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HomeMy WebLinkAbout2782 Various Amendment to Comprehensive PlanOrdinance No. 2782 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN AMENDMENTS TO CHAPTER X, GLOSSARY OF TERMS AND CHAPTER VH, CAPITAL FACILITIES ELEMENT, OF THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING AMENDMENTS TO THE TEXT AND MAPS OF THE PORT TOWNSEND URBAN WATERFRONT PLAN (UWP); ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE GOALS AND POLICIES CONTAINED WITHIN THE PLAN AND UWP; ADOPTING AN AMENDMENT TO THE LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE PLAN AND UWP INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). SECTION 1 FINDINGS The City Council of the City of Port Townsend finds as follows: After extensive public review and a recommendation from the Port Townsend Planning Commission (the Planning Commission), the City's current Comprehensive Plan (the Plan) was adopted by the City Council (the Council) on July 15, 1996 (Ordinance No. 2539), to comply with the Washington State Growth Management Act (GMA) of 1990 (Chapter 36.70A RCW), and to facilitate the orderly and coordinated growth and development of the City. All findings, recitals and other provisions of Ordinance No. 2539 are incorporated herein by this reference. After public review and a recommendation from the Planning Commission, the City adopted its current Zoning Code (Title 17 PTMC) on April 7, ! 997 (Ordinance No. 2571), to comply with the GMA and to implement the Plan. All findings, recitals and other provisions of Ordinance No. 2571 are incorporated herein by this reference. After public review and a recommendation from the Planning Commission, the City's current Comprehensive Plan/Development Regulations Amendment Process Code (Chapter 20.04 PTMC) was adopted by the Council on Decemberl 6, 1996 (Ordinance No. 2559). Adoption of this chapter implemented the GMA requirement to establish procedures for plan and development regulation amendments ($ 36.70A. 130 and 36.70A.470 RCW). All findings, recitals and other provisions of Ordinance No. 2559 are incorporated herein by this reference. 1 Ordinance 2782 Chapter 20.04 PTMC establishes a process for consideration, no more frequently than once per year, of potential amendments to the Plan, including the Official Land Use Map, and the Zoning Code, including the Official Zoning Map. The process codified in Chapter 20.04 PTMC solicits public involvement in identifying suggested plan and development regulation amendments, and provide ample opportunities for meaningful public comment on the proposed amendments. Early, continuous and meaningful public participation is achieved through broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provisions for open discussion, information services, and consideration and response to public comments, consistent with the requirements of the GMA (g 36.70A.035, 36.70A. 130, and 36.70A. 140 RCW). o Pursuant to the procedures outlined in Chapter 20.04 PTMC, the Comprehensive Plan has been subject to four annual amendment cycles. Council adopted the first sequence of amendments to the Plan's Land Use Map and consistent amendments to the Official Zoning Map on September 15, 1997 (Ordinance No. 2606). The second and third sequence of amendments to the Plan, including significant legislative amendments to the narrative text, tables, goals, policies, and Land Use Map of the Plan, and amendments to the text, tables, and Official Zoning Map of Title 17 PTMC was adopted by Council on December 7, 1998 (Ordinance No. 2670) and November 15, 1999 (Ordinance No. 2716) respectively. The fourth sequence of amendments included amendments to the Land Use and Zoning Maps and was adopted by the Council on November 6, 2000 (Ordinance No. 2749). This ordinance (Ordinance No. 2782) represents the fifth annual comprehensive plan amendment cycle. The 2001 update includes significant legislative amendments to the tables, goals, policies, and Land Use Map of the Plan, minor revisions to the Urban Waterfront Plan figures and text; and amendments to the text, tables, and Official Zoning Map of Title 17 PTMC. As set forth in the findings below, the opportunities provided for meaningful citizen participation employed in this review and amendment process is wholly consistent with the requirements of the GMA (g 36.70A.035, 36.70A. 130, and 36.70A. 140 RCW) and the procedures set forth in Chapter 20.04 PTMC. During its regularly scheduled meetings in the spring of 2001, Planning Commission held a public meeting to become familiar with the review and amendment procedures established in Chapter 20.04 PTMC, and to begin to identify potential amendments to the Plan and Title 17 PTMC. On April 12, 2001, the Planning Commission forwarded its recommended findings on the annual review and assessment of the Comprehensive Plan to the Building & Community Development Director. The Commission did not identify any issues to be considered in the 2001 annual update cycle. 2 Ordinance 2782 10. 11. 12. 13. 14. 