HomeMy WebLinkAbout3272 Related to Housing Regulations; Amending Chapters 17.08, 17.16, and 17.32 of the PTMC Ordinance 3272
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ORDINANCE NO. 3272
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED
TO HOUSING REGULATIONS; AMENDING CHAPTERS 17.08, 17.16,AND 17.32 OF
THE PORT TOWNSEND MUNICIPAL CODE,AMENDING REGULATIONS
RELATED TO PLANNED UNIT DEVELOPMENTS, ZERO LOT LINE DUPLEXES,
COMMUNITY GARDENS,AND THE DEFINITION OF CHILD CARE FACILITY
WHEREAS, The City of Port Townsend is facing a shortage of housing options and the
City Council seeks to encourage a diversity of housing types and to minimize the barriers to
develop additional housing; 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 March 25, 2021 and recommended to the City Council
that PTMC Chapters 17.08, 17.16, and 17.32 be amended as proposed; and
WHEREAS,the City Council held an open record public hearing on September 20,
2021, 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 17.08.020 of the Port Townsend Municipal Code is amended as set forth in
substantially the same form as in Exhibit A
2. Section 17.08.070 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.
4. Section 17.32.060 of the Port Townsend Municipal Code is amended as set forth in
substantially the sarne form as in Exhibit D.
5. Section 17.32.090 of the Port Townsend Municipal Code is amended as set forth in
substantially the same form as Exhibit E.
6. Table 17.16.030 of the Port Townsend Municipal Code is amended as set forth in
substantially the same form as Exhibit F.
Ordinance 3272
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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. Transnlit al to Dc ar merit ofConn er°ce. 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 5 Effective ective late. This ordinance shall take effect and be in force five 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 4th day of October 2021.
Michelle Sandova
Mayor
Attest: "'r Approved as to Form:
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_.......... ..._ -
Joanna Sanders, MMC I-ordi C�r�•eeriwoo
City Clerk City Attorney
Ordinance 3272 Exhibit A
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EXHIBIT A
17.08.020A through D.
"Abandoned sign"means a sign that no longer correctly identifies, exhorts, or advertises any
person, business, lessor, lessee, owner, product, or activity conducted or available on or off the
premises on which such sign is located.
"Abutting"means having a common border with or being separated from such common border
by a public right-of-way. See also "Contiguous."
"Accessory building" means a subordinate building attached to or detached from the principal
building, used for purposes customarily incidental to the use of the principal building and
situated on the same lot. Accessory buildings include but are not limited to an automobile storage
garage, play house, laundry room, garden shelter, hobby room and mechanical room. T4w-
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"Accessory dwelling unit" means a separate dwelling unit that is substantially contained within
the structure of a single-family residence or an outbuilding which is accessory to such residence.
"Accessory use" means a use incidental and subordinate to the principal use and located on the
same lot or in the same building as the principal use.
"Addition (to an existing building)" means any roofed and/or walled expansion to the perimeter
of a building in which the addition is connected by a common load-bearing wall other than a fire
wall. Any walled and/or roofed addition that is connected by a fire wall or is separated by
independent perimeter load-bearing walls is considered to be new construction.
"Adult arcade"means a commercial establishment containing individual viewing areas or booths
where, for any form of consideration, including a membership fee, one or more still or motion
picture projectors, slide projectors, digital images or other similar image-producing machines are
used to show films, motion pictures, video cassettes, slides, or other visual representations that
are distinguished or characterized by a predominant emphasis on matters depicting, describing,
or simulating any specified sexual activities or any specified anatomical areas.
"Adult business license" means a license issued by the city clerk under this chapter to the owner
or operator of an adult entertainment facility.
"Adult cabaret" means a nightclub, bar, restaurant, tavern, or other similar commercial
establishment, whether or not alcoholic beverages are served, that regularly features:
1. Persons who appear nude or semi-nude; or
2. Live performances which are distinguished or characterized by a predominant emphasis
on matters depicting, describing, or simulating any specified anatomical areas or any
specified sexual activities.
"Adult entertainment"means:
Ordinance 3272 Exhibit A
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1. Any exhibition, performance or dance conducted in an adult entertainment facility where
such exhibition, performance or dance is distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating any specified sexual activities or
any specified anatomical areas; or
2. Any exhibition, performance or dance intended to sexually stimulate any patron and
conducted in an adult entertainment facility where such exhibition, performance or dance is
performed for, arranged with, or engaged in with fewer than all patrons in the adult
entertainment facility at that time, with separate consideration paid, either directly or
indirectly, for such performance, exhibition or dance. For purposes of example and not
limitation, such exhibitions, performances or dances are commonly referred to as table
dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
"Adult entertainment facility" means a commercial establishment defined herein as an adult
arcade, adult cabaret, adult motion picture theater, adult retail store, or other establishment where
adult entertainment is offered, including but not limited to private membership clubs.
"Adult family home" means a home in which residential care is provided on a 24-hour basis by
an owner or tenant of the dwelling unit in which care is provided,plus the family of the provider.
The maximum number of adults to be accommodated in such a home shall conform to the
requirements of the Washington State Department of Social and Health Services as currently
exist or are hereafter amended. As of the date of the ordinance codified in this section, the
maximum number allowed by state law is six.
"Adult motion picture theater" means an enclosed commercial establishment where, for any form
of consideration, motion pictures, films, video cassettes, slides, or other similar visual media are
regularly shown that are distinguished or characterized by a predominant emphasis on matters
depicting, describing, or simulating any specified sexual activities or any specified anatomical
areas.
"Adult retail store"means an enclosed building or any portion thereof which, for money or any
other form of consideration, devotes a significant or substantial portion of stock in trade to the
sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented materials. For
purposes of this definition, a retail store devotes a significant or substantial portion of its stock in
trade to sexually oriented materials if the sale, exchange, rental, loan, trade, transfer or viewing
of such sexually oriented materials is clearly material to the economic viability of the business. It
is rebuttably presumed that such sexually oriented materials are clearly material to the viability
of the business if sexually oriented materials accounts for:
1. Twenty-five percent or more of the retail dollar value of gross sales over any quarterly
period;
2. Twenty-five percent or more of the floor area of the store open to the public;
3. Twenty-five percent or more of the retail dollar value of all merchandise displayed in the
store;
4. Twenty-five percent or more of the store's inventory (whether measured by retail dollar
value or number of items); or
Ordinance 3272 Exhibit A
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5. Twenty-five percent or more of the store's stock in trade.
In no event shall a retailer whose transactions only incidentally or marginally relate to sexually
oriented materials be considered an adult retail store.
"Advertising" means any display of letters, numerals, characters, words, symbols, emblems,
illustrations, objects or registered trademarks which serve to call to the attention of the public
products, services, businesses, buildings, premises, events, candidates or ballot propositions.
"Advertising vehicle" means any vehicle or trailer visible from a public right-of-way which has
attached thereto or located thereon any sign or advertising device for the purpose of providing
advertisement of products or directing people to a business or activity located on the same or
nearby property or any other premises.
"Affordable housing" means those housing units available for purchase or rent to individuals or
families with a gross income between the federally recognized poverty level and the median
income based on household size in Jefferson County; and whose costs, including utilities, would
not exceed 30 percent of gross income.
"Agriculture" means the tilling of soil,the raising of crops, horticulture, viticulture, small
livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all
uses customarily incidental thereto except small animal husbandry on a noncommercial scale.
"Airports and heliports"means any area of land or structure designated and set aside for the
landing and taking off of any aircraft regulated by the Federal Aviation Administration.
