a single lot lot area
contained within a single must be contained
MAXIMUM structure, except: a within a single
HOUSING permitted accessory structure, except: a
DENSITY dwelling unit (ADU) may permitted accessory
(units per be established in a dwelling unit (ADU)
40,000 square separate building if may be established
foot area) allowed by in a separate
PTMC 17...16 020) building if allowed
(10,000 sf of lot area per by
unit) PTMC 17
1a. Y" )
(5,000 sf of lot area
per unit)
10 units where a 15 units
MINIMUM parcel and/or
AVERAGE contiguous parcels
HOUSING under single
DENSITY ownership are
(units per 12,000 square feet
40,000 square in size or greater;
foot area) minimum average
density = 1
unit/4,000 sf
MAXIMUM 4 (Note: limited Structures with five, No limit No limit
NUMBER OF structures with more six, seven, or eight
DWELLING than 4 dwellings perdwellings may be
Ordinance 3247 Exhibit D
Page 2 of 5
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
--- ....................._.
DISTRICT R-I R-II R-III R-IV
UNITS IN ANY structure may be permitted through a
ONE permitted through the conditional use
STRUCTURE PUD process, see permit
Chapter 17.32 PTMC.)
10,000 sf= single-family 5,000 sf= single- 3,000 sf = single-
detached family detached family detached;
5,000 sf = single-
family attached
(duplex); 7,500 sf=
MINIMUM LOT single-family
SIZE attached (triplex);
and 10,000 sf=
single-family
attached (fourplex)
and 12,500 sf=
multifamily')
MINIMUM LOT 50' 50' 30' except: .....
WIDTH 100' = multifamily
20' except: 10' except: 20' except: 10' 20' except:
50' = barns and 20' for garages with w/side or rear 10' w/side
agricultural buildings vehicle access parking/garages; or rear
facing a street right- garages with parking; no
MINIMUM of-way and vehicle access setback for
FRONT YARD 50' = barns and facing a street multifamily
SETBACKS agricultural right-of-way must structures
buildings be set back 20'; no located
setback for within 200
multifamily feet of an
structures located abutting
Ordinance 3247 Exhibit D
Page 3 of 5
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
....... W
DISTRICT R-I R-II R-III R-IV
within 200 feet of mixed use
an abutting mixed zoning
use zoning district district
20' except: 10' except: 10' except: 15' except:
50' = barns and 100' = barns and no setback for 20' if
agricultural buildings, agricultural multifamily directly
and 100' if abutting an buildings structures located abutting an
R-II, R-III, or R-IV zoning within 200 feet of R-I or R-II
district an abutting mixed district; no
MINIMUM use zoning district setback for
REAR YARD multifamily
SETBACKS structures
located
within 200
feet of an
abutting
mixed use
zoning
district
15' minimum total with 15' minimum total 5' except: 15' except:
10' minimum on one side with 10' minimum 10' = along a street 20' if
and 5' minimum on the on one side and 5' r-o-w; 20' for directly
MINIMUM other side. minimum on the garages with abutting an
SIDE YARD 10' = abutting a street r- other side. vehicle access R-I or R-II
SETBACKS o-w; 20' for garages with 10' = abutting a facing a street district; no
vehicle access facing a street r-o-w; 20' for right-of-way and no setback for
street right-of-way and garages with setback for multifamily
50' = barns and vehicle access multifamily structures
agricultural buildings and facing a street right- structures located located
Ordinance 3247 Exhibit D
Page 4 of 5
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
DISTRICT R-I R-II R-III rabutting
100' if abutting an R-II, of-way and 100' = within 200 feet of
R-III, or R-IV zoning barns and an abutting mixed
district agricultural use zoning district buildings mxeuse
zoning
district
MAXIMUM 30' 30' 35' 35'
BUILDING
HEIGHT
MAXIMUM 25% 35% except 40% 45% 50%
LOT where an ADU is
COVERAGEincluded in the lot.
Maximum.w It fer th Ma.xisn -n-wa## Not apt licable Not
M t4l M Ul�'N without modu#ation= 20'1 length-without applicable
3iir�irnum r�°roduNation n�odu#anion �...2Omt
MODULATION
ON PRIMARY
deptt'a- 2 i m141+r•RA 3g'-i-rimir
eTa��T
modrul-ation wrdth-= 8',, mod-ulation depth
STREET
AGADF 2°4,-r inm,u,r +
modutwation width =
8'
�.—._. ._. ..._..............
Any lot line abutting a Any lot line abutting Any lot line Any lot line
public r-o-w = 4'; any lot a public r-o-w = 4'; abutting a public r- abutting a
MAXIMUM line not abutting a public any lot line not o-w = 4'; any lot public r-o-w
FENCE r-o-w = 8'; rear abutting abutting a public r- line not abutting a = 4'; any lot
HEIGHT* a public street r-o-w = 4'; o-w = 8'; rear public r-o-w = 8'; line not
see note below abutting a public rear abutting a abutting a
street r-o-w = 4'; public street r-o-w public r-o-w
see note below = 8'; rear
Ordinance 3247 Exhibit D
Page 5 of 5
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
DISTRICT R-I R-IIR-III R-IV
= 4'; see note abutting a
below public street
r-o-w = 4';
see note
below
r) In order to achieve the minimum density, a subdivision of parcels 12,000 square feet or greater shall not
allow individual lots larger than 4,000 square feet unless it can be assured that the minimum density will be
achieved.
"Note: Maximum heights for up to 100 percent solid fences apply within any required front, side, or rear
setback area or along the lot line except within the clear vision area; refer to Chapter 17.68 PTMC,
Fences, Walls, Arbors and Hedges, for specific requirements. Standards apply to open and unopened
right-of-way (r-o-w).
(Ord. 3241 § 1 (Exhs. A, B), 2019; Ord. 3042 § 1 (Exh. A), 2010; Ord., 3038§ 1 (Exh. A), 20101; Ord. 3035
§ 5, 2010; Ord. 2982 § 2, 2008; Ord, 2967 §4.2, 2008; Ord. 2939 §§ 1, 2, 2007; Ord. 2913§ 2, 2005; Ord,
2825 §4, 2003; Ord. 2782 §4, 2001; Ord. 2716 §4.3, 1999; Ord. 2700 § 11, 1999; Ord. 2571 §2, 1997).
Ordinance 3247 Exhibit E
Exhibit E
17.34.030 Density, number of cottage housing units and minimum lot area.
A. In cottage housing developments the permitted densities shall be as follows:
R-II Medium R-III Medium
Zoning District R-I Low DensityDensity Single- Density
Residential
Family Multifamily
Maximum Cottage Density 1 cottage dwelling 1 cottage 1 cottage dwelling
unit per 5,000 sf dwelling unit per unit per 2-,857
8 338 2500 sf
2500 sf
Minimum number of cottages per 4 4 4
cottage housing development
Maximum number of cottages per 8 12 14
cottage housing development
Minimum lot size (accommodates 20,000 sf 13,382 10,000 sf 11,428 10,000 sf
4 cottages)
B. Projects that exceed the above maximums must be processed as planned unit developments per
Chapter 17.32 PTMC. (Ord. 2864 § 3, 2004).