15. On May 31, 2001, and after timely and effective public notice, the Planning Commission held an open record public hearing to accept public testimony regarding which suggested Plan and Zoning Code amendments should be placed on the final docket for formal review and consideration, to deliberate upon the testimony received, and to prepare its findings, conclusions, and recommendations for the advice of the City Council, all in a manner consistent with the requirements of 20.04.060 PTMC. At a regular meeting held on June 4, 2001, and after timely and effective public notice, the Council held an open record public hearing and deliberated upon the final docket recommendations of the Planning Commission (as required under 20.04.060(D) PTMC). Council adopted the final docket consisting of eight suggested amendments and one formal amendment. After timely and effective public notice, the Planning Commission held a series of public workshop meetings on August 9th, September 20th and 27th, 2001 to review and discuss the proposed amendments to the Plan, Land Use/Zoning Map and Zoning Code. After timely and effective public notice, the Planning Commission held a series of open record public hearings on October 17th, 23rd, 25th to accept public testimony on the proposed amendments to the Plan and to begin its deliberations and formulation of findings, conclusions and recommendations for the advice of the Council. After timely and effective public notice, the City Council held a public workshop on October 25, 2001, to become reacquainted with the proposed amendments to the Comprehensive Plan. On October 30, 2001, and after timely and effective public notice, the Planning Commission held a special meeting to complete the formulation of its findings, conclusions and recommendations for the advice of the Council. The Planning Commission's findings, conclusions and recommendation were transmitted to the City Council in a Memorandum dated October 30, 2001 (Exhibit A). 3 Ordinance 2 782 17. 18. 19. 16. On November 5th, and after timely and effective public notice, the Council initiated an open record public hearing to accept public testimony on the Planning Commission's recommendations. For Amendments 1, 2, and 4, the Council concluded the open record public hearing and began deliberation upon the testimony received to formally adopt, adopt with modifications, or reject the various findings, conclusions and recommendations of the Planning Commission. Council voted on these three items and directed staff to prepare and ordinance for adoption. Council closed public testimony for Amendments 3 and 5. The hearing was continued to November 8, 2001 for Amendments 6, 7, 8, and 9 and to November 19, 2001 for deliberation of Amendments 3 and 5. On November 8, 2001, and after timely and effective notice, the Council concluded the open record public hearing and began deliberation upon the testimony received to formally adopt, adopt with modifications, or reject the various findings, conclusions and recommendations of the Planning Commission for Amendments 6, 7, 8, and 9. Council voted on these four items and directed staff to prepare and ordinance for adoption. A separate ordinance shall be prepared for Amendments 3 and 5 upon conclusion of council's deliberation. The Council hereby incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission during its meeting of October 30, 2001 (Memorandum dated October 30, 2001) relating to revisions to the Comprehensive Plan, Urban Waterfront Plan, Port Townsend Municipal Code, Official Land Use and Zoning Maps to the City of Port Townsend. The Planning Commission's findings, conclusions and recommendations are adopted, or adopted with modifications as follows: Amendment #1 Clarify Definitions of Unit/Bedroom and Various Housing Type: Council adopts Planning Commission's recommendation to amend the definitions in Chapter X of the Comprehensive Plan and Chapter 17.08 Definitions of the PTMC; and amending Chapter 17.16, Residential Zoning Districts, of the PTMC, including Table 17.16.020 Residential Zoning Districts - Permitted, Conditional and Prohibited Uses; and Table 17.16.030 Residential Zoning Districts - Bulk, Dimensional and Density Requirements and Table 17.72.080 Minimum Parking Space Requirements. These amendments are intended to clarify and make consistent, definitions contained in the zoning code and comprehensive plan; address inconsistency between allowed uses and density limits in the R-I and R-II zoning districts; clarify that "halfway houses" are prohibited in the residential districts; Add "detached bedrooms/guesthouses" and "detached office/studios" as permitted uses in the R-I and R-II zoning districts; make congregate care and nursing homes allowed outright in R-III and R-IV; and revise parking ratios for one bedroom/studio units in multi-family dwelling units from 1.5 to 1 off-street parking space per dwelling unit. This amendment also prohibits congregate care facilities in the R-II district until such time as the bulk and scale impacts of these buildings are addressed. This review may take place during the 2002 5-year 4 Ordinance 2782 comprehensive plan amendment cycle. The amendment also clarifies that limited multi- family development (structures containing more than 4 dwelling units) may be allowed through the Planned Unit Development process in the R-I and R-II zoning districts. The Council hereby adopts and incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission (Memorandum dated October 30, 2001) and finds that they are consistent with the requirements for amending the Plan set forth in Chapter 20.04 PTMC. Amendment #2 - Revise Goals & Policies, which Imply a Specific Utili .ty Providei Council adopts Planning Commission's recommendation to revise the goals and policies in the Capital Facilities Element that implies a specific utility provider with a modification to substitute Planning Commission's suggested language with language suggested by PSE. Specifically, Council voted to substitute "serving utilities" for "city selected utility provider" and to revise Policy 31.5, to delete reference to "Puget Power". The Council hereby adopts and incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission (Memorandum dated October 30, 2001) and finds that they are consistent with the requirements for amending the Plan