"Alley" means a public thoroughfare or way which affords only a secondary means of access to
abutting property.
"Alterations" means:
1. Generally: a change or rearrangement of the structural parts of existing facilities, or an
enlargement by extending the sides or increasing the height or depth, or the moving from one
location to another. In buildings for business, commercial, manufacturing or similar uses, the
installation or rearrangement of partitions affecting more than one-third of a single floor area
shall be considered an alteration; or
2. As used in Chapter 17.30 PTMC, Historic Preservation Code: any act or process which
changes one or more of the exterior architectural features of a building or structure.
"Alternative support structure" means any building, roof, water tank, flagpole, steeple or other
type of structure to which any type of antenna or antenna array and associated equipment are
affixed.
"Amusement device" means any machine or device which provides recreation or entertainment
only, for which a charge is made for use or play, and includes, but is not limited to, pool tables,
video games, pinball, shuffleboards, mechanical music machines, flipper games, bowling games,
shooting galleries, weightlifting devices, punching bags, riding devices for not more than four
persons, or other games operated by insertion of a coin or operated by remote control or with a
Ordinance 3272 Exhibit A
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timing device, but shall not mean or include any machine or device used exclusively for the
vending of merchandise.
"Amusement park or center" means any establishment, place, or business location where more
than 20 amusement devices are available for play or use by the general public. Such a park or
center may also include miniature golf areas, bumper cars, batting cages, arcades, bumper boats,
go-carts, and such similar activities.
Animal Hospital. See "Veterinary hospital or clinic."
Animal Kennel. See "Kennel, animal."
"Antenna"means:
1. Generally: a cable, pole, tower or other device used for transmitting or receiving radio or
television signals.
2. As used in Chapter 17.78 PTMC, Personal Wireless Service Facilities: any exterior
equipment attached or mounted to a monopole or alternative support structure in the form of
one or more rods, panels, discs or similar devices used for the transmission or reception of
radio or electromagnetic frequency signals for any telecommunication purpose.
a. "Antenna, panel"generally, is a rectangular antenna designed to transmit and/or
receive signals in a specific directional pattern which is less than 360 degrees, typically
an arc of approximately 120 degrees.
b. "Antenna, parabolic" or"antenna, dish"means a bowl-shaped device for the reception
and transmission of radio frequency signals in a specific directional pattern. Also
referred to as a satellite dish.
c. "Antenna, whip" or "antenna, rod" means an omnidirectional antenna which is
designed to transmit and/or receive signals in a 360-degree pattern, and which is no
more than five inches in diameter.
"Antenna array"means two or more devices, panels, dishes, rods or similar devices used for the
transmission or reception of radio frequency signals, microwave or other signals for
telecommunications purposes. Two or more such devices affixed or attached to a monopole or to
an alternative support structure are included in the definition of antenna array.
"Apartment" means a room or suite of rooms within an apartment house or apartment hotel, used
as a dwelling unit for one family with facilities that function or are intended to function for
living, sleeping, and cooking.
"Apartment hotel" means an apartment house that furnishes services for the use of its tenants
which are ordinarily furnished by hotels, but the privileges of which are not primarily available
to the general public.
"Apartment house" means a building or portion of a building arranged or designed to be
occupied as five or more separate dwelling units.
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"Apparel and accessory stores" means stores primarily engaged in selling new or used clothing,
shoes,jewelry, and related articles for personal wear and adornment and stores which rent
clothing such as costumes or formal wear.
"Applicant" means the person, his/her agents, successors or assigns who submits or is required to
submit an application pursuant to this title.
"Arbor"means any detached latticework or archway often used to support vines or climbing
shrubs.
Arcade.
1. "Amusement arcade"means any establishment, room,place, or business location where
more than five amusement devices are available for play or use by the general public.
2. "Structural arcade" means a permanently roofed, arched, covered, continuous area or
passageway at ground level, open to a street, plaza, open space, or building, that is accessible
and open to the public.
"Artisan cheesemaking" means a combination retail, wholesale, and small-scale artisan
manufacturing business that produces and serves cheese on the premises.
"Automobile rental agencies" means businesses primarily engaged in short-term rental or
extended-term leasing of passenger cars, hearses, limousines, and the like, without drivers.
Finance (equity or full-payout) leasing of the automobiles is defined as "Motor vehicle sales."
"Automobile sales and service establishments, new or used" means an establishment that
provides for the sale of motorized vehicles as its primary use, and allows for minor or major
repairs, or paint and body work. No body damaged vehicle or vehicle components exposed to
view from a public roadway shall be permitted.
"Automobile wrecking yard"means any premises devoted to dismantling or wrecking of motor
vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their
parts.
Automotive Repair Establishment.
1. "Minor repair" means a retail sales and service establishment that shall include only those
repairs able to be effected within one working day, such as brake repair, engine tune-ups, oil
changes, lubrications, front end alignments, and the like. No outdoor sales, repair, or service
work shall be allowed. Repair services of a major nature, including but not limited to engine
or transmission overhauls or body work, shall not be included within this definition. Outdoor
storage or display of vehicles, parts, equipment, or tires shall not be included within this
definition. The service or repair of trucks or other similar vehicles that exceed a one-ton
rated capacity shall be prohibited. No body damaged vehicle or vehicle components exposed
to view from a public roadway shall be permitted.
2. "Major repair"means a retail sales and service establishment that provides for the
painting, repainting, or retouching and/or major mechanical repairs and adjustments of motor
vehicles such as engine overhauls, transmission overhauls, and the like which usually require
Ordinance 3272 Exhibit A
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more than one working day for service. No outdoor sales, repair or service work shall be
allowed. No body damaged vehicle or vehicle components exposed to view from a public
roadway shall be permitted.
3. "Paint or body shop" means a building or other structure used for painting, repainting, or
retouching and/or major nonmechanical repairs and adjustments of motor vehicles.
Awning Sign. See "Canopy sign."
"Bakery, retail" means an establishment where the majority of retail sale is of products such as
breads, cakes, pies, pastries, etc., that are baked or produced and sold on premises.
"Bakery, wholesale" means an establishment where breads, cakes, pies, pastries, etc., are baked
or produced primarily for wholesale rather than retail sale.
"Bank" means savings and loans, credit unions, and other depository institutions.
"Banner, decorative"means an object made of multicolored cloth, fabric or similar flexible
material which displays abstract or representational forms and which is completely devoid of
letters, numbers, words or advertising. Streamers shall not be considered decorative banners.
"Banner sign" means any sign intended to be hung, with or without framing, and possessing
characters, letters, symbols, emblems, trademarks, illustrations, or ornamentations applied to
fabric or similar flexible material. Flags, decorative banners, canopy signs, and temporary signs,
treated elsewhere in this title, shall not be considered banner signs.
Bar. See "Drinking establishment."
"Barn"means a building designed and used primarily for shelter and storage of livestock,
livestock feed, and agricultural equipment.
"Basement"means that portion of a building partly underground and having at least one-half of
its height below the adjacent finished grade.
"Battery charging station"means a Level 1 or 2 electrical component assembly or cluster of
component assemblies designed specifically to charge batteries within electric vehicles, which
meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and
consistent with rules adopted by the building code council for electric vehicle infrastructure
requirements. See also: "Charging levels"; "Rapid charging station."
"Battery exchange station" means a fully automated facility that will enable an electric vehicle
with a swappable battery to enter a drive lane and exchange the depleted battery with a fully
charged battery through a fully automated process, which meets or exceeds any standards, codes,
and regulations set forth by Chapter 19.28 RCW and consistent with the rules adopted by the
building code council for electric vehicle infrastructure requirements.
"Bed and breakfast inn" means a short term rental with a central kitchen which provides the
primary residence for the owner or operator and which offers guest rooms for travelers and
transient guests for compensation. Food service may be offered exclusively to people registered
to use the inn for lodging or special events.
Ordinance 3272 Exhibit A
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"Bedroom"means a room integrated within a dwelling unit or other housing type permitted by
the zoning district. A bedroom is a room other than a kitchen, dining room, living room,
bathroom, office, or closet,that is marketed, designed, or otherwise likely to function primarily
for sleeping.
"Bench sign" means a sign located on any part of the surface of a bench or seat placed on or
visible from a public right-of-way.
"Billboard sign" means any outdoor sign containing advertising which is not related to any use
or activity on the premises on which the sign is located, but not including directional signs as
defined in this title.
"Boardinghouse"means a dwelling with a single kitchen that provides the primary residence for
the owner or operator and in which not more than six roomers, lodgers and/or boarders are
housed or fed. A boardinghouse is to be distinguished from both a lodging house and a hotel.
"Boat house" means a structure designed for storage of vessels located over water or in upland
areas. Boat houses should not be confused with "houseboats." (See "Boat storage facility.")
"Boat sales and rentals" means a business primarily engaged in sales and/or rental of new and
used motorboats, sailboats, and other watercraft. Businesses primarily engaged in the sale of
supplies for boating, such as sails, outboard motors, and marine hardware, are classified as
specialty stores.
"Boat storage facility" means a facility meant to provide long-term shelter for watercraft and
their accessories (e.g., canoes, sail boats, power boats, etc.), not including service, repair or sales.
(See "Boat house.")
"Building" means:
1. Generally: any structure having a roof, but excluding all forms of vehicles even though
immobilized. When a use is required to be within a building, or where special authority
granted pursuant to this title requires that a use shall be within an entirely enclosed building,
then "building" means one so designed and constructed that all exterior walls of the structure
shall be solid from the ground to the roof line, and shall contain no openings except for
windows and doors which are designed so that they may be closed.
2. As used in Chapter 17.78 PTMC, Personal Wireless Service Facilities: a fully enclosed
structure capable of being inhabited, and does not include open structures such as towers,
steeples, porches or other attachments to buildings.
"Building height" means the vertical distance from the average natural (preexisting) grade to the
highest point of the coping of a flat roof or the deck line of a mansard roof or the average height
of the highest gable of a pitched or hipped roof.
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"Building line" means the line of that face, corner, or any part of a building nearest the property
line, including by way of example but not limited to all cornices, architectural appendages,
exterior balconies, and similar projections beyond the main foundation line of a building, but
excluding the top roof or roof overhang of buildings, and excluding sidewalks, driveways and
patios on ground level, and decks less than 30 inches in height.
"Building materials, garden and farm supplies store"means businesses primarily engaged in
selling products such as lumber and other building materials; paint; glass; wallpaper; hardware;
nursery; tractors; and farm supplies such as seeds, feeds, fertilizer, and farm tools. It includes
such firms if they sell to the general public, even if they also sell to contractors; if they do not
sell to the general public at all they are defined as "Wholesale trade."Florists and other stores
selling cut flowers and potted plants not grown on the premises are classified as specialty stores.
See also "Greenhouse"and "Plant nursery."
"Building official" means a duly appointed officer of the city charged with the administration
and enforcement of the International Building Code.
"Building, principal"means a fully enclosed and roofed structure, or portion thereof in separate
ownership,which houses the primary uses of at least one business, residence or other
establishment. Accessory buildings or outbuildings are not included in this definition.
"Bulk plant facility" means a facility where flammable or combustible liquids are received by
tank vessel, pipelines, tank car, or tank vehicle and are stored or blended in bulk for the purpose
Ordinance 3272 Exhibit A
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of distributing such liquids by tank vessel, pipeline, tank car, portable tank or container, or via
other methods of wholesale sales.
"Bus and transit storage and maintenance facility"means any building and adjacent outdoor
space required for the servicing, washing, and the overnight parking of buses or other transit
vehicles that are used for transporting the general public, tourists, school children, the elderly,
and/or handicapped or construction workers.
"Business service" means an establishment primarily engaged in rendering services to other
business establishments on a fee or contract basis, not involving the sale of any goods or
commodities available on the premises, and not dispensing a personal service. Business service
establishments may include, but are not necessarily limited to, activities such as real estate,
insurance, accounting or bookkeeping, financial institutions, management or consulting firms, or
other similar uses.
"Camouflaged" means the use of shape, color and texture to cause an object to appear to become
a part of something else, usually a structure such as a building, wall, flagpole, street pole, or roof.
Camouflage does not mean "invisible," but rather"appearing as part of or exactly like the
structure used as a mount."
"Campground, public"means any parcel or adjacent parcels of land in public ownership which
provides sanitary facilities and spaces for pitching tents for short-term occupancy of a transient,
recreational nature. Those public campground facilities that also provide parking for two or more
recreational vehicles are considered recreational vehicle parks. See "Recreational vehicle park,
public."
Cannabis. See "Marijuana."As used in administering this zoning code, "cannabis"most
frequently refers to provisions related to medical marijuana; however, the terms "cannabis" and
"marijuana"throughout are considered interchangeable.
"Canopy" means a temporary or fixed shelter supported entirely from the exterior wall of a
building without other means of support to the ground. For the purposes of this title, "canopy"
shall include "awning."
"Canopy sign" means any sign erected upon or against a canopy or awning.
"Car wash"means a building, or portion thereof, containing facilities for washing automobiles
utilizing mechanical devices.
"Carnival" means a temporary commercial entertainment with rides, games, etc., for the general
public.
"Carport" means a structure to house or protect motor vehicles owned or operated by the
occupants of the principal building and which has at least 40 percent of the total area of its sides
open to the weather.
"Cemetery" means a place for the burial or interment of dead persons or household pets.
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"Certificate of occupancy"means a permit to occupy a premises issued by the building official
after inspection has verified compliance with the requirements and provisions of this title and
applicable building codes.
"Certificate of review"means the report of the HPC described in Chapters 17.30, Historic
Overlay District Design Review, and 17.46 PTMC, Commercial, Multifamily, Cottage Housing
Developments, and Mixed Use Architectural and Site Design Review Processes.
"Charging levels" means the standardized indicators of electrical force, or voltage, at which an
electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common EV charging
levels, and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging—see "Rapid charging station."
"Child care facility" means a building or structure in which an agency, person or persons
provides developmentally appropriate care, protection and supervision of children that is
designed to promote positive growth and educational experiences for children outside of their
home for periods of less than 24 hours a day, as currently and hereafter defined in WAC
170-296-0020. Child care facilities include preschools (not state-licensed), family home child
care and child day care centers that are regulated by the Washington State Department of Early
Learning, as presently defined and hereafter amended (WAC 170-295-0010 and 170-296-0020).
As used in this title, the tens ;:also ii1cludes any developmental l r disabled or handica p.ed aersons
irres ggtye o age and any elderly individuals but does not iiicla.iciethe4etwn,""e"itejade(,k -
itie-ltide babysitting services of a casual, nonrecurring nature or in them served
individual's own home. Likewise,the term is not intended to include cooperative, reciprocal
child care by a group of parents in their respective homes.