set forth in Chapter 20.04 PTMC. Amendment #3 - Add Policy re: Major Industrial Developments - This amendment shall be addressed in a separate Ordinance following Council deliberations scheduled for November 19, 2001. Amendment #4 - Remove FUGA Language from the Comprehensive Plan Council voted to accept Planning Commission's recommendation to deny adoption of Amendment #4 and to adopt and incorporate by this reference the findings, conclusions and recommendations of the Planning Commission (Memorandum dated October 30, 2001). Council finds that the Planning Commission's findings and conclusions are consistent with the requirements for amending the Plan set forth in Chapter 20.04 PTMC. Amendment #5 - Review and Amend FUGA Language in the Comprehensive Pla,, This amendment shall be addressed in a separate Ordinance following Council deliberations scheduled for November 19, 2001. Amendment #6 - Resolve Zoning of US West Facility on Lawrence Street Council adopts Planning Commission's recommendation to: · Retain the current C-III zoning of the site, legally described as lots 2, 4, 6, and 8 of Block 132, Port Townsend Original Townsite, and 5 Ordinance 2782 Amend the PTMC, Section 17.08.060, Definitions (page 17-32.2), to add a definition for "telephone exchange"; and Add telephone exchange to Table 17.20.020, Commercial Zoning Districts -, Permitted Conditional and Prohibited Uses as a permitted use within the C-II, C-II (H), C-III zoning districts. The Council hereby adopts and incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission (Memorandum dated October 30, 2001) and finds that they are consistent with the requirements for amending the Plan set forth in Chapter 20.04 PTMC. Amendment #7 Resolve Zoning of Abundant Life Seed Foundation on Discovery Council adopts Planning Commission's findings, conclusions and recommendations relating to the following amendments to Title 17, Zoning: · Amend Chapter 17.08, Definitions, modifying the definition of community supported agriculture and adding a definition for community agricultural centers; Amend Table 17.16.020 Residential Zoning Districts - Permitted Conditional and Prohibited Uses to add community agricultural centers as a conditional use in the R-I and R-II zoning districts. · Retain the P-I zoning of Tax Parcels 45 and 5 · Amend Table 17.24.020 Public, Park and Open Space Zoning District - Permitted Conditional, and Prohibited Uses to allow community-supported agriculture as a permitted use and community agricultural centers as a conditional use in the P-I zoning district. Council finds that the Planning Commission's findings and conclusions are consistent with the requirements for amending the Plan set forth in Chapter 20.04 PTMC. Amendment #8 - Rezone Portions of Blocks 278 & 279, Eisenbeis Addition Based upon testimony received during the November 8, 2001 Council hearing, the Council voted to reject Planning Commission's recommendation and adopt the recommendation of Building & Community Development staff to amend the Official Land Use and Zoning Maps to reflect a rezone of the following properties from R-II to C- II: Lots 7 and 8 of Block 278 and the south ½ of vacated 4~' Street Lot 1 of Block 279 and the south ½ of vacated 4th Street Lot 8 of Block 279 and the south ½ of vacated 4"' Street Council adopts BCD staff's recommended findings and conclusions as follows: a. Circumstances related to the use of the land have not changed since the adoption of the Comprehensive Plan and the assumptions upon which the Plan are based are still valid; however, b. Existing land uses may not have been identified during the comprehensive rezone of 6 Ordinance 2782 the city and thus, the fact that businesses exist on portions of Blocks 278 and 279 may present new information, which was not previously considered during the adoption process or any annual amendments of the Port Townsend comprehensive plan. c. The community values consistency between zoning and existing uses which were legally established. Amending the zoning is appropriate and necessary to eliminate the conflict between the zoning and existing commercial uses, which encumber the majority of the lots proposed for rezoning. d. The proposed rezone affects a limited area, the majority of which is already developed with commercial businesses. Infrastructure to the lots already exists and thus, the proposal meets concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services. e. The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Port Townsend comprehensive plan. The Comprehensive Plan strives to provide adequate commercial land and to serve community needs (Land Use Goal 8). The Sims Way Corridor is identified as an appropriate location for locating commercial businesses. The proposal is in keeping with the policy direction to depart from "strip-commercial" development by increasing the depth of the corridor (Land Use Policy 8.4). f. The proposed rezone will not result in probable significant adverse impacts to the city's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned urban facilities or service capabilities. The proposed rezone will accommodate existing businesses and allow for limited expansion of commercial uses in Tier 1 of the city. g. The subject properties are physically suitable for the requested zoning and anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses. The lots are virtually flat and front developed streets with infrastructure. Land uses in the immediate vicinity include a mix of commercial and residential. A transit base is located across Hancock Street to the west. h. The proposed amendment will not create a pressure to change the land use designation of other properties. The