"Child day care center" means a facility providing regularly scheduled care for children one
month of age through 12 years of age for periods less than 24 hours, as presently defined and
hereafter amended (WAC 170-295-0010). The Department of Early Learning (DEL) may license
a center in a private family residence when the portion of the residence accessible to the children
is:
1. Used exclusively for the children during the center's operating hours or while the children
are in care; or
2. Separate from the family living quarters, as presently defined and hereafter amended
(WAC 170-295-0020(7)).
"Church" means a building or structure, or groups of buildings or structures, that by design and
construction are primarily intended for conducting organized religious services and associated
accessory uses, not to include schools which exceed normal religious service hours.
"Clear ceiling height" means the vertical distance from the surface of the ground floor to the
lowest point on the ceiling.
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"Clear vision area" means the area at an intersection with restrictions on vegetation and
structures imposed in order to ensure visibility for pedestrians and operators of vehicles. The
city's engineering design standards manual provides restrictions and limitations for construction
of structures and landscaping within the clear vision area.
"Club" means buildings or facilities owned or operated by a corporation, association, person or
persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not
primarily for profit or to render a service that is customarily carried on as a business. See also
"Country club," "Health club" and "Private clubs."
Club, Private. See "Private clubs."
"Clubhouse" means a building used to house a club or social organization, including clubs
associated with golf courses.
Cocktail Lounge. See "Drinking establishment."
"Collective garden, medical marijuana, commercial" means a garden as authorized and limited
under RCW 69.51A.085 and local law, where qualifying patients may assume responsibility for
acquiring and supplying cannabis for medical use in a commercial (including nonprofit) format.
Qualified patients may create and participate in the city's form of commercial collective garden,
where allowed, subject to the following conditions and standards:
1. The commercial garden owner obtains and maintains a business license and pays all
applicable taxes (business and occupation; retail sales);
2. As part of issuing a business license, the commercial garden owner signs an agreement
(city drafted) acknowledging the use is not being vested should subsequent changes in state
law regarding medical marijuana render the location nonconforming. The agreement would
also indemnify and hold the city harmless for actions related to the collective garden; and
3. No on-site cultivation is permitted and only one commercial collective garden is allowed
per parcel of land;
4.Notwithstanding the provisions of Chapter 17.88 PTMC (Nonconforming Lots, Structures
and Uses), any preexisting collective garden in operation within a commercial zone as of the
effective date of this chapter shall be brought into full compliance with the provisions of this
chapter within six months of its effective date.
"Collective garden, medical marijuana, noncommercial"means a garden as authorized and
limited under RCW 69.51A.085 and local law, where qualifying patients (or their designated
provider) may assume responsibility for acquiring and supplying the resources required to
produce and process cannabis for medical use in a strictly noncommercial and neighborhood
compatible format. Within the city, qualifying patients (or their designated provider)may create
and participate in a noncommercial form of collective garden for the purposes of producing,
processing,transporting, and delivering cannabis for medical use where allowed in the city's
residential zones subject to the following conditions and standards:
Ordinance 3272 Exhibit A
Page 12 of 19
1. Only one collective garden is allowed on a parcel of land containing a detached
single-family residence and/or accessory dwelling unit. One collective garden is also allowed
on a parcel of land containing a congregate care, assisted living, nursing, rest or convalescent
home. Cannabis processing must occur indoors within a rigid structure (e.g., a primary or
accessory building);
2. The property owner where each collective garden is located must reside on site, register
the location with the city's development services department(DSD) and demonstrate it lies
more than 300 feet from the restricted entities listed in WAC 314-55-050(10). The method of
measuring distance and the definitions of restricted entities shall be the same as those
established in Chapter 314-55 WAC. The city may require a collective garden operator to
verify the required 300-foot buffer will be adhered to via the services of a Washington State
licensed surveyor;
3. As part of registration, the location owner signs and returns to the city an agreement(city
drafted) acknowledging the use is not being vested should state law on medical marijuana be
changed to render it otherwise nonconforming. The agreement would also indemnify and
hold the city harmless for actions related to the collective garden;
4. Notwithstanding the provisions of Chapter 17.88 PTMC (Nonconforming Lots, Structures
and Uses), any preexisting collective garden in operation within a residential zone as of the
effective date of this chapter shall be brought into full compliance with the provisions of this
chapter within 10 months of its effective date, provided nothing prevents the city within the
10-month period from adopting additional standards or amending different conditions,
and/or from shortening or extending the time frame for compliance; and any preexisting
collective garden in operation within a residential zone as of the effective date of this chapter
which continues to operate remains subject to all existing city code and regulations,
including but not limited to Chapters 9.08 and 9.10 PTMC prohibiting nuisances;
5. Noncommercial medical marijuana collectives will have no more than 10 members. A
member is any patient who receives marijuana from the collective for personal use. For the
purpose of this chapter, membership will last for a minimum of six months from the date the
patient receives any marijuana;
6. A copy of each qualifying patient's valid documentation or proof of registration with the
registry established in state law (now or in the future), including a copy of the patient's proof
of identity, must be available at all times on the premises of the collective garden;
7. No usable cannabis from the collective garden may be delivered to anyone other than one
of the qualifying patients participating in the collective garden. Cannabis cultivation
activities are not for commercial sale to other qualified patients outside of the collective (as
no sales take place, no business license is required and no taxes are collected). Under no
circumstances may a noncommercial collective garden be operated as a home occupation;
8. The outward residential character of the property and underlying zone shall be maintained
as part of the collective garden operation (e.g., no adverse lighting, smells, traffic). This shall
include:
Ordinance 3272 Exhibit A
Page 13 of 19
a. Cannabis shall not be grown or on display in any location where the cannabis plants
are visible from the public right-of-way or public place;
b. The use of gas products (CO2, butane, etc.) for the processing of medical cannabis
produced by the collective garden is prohibited; and
c. No more than five vehicle trips per week may be generated by members of the
collective garden;
9. Where two or more qualified patients meeting the definition of a family as set forth in this
subsection reside on the same parcel of land, the cultivation of medical marijuana for use by
the family only is not considered a collective garden subject to the following:
a. The number of cannabis plants or amount of usable cannabis allowed on the parcel
may not exceed the limits allowed under state law for the combined sum of qualified
patients in the family or for a collective garden, whichever is less.
For purposes of this subsection, "family"means two or more persons related by blood,
marriage, adoption, or a group of not more than two persons not related by blood or
marriage, living together as a single housekeeping unit in a dwelling unit.
"Co-location," as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means the
use of a single monopole or alternative support structure, to the extent technologically feasible,
by more than one licensed personal wireless service provider.
"Columbarium" means a structure of vaults lined with recesses for crematory urns.
"Commemorative plaque" means a memorial plaque, sign, plate or tablet which is permanently
affixed to or near the structure, object or event it is intended to commemorate and which displays
no advertising.
"Commercial air" means compressed air, used in portable tanks or storage tanks, for use by
divers, firemen, or other such persons and functions, including the retail sale of such air and
containers, as well as the compression thereof and the installation, maintenance and operation of
compressing equipment therefor.
"Commercial use" means the use of any structure or property for a purpose directly related to the
sale of goods, the furnishing of services of any kind, or used in conjunction with the adjacent
littoral commercial property.
"Commercial vehicle"means a motor vehicle used for purposes other than a family such as a
taxi, delivery, or service vehicle.
"Committee, historic preservation" means the Port Townsend historic preservation committee
established by Port Townsend Ordinance No. 2035, as hereafter amended, and codified in
Chapter 2.72 PTMC.
"Community agricultural center"means an agricultural operation which includes growing,
processing, retail sales, office space, instructional activities and farmer/apprentice housing.
Ordinance 3272 Exhibit A
Page 14 of 19
"Community center"means a place, structure, area, or other facility used for and providing
social, fraternal, religious, and/or recreational programs generally open to the public and
designed to accommodate and serve significant segments of the community.
"Community clubhouse" means a privately owned structure in which inhabitants of a PUD or
subdivision or members of a property or lot owners' association gather for meetings and other
activities. A community clubhouse must be located and established in a PUD or subdivision at
the time of original approval or platting, or subsequently established pursuant to a PUD/plat
amendment with the approval of the city and a majority of the PUD or subdivision property
and/or lot owners.
"Community event sign" means an informational or directional sign pertaining exclusively to a
specific upcoming event sponsored by a governmental entity or nonprofit organization.
iS "� m", y
aommunit grcgi!gi ° ineg is a site used for �rowin , Iants or food liber herbs acid flowers gind
shared and m4lintaiaied by commugity residentsand may include collectiveIardens 1�.�r���riealacal
marw'uana see "'collective uirdeti. medical mari'uana cornmercial"amd "collective urdeai
medical niarkuamg nonco�nimerc.ial" iri LITNIC '1" ,0.021) where permitted by cits, cedes.
"Community supported agriculture" means the direct sale of agricultural produce grown on the
site to persons who have contracted for periodic pickup or delivery of such produce, excluding
sales from a concession stand. A community supported agriculture operation may offer
farmer/apprentice housing. Instructional activities may be conducted on site.
"Compatible use"means a use that is capable of existing in harmony with other uses situated in
its immediate vicinity.
Computer Software Development. See "Office, business and professional."
"Concealed"means fully hidden when viewed from ground level, adjacent rights-of way,
adjacent properties or viewscapes. For example, a personal wireless service facility is concealed
when it is completely hidden by, integrated with, or contained within a structure such as a
building, wall or roof that is not a telecommunications facility.
"Concession stand, agricultural or produce" means an open air structure, not to exceed 20 feet by
30 feet in its dimensions, and at which produce (e.g., fresh eggs, fruits, vegetables, and/or other
agricultural products) from predominately local farms may be sold to the public.
"Conditional (special) use" means a use permitted in one or more zones as defined by this title
but which, because of characteristics peculiar to such use, or because of size, technological
processes or equipment, or because of the exact location with reference to surroundings, streets,
and existing improvements or demands upon public facilities, requires a special degree of control
to make such uses consistent with and compatible to other existing or permissible uses in the
same zone or zones. A conditional use is a form of special exception. All conditional uses other
than minor conditional uses are processed as Type III permits under Chapter 20.01 PTMC.
"Conditional (special) use, minor" means a conditional use which:
Ordinance 3272 Exhibit A
Page 15 of 19
1. Is to be established and conducted entirely within an existing building, or conducted
entirely within an accessory structure not exceeding 120 square feet in building coverage and
10 feet in height; or
2. Child care centers requiring no new construction other than an outdoor play area and
parking improvements.
Minor conditional uses are processed as Type 11 permits under Chapter 20.01 PTMC.
"Conditional use permit" means the documentary evidence of authority granted by the hearings
body to locate a conditional use at a particular location.
"Condominium" means a form of ownership of property where the purchaser normally acquires
title to a part of a building and/or a portion of land, and an undivided interest in the common
areas and facilities; as distinguished from a cooperative, where the purchaser usually acquires
stock that represents his interest in the property. Where the building so acquired consists of
bedrooms with individual baths or combined bedrooms and living rooms with individual baths
and/or has separate entrances for each unit, each unit shall be considered a separate dwelling unit
or a separate hotel room for the purposes of this title.
"Confectionery"means an establishment engaged solely in the preparation and production of
candy products for direct retail sale to the consumer on the premises.
"Conference center" means a facility (whether a single building or associated group of buildings
on a campus) used for seminars, conventions, educational and cultural programs and activities
and similar gatherings, with meeting rooms, lodging and guest services, food preparation, eating
facilities, and retail sales. Use of the facility may be open to the general public and not limited to
direct support of a specific event.
"Conforming use" means a land use consistent with the list of permitted uses for the district in
which it is located, or otherwise designated as a conforming use in that district.
"Congregate care or assisted living facilities" means a building or complex containing seven or
more dwelling units or bedrooms designed for, but not limited to, occupancy by senior citizens
which provides for shared use of facilities, such as kitchens, dining areas, and recreation areas.
Such complexes may also provide kitchens and dining space in individual dwelling units.
Practical nursing and Alzheimer's care may be provided, as well as recreational programs and
facilities.
"Construction sign" means a sign which is temporarily erected on premises undergoing
construction and which identifies the architect, engineers, contractors, suppliers or other
individuals or firms involved with the construction, or announces the character of the building or
enterprise.
"Contiguous" means having a common border with, but not separated from, such common
border by a public right-of-way. See also "Abutting."
Convalescent Horne. See "Nursing, rest, or convalescent home."
Ordinance 3272 Exhibit A
Page 16 of 19
"Convenience store" means a retail establishment that is usually open for extended daily hours of
business (12 to 24 hours), normally located as a single entity or in a strip building configuration
along major roadways, is typically a self-service facility not dependent upon comparison
shopping, and, by its manner of display and merchandising, usually sells a limited selection of
items and brands of prepackaged or prepared foods, ready-to-eat foods, snacks, gum, candy,
beverages, dairy products, or sundries, all of which are frequently purchased for immediate use.
It may be developed with facilities for the dispensing and sales of vehicular fuels, but with no
sale or installation of tires, batteries or similar accessories. If such establishment is combined
with said fuel sales and dispensing, it shall be regulated as an automobile service station and
there shall be limitations and controls placed upon the nature, size, delivery, storage, location and
type of said fuel sales or dispensing facilities to provide maximum possible protection to
adjacent properties, and it must meet the specific requirements of an automobile service station.
"Cooperative, housing" means a form of ownership of property where the purchaser usually
acquires stock that represents his/her interest in the property. In not-for-profit housing co-ops
each resident or resident household has membership in the cooperative association. Members
have occupancy rights to a specific suite within the housing cooperative as outlined in their
"occupancy agreement."
"Cottage housing" means an alternative type of detached housing providing small residences for
households of typically one to two individuals, intended to encourage affordability, innovation
and variety in housing design and site development while ensuring compatibility with existing
neighborhoods.
"Country club" means a private or public membership facility designed for tennis, swim and
other recreational activities except riding stables. Such uses and activities may be grouped
around a clubhouse containing a restaurant, banquet and meeting room facilities. See also "Golf
course" and "Recreation facilities."
"Court" means an open, unoccupied space other than a yard, on the same lot with a building or
buildings and which is bounded on two or more sides by such buildings or building including the
open space in a house, court or apartment, providing access to the units thereof. See also "Open
space, urban."
Coverage, Building. See "Lot coverage."
Coverage, Ground. See "Lot coverage."
"Covered moorage building area" means the area of water lying directly beneath that portion of a
structure covered by a roof, designed for boat storage.
"Crematorium" means a facility that uses heat or fire to reduce human or animal remains to
ashes.
"Custom, art and craft work" means a use in which nonfood, finished, personal or household
items, which are either made to order or which involve considerable handwork, are produced.
Examples include but are not limited to pottery and candle making, leather work, creation of
sculpture and other art work, and glassblowing. High-impact uses shall not be considered
custom, art and craft work.
Ordinance 3272 Exhibit A
Page 17 of 19
"Daylight plane" is intended to provide for light and air, and to limit the impacts of bulk and
mass on adjacent properties. "Daylight plane" means a height limitation that, when combined
with the maximum height limit, defines the building envelope within which all new structures or
additions must be contained. The daylight plane is an inclined plane, beginning at a stated height
above average grade and extending into the site at a stated upward angle to the horizontal up to
the maximum height limit. The daylight plane may further limit the height or horizontal extent of
the building at any specific point where the daylight plane is more restrictive than the height
limit applicable at such point on the site.
"Decisionmaker" means:
1. Generally: the official or officials of the city who make the final decision on a project
permit application, as defined in Chapter 20.01 PTMC.
2. As used in Chapter 17.78 PTMC, Personal Wireless Service Facilities: the DSD director
for Type I and Type II permits, and the hearing examiner for Type III permits.
"Demolition" means any act or process which destroys in whole or in part a building, structure or
object.
"Design review standards" means the guidelines used by the HPC in conducting its design
review responsibilities established in this title.
"Designated provider," for purposes of the city's medical marijuana regulations, means a person
who:
1. Is 18 years of age or older;
2. Has been designated in writing by a patient to serve as a designated provider under this
chapter;
3. Is prohibited from consuming marijuana obtained for the personal, medical use of the
patient for whom the individual is acting as designated provider; and
4. Is the designated provider to only one patient at any one time.
"Detached building" means a building surrounded on all sides by open space.
"Developed street" nicans any public street, highway, avenue, easement or other public
right-of-way classified as a local access street, collector street, minor arterial, or principal arterial
(see PTMC Title 12), which is partially or fully developed and which is devoted to vehicular
transportation use by the public at large. For the purposes of Chapter 17.78 PTMC only, any
street that does not meet this definition shall be considered an undeveloped street.
"Development"means any improvement or alteration to real property which requires a building,
clearing, grading, or sign permit.
"Directional sign"means a sign which contains specific directional information and contains no
advertising.
Ordinance 3272 Exhibit A
Page 18 of 19
"Director" or"DSD director" means the development services department director of the city, or
his or her designee. In any and all ordinances, resolutions, contracts, agreements, environmental
determinations, or other documents adopted prior to the effective date of the ordinance codified
in this title,the titles "director of planning and building" and "planning director" or other similar
designations shall also mean "director of development services department."
"Directory sign" means a sign which displays exclusively the names, logos and locations of
occupants or uses of a building or complex; which includes, but may not be limited to, signs for
office buildings, church directories and signs for malls, arcades, and similar commercial
buildings. No advertising other than the name, logo and locations of occupants or uses is
included.
"Disguised," as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means a
personal wireless facility that is constructed to appear as something other than what it really is
(e.g., a personal wireless service facility that is disguised to appear as a tree or flagpole).
"District, zoning" means any portion of the city within which, on a uniform basis, certain uses of
land and buildings are permitted and certain other uses of land and buildings are prohibited as set
forth in this title, and within which certain yards and other open spaces are required, certain lot
areas are established, and a combination of such aforesaid conditions are applied.
"Dock" or"pier" means a landing and moorage facility for watercraft that abuts the shoreline
and does not include recreational docks, storage facilities, or other appurtenances.
"Downtown parking district"means those areas lying within commercial, marine-related and
manufacturing, and public, park and open space zoning districts from Admiralty Inlet to Van
Buren Street between Port Townsend Bay and Jefferson Street, excluding the P-I zoned block
bordered by Van Buren, Jefferson, Harrison and Washington Streets.
"Drinking establishment" means a business primarily engaged in the retail sale of alcoholic
beverages for consumption on the premises, including night clubs, bars, and taverns. It shall not
mean a premises wherein such beverages are sold in conjunction with the sale of food for
consumption on the premises and the sale of said beverages comprises less than 20 percent of the
gross receipts (e.g., a lounge operated as part of a restaurant is considered to be an accessory to
the restaurant).
"Drive-in or drive-through facility" means an establishment that, by design, physical facilities,
service, or by packaging procedures, encourages or permits customers to receive services or
obtain goods while remaining in their motor vehicles. Unless specifically prohibited, drive-in or
drive-through facilities may be permitted as an accessory use when the primary use is otherwise
permitted by this title.
"Driving range (golf)" means an unconfined recreational facility (i.e., without netting overhead
or alongside the facility) situated on a plot of land at least 400 yards in length and a minimum of
300 feet wide. A golf driving range may be built with overhead netting, as well as netting(or
other confining material) along the sides and the rear of the facility. In such cases, the land
requirements shall be at least 100 yards in length and a minimum of 150 feet wide. The purpose
of such facility is to allow golfers an opportunity to practice their golf shots.
Ordinance 3272 Exhibit A
Page 19 of 19
"Duplex"means a single building containing two 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 duplexes shall have common floor-ceilings between dwelling units. For purposes
of this title, units in a duplex 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 "Triplex"
and "Fourplex."
"Dwelling"means any building or portion thereof designed or used primarily for residential
occupancy, including single-family dwellings, duplexes, triplexes, fourplexes, and multifamily
dwellings, but not including hotels or motels.
"Dwelling, multifamily"means a building containing five or more dwelling units, including units
that are located one over the other.
"Dwelling, single-family attached" means a duplex,triplex, or fourplex as defined by this title.
"Dwelling, single-family detached" means a dwelling that is entirely surrounded by open space
on the same lot, and which is designed for and occupied exclusively by one family and the
household employees of that family.
"Dwelling unit" means any building or portion thereof that contains separate living facilities for
not more than one family. Separate living facilities shall constitute provisions for sleeping,
eating, cooking, and bathroom facilities. "Dwelling unit" does not include motel,
boardinghouses, or tourist home units. E
Ordinance 3272 Exhibit B
Page I of 2
EXHIBIT B
17.08.070 W through Z.
Wall. See "Fence."
"Wall sign" means a sign which is attached parallel to, and within six inches of, a wall, which is
supported by and confined within the limits of such wall, and which displays only one sign
surface.
"Water park"means a commercial recreational facility that contains a variety of water-oriented
activities such as, but not limited to, water slides and swimming pools. Such facilities may be
found in association with a larger recreational activity.
"Welding and fabrication" means a business engaged in stamping or shaping pieces of metal
which are then connected by heat until molten and fused, in order to manufacture, service, or
repair sheet metal products.
"Wholesaling" means the sale of goods or commodities usually in bulk or large quantities and
usually at a lower cost to a retailer for resale. Such sales activity takes place in establishments or
places of business primarily engaged in selling merchandise to retailers; to manufacturing,
commercial, institutional, or professional business users; or to other wholesalers, or acting as
agents or brokers and buying merchandise for, or selling merchandise to, such individuals or
companies.
"Window sign" means a sign placed upon the interior or exterior surface of a window, or placed
inside the window within three feet of the window, which faces the outside and which is
intended to be seen primarily from the exterior.
"Yard"means an open space in front, rear or side on the same lot with a building or proposed
building.
"Yard, front" means an open space extending from 30 inches above the general ground level at
the front lot line to the building line and including the full width of the lot to its side lines.
"Yard, interior side" means the side yard adjacent to another building site.
"Yard or garage sale" means informal sales held by occupants of private households from their
dwelling premises. Items sold are household articles used and accumulated over several years as
part of everyday living, and minor and obsolete or worn small business items. Yard sales are held
only for a few days, once or twice a year, and are sufficiently informal that they do not require
sales tax permits or any type of sales license. See also "Rummage or other outdoor sale."
"Yard, rear" means an open space extending from 30 inches above the general ground level at
the rear lot line to the building line and including the full width of the lot to its side lines.
"Yard, service" means an open area, usually paved, with access to a street or alley, to allow
vehicular access to a building or use for purposes of loading or unloading equipment, freight,
livestock or people.
Ordinance 3272 Exhibit B
Page 2 of 2
"Yard, side"means an open space extending from 30 inches above the general ground level at
the front yard to the rear yard and from the building line to the side lot line.
"Zero lot line" means
"Zone, zone district" means a defined area of the city within which the use of land is regulated
and certain uses permitted and other uses excluded as set forth in this title.
"Zoo"means a place where nondomesticated animals are kept, often in a combination of indoor
and outdoor spaces, and are viewed by the public.
Ordinance 3272 Exhibit C
Page I of 11
EXHIBIT C
Table 17.16.020
Residential Zoning Districts — Permitted, Conditional and Prohibited Uses
Key to table:
P = Perm itted'outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not
applicable
DISTRICT FR-I I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
SINGLE-FAMILY RESIDENTIAL USES
Accessory dwelling units P P P X PTMC J7_L6.QJQ, 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 1716.030.
Adult family homes (for 6 or P P P P PTMC 7 7, 6,00, 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
Red Cross during a time of the residential zoning districts during a time
public emergency of public emergency.
Group homes for the disabled P P P P PTMC C_UQ,., 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
Ordinance 3272 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
masonry 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 IZ,16 UQ, 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 1 H 16,030, 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 P PTMC_1...7u16, 30, Bulk, dimensional and
(including duplexes,triplexes, density requirements. Single-family
and fourplexes which meet dwellings in the R-IV zone are limited to
the base density requirements fourplexes.
of the applicable district) A duplex structure may be constructed
along a zero-Iot line provided the structure
Ordinance 3272 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
DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
complies with buildina code fire se aration
reguirernents.
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 1 3 0,"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 11.1�mm( Q 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.
Ordinance 3272 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-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Boardinghouses (six or fewer P P P P Same as above.
roomers)
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 1 . , (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 in PTMC! 8,030.
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 7 (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 RCW36-,Zg�A.. .. ;
disabled (for seven or more "...their siting cannot be precluded by
residents) development regulations..."; and
Ordinance 3272 Exhibit C
Page S 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-111R-IV APPLICABLE REGULATIONS/NOTES
PTMC 17,16.OaO, Bulk, dimensional and
density requirements.
Townhouses or rowhouses X X P P Ch. 17.36 PTMC, Multifamily Residential
(zero lot lines) Development Standards; and
PTMC17-1 .QITQ, Bulk, dimensional and
density requirements.
'Transient use of multifamily X X X X See PTMC 1_ S. B "Transient
residential uses accommodation."
COMMERCIAL USES
Adult entertainment facilities X X X X
Bed and breakfast inns C C C C PTMC j�7 =, Bulk, dimensional and
density requirements.
_m.... ._ �....................
Child day care centers and C' C' C C (1) See PTMC 17 52, (B) 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 j2.16. Q.1 Bulk, dimensional and
density requirements.
Commercial uses as part of a P P P P PTMC7.,..3. Modification of permitted
planned unit development uses – Commercial uses.
Family home child care and in- P P P P Same as above.
home preschools
Ordinance 3272 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-II R-III RAV APPLICABLE REGULATIONS/NOTES
Home occupations P P P P Ch. 17.56 PTMC, Home Occupations; and
PTMC 17.1-6,M Bulk, dimensional and
_.
density requirements.
........
Tourist homesC C C C PTMC 11f..-Q 3f Bulk, dimensional and
density requirements.
ACCESSORY USES
Accessory buildings P P P P PTMC 17,1 3 , 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 I X X See definition in PTMC 17.08.030.
bedroom
Garages, private residential P P P P PTMC L7.1 .-QIQ, Bulk, dimensional and
density requirements.
AGRICULTURAL USES
Barns PCEX
X PTMC.1.7 N, x,030, Bulk, dimensional and
density requirements.
Ordinance 3272 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-I R-II R-111 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. .mQ,
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 JZ.I 6.OaO, 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 1 ,16-03— Bulk, dimensional and
density requirements.
. rr�r u e ty i t s P P X X Comijig1.p. CardeQnq...gg aPlowccc._ ..Qwi
cce +_ e. gra C:Ia ..i IIIatirl
Ordinance 3272 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-I R-II 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 crops P P X X All parking shall be off-street.
OTHER USES
Cemeteries C C X X
Churches C C C C Church buildings must comply with the
requirements of PTMC Z-J 6,Q3Q, 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 1 ;,,.: 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 "fl ° (B); PTMC 17,i . 9 , Bulk,
cultivation dimensional and density requirements.
Ordinance 3272 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; N/A= Not
applicable
DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Medical marijuana, P P P X, PTMC 17,16,025(C); PTMC 17,1 .03 , 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 J7J&Q3, 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 171 UK Bulk,
dimensional and density requirements,
except as provided in applicable Federal
Ordinance 3272 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
DISTRICT R-1 R-II R-III R-IV APPLICABLE REGULATIONS/NOTES
Communications Commission rules and
regulations.
Schools, higher education X X C C PTMC,17x'1 M Bulk, dimensional and
density requirements.
Schools (public or private) C C C X PTMC JZ.-16.030, Bulk, dimensional and
density requirements.
Stadiums, arenas, and C C X X PTMC:Zj-�.Q5Q Bulk, dimensional and
assembly halls density requirements.
Veterinary hospitals C X X X I Same as above..
TEMPORARY USES
Contractor offices and model P P P P PTMC 1�QC A 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 as a temporary use subject to
Ch. 17.60 PTMC,Temporary Uses.
Yard or garage sales P P P P Same as above.
Ordinance 3272 Exhibit C
Page 11 of'11
(Ord. 3247§1 (Exhs. B,C),2020;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 3272
Page 1 of'2
EXHIBIT D
17.32.060 Innovative residential development.
A. Purpose.
1. More efficient use can be made of land, energy and resources and more livable
development can be achieved when the designer has flexibility in residential types,
placement and density. Such flexibility can be achieved while safeguarding the public
interest by review of the proposed planned unit development plan which shows the type and
placement of residential structures. Therefore, the city allows planned residences at varied
densities where specified in the appropriate zones of the city.
2. Upon compliance with this chapter, the use of land may comply with the provisions in this
section in lieu of the provisions of the zone where located.
3. It is intended that innovative residential developments encourage imaginative design to
achieve these purposes. Therefore, incentives and flexibility may be allowed such as
clustered housing and bonus densities, lot averaging, zero lot lines, condominium
development, and mixed residential types. The city may approve the use of these tools as
provided in this section as deemed reasonable and warranted by the excellence of the
resulting design and its benefits to the community.
B. Techniques.
1. Clustered Housing. When residences are clustered in design groups in a planned unit
development with common open space, the clustered housing may, in lieu of the zone
restrictions, be designed with building locations, lot sizes, yards and/or density standards as
prescribed on the plat or on plans for the planned unit development approved by the city.
2. Bonus Density. When a plat, planned unit development, or other instrument is submitted
under this chapter as an innovative development, and is of sufficient excellence in design
and planning, a higher density may be allowed therein in accordance with PTMC 17.32.070.
3. Lot Area Averaging. Lot area may be varied. Except as provided in subsection C of this
section, the combined area of all lots and the private common open space in the planned unit
development shall be equal to the density or lot size allowed in the zone where located.
4. Flexible Yards. Yards may be reduced to zero provided the structures are shown on the
plat or planned unit development and a 10-foot access for maintenance is given by yard
and/or easement along each outside wall.
5. Residential Types. To achieve the most efficient use and conservation of land, energy,
resources, view and terrain, mixed residential types may be designated and allowed in
innovative residential planned unit developments as prescribed in this chapter.
C. Minimum Lot Size. The minimum permissible size for a single residential lot permitted
through use of the incentives allowed in this chapter shall be „O(W-2Q00 square feet.
Ordinance 3272
Page 2 of 2
D. Buyer Notification. The planned unit development plan shall note that the residences thereon
constitute an innovative residential development and must be constructed as shown on the
planned unit development plan. Building permits may be issued only for structure types and
placements as shown on the planned unit development plan. Sales agreements and titles for land
and residences sold in innovative residential developments shall note this restriction.
Ordinance 3272 Exhibit E
Page I of 2
EXHIBIT E
17.32.090 Modification of development standards.
A. The following development standards may be modified in approving a PUD application:
1. Building setbacks (excepting side yard setbacks and other setbacks adjacent to or abutting
residentially zoned properties);
2. Height of building or structure in C-I/MU and C-II/MU zones, not to exceed 40 feet in the
C-I/MU zone and 50 feet in the C-II/MU, C-11 and M/C zones;
3. Required off-street parking spaces;
4. Landscaping requirements;
5. Lot size, except as provided in PTMC 17.32.060(C) (minimum lot size is limited to 3-,000-
2,000 square feet);
6. Lot width;
7. Engineering design standards;
8. Multifamily and mixed use development standards contained in Chapters 17.36 and 17.40
PTMC;
9. Maximum floor area ratio in the C-II/MU zone.
B. Standards which may not be modified or altered are:
1. Height of building or structure in all residential zones;
2. Shoreline regulations when the property is located in an area under the jurisdiction of the
Port Townsend shoreline master program;
3. Standards pertaining to development in environmentally sensitive areas;
4. Regulations pertaining to nonconforming uses; and
5. Regulatory standards and requirements pertaining to the preservation of historic structures
located within the National Register Historic District.
C. Basis for Approval of Alternative Development Standards. Approval of alternative
development standards for PUDs differs from the variance procedure described in Chapter 17.86
PTMC in that rather than being based upon a hardship or unusual circumstance related to a
specific property, the approval of alternative development standards proposed by a planned unit
development shall be based upon the criteria listed in this section. In evaluating a planned
development which proposes to modify the development standards of the underlying use zone,
the city shall consider and base its findings upon the ability of the proposal to satisfy the
following criteria:
Ordinance 3272 Exhibit E
Page 2 of 2
1. The proposed planned development shall be compatible with surrounding properties,
especially related to:
a. Landscaping and buffering of buildings, parking, loading and storage areas;
b. Public safety;
c. Site access, on-site circulation and off-street parking;
d. Light and shadow impacts;
e. Generation of nuisance irritants such as noise, smoke, dust, odor, glare, vibration or
other undesirable impacts;
f. Architectural design of buildings and harmonious use of materials;
2. The unique characteristics of the subject property;
3. The unique characteristics of the proposed use(s);
4. The arrangement of buildings and open spaces as they relate to various uses within or
adjacent to the planned development;
5. Visual impact of the planned development upon the surrounding area;
6. Public improvements proposed in connection with the planned development;
7. Preservation of unique natural features of the property; and
8. The public benefit derived by allowing the proposed alteration of development standards.
Ordinance 3272 Exhibit F
Page I of'S
EXHIBIT F
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
MAXIMUM contained within a single must be contained
HOUSING structure, except: a within a single
DENSITY permitted accessory structure, except: a
(units per dwelling unit (ADU) may permitted accessory
40,000 be established in a dwelling unit (ADU)
square foot separate building if may be established
area) allowed by in a separate
PTMC J ,1 ) building if allowed
(10,000 sf of lot area per by PTMC 17—J. �' 0)
unit) (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 in size or greater;
square foot minimum average
area) 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 per dwellings may be
UNITS IN structure may be permitted through a
Ordinance 3272 Exhibit F
Page 2 of S
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
DISTRICT R-I R-II R-III RAV
ANYONE permitted through the conditional use
STRUCTURE PUD process, see permit
Chapter 17.32 PTMC.)
10,000 sf= single-family 5,000 sf 13,000 sf =
detached single-family single-family
detached detached; 5,000 sf=
single-family
attached (duplex);
2M. eac-huriJI..
MINIMUM Lor
LOT SIZE duplex: 7,500 sf=
single-family
attached (triplex);
and 10,000 sf=
single-family
attached (fourplex)
and 12,500 sf=
multifamily(l)
MINIMUM 50' 50' 30'except:
LOT 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 or
MINIMUM agricultural buildings vehicle access parking/garages; rear parking;
FRONT YARD
facing a street garages with vehicle no setback
SETBACKS
right-of-way and access facing a for
50' = barns and street right-of-way multifamily
agricultural must be set back structures
buildings 20'; no setback for located
Ordinance 3272 Exhibit F
Page 3 of'S
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
DISTRICT R-I R-II R-III RAV
multifamily within 200
structures located feet of an
within 200 feet of abutting
an abutting mixed mixed use
use zoning district zoning
district
20' except: 10'except: 10' except: 15' except:
50' = barns and 100' = barns and no setback for 20' if directly
agricultural buildings, agricultural multifamily abutting an
and 100' if abutting an buildings structures located R-1 or R-II
R-II, R-III, or R-IV zoning within 200 feet of district; no
district an abutting mixed setback for
MINIMUM use zoning district multifamily
REAR YARD structures
SETBACKS 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 directly
MINIMUM and 5' minimum on the on one side and 5' r-o-w; 20'for abutting an
SIDE YARD other side. minimum on the garages with vehicle R-1 or R-II
SETBACKS 10' = abutting a street other side. access facing a district; no
r-o-w; 20' for garages 10' = abutting a street right-of-way setback for
with vehicle access street r-o-w; 20'for and no setback for multifamily
Ordinance 3272 Exhibit F
Page 4 of'5
Table 17.16.030
Residential Zoning Districts — Bulk, Dimensional and Density Requirements
DISTRICT R-1 R-II R-III R-IV
facing a street garages with vehicle multifamily structures
right-of-way and 50' = access facing a structures located located
barns and agricultural street right-of-way within 200 feet of within 200
buildings and 100' if and 100' = barns an abutting mixed feet of an
abutting an R-II, R-III, or and agricultural use zoning district abutting
R-IV zoning district buildings mixed use
zoning
district
MAXIMUM 30' 30' 35' 35'
BUILDING
HEIGHT
MAXIMUM 25% 35% except 40% 45% 50%
LOT where an ADU is
COVERAGE included in the lot.
Any lot line abutting a Any lot line abutting Any lot line abutting Any lot line
public r-o-w = 4; any lot a public r-o-w = 4'; a public r-o-w = 4'; abutting a
line not abutting a public any lot line not any lot line not public r-o-w
r-o-w = 8'; rear abutting a abutting a public abutting a public = 4; any lot
public street r-o-w = 4; r-o-w = 8'; rear r-o-w = 8'; rear line not
MAXIMUM see note below abutting a public abutting a public abutting a
FENCE street r-o-w = 4'; see street r-o-w = 4; see public r-o-w
HEIGHT* note below note below = 8; rear
abutting a
public street
r-o-w = 4';
see note
below
Ordinance 3272 Exhibit F
Page 5 of 5
0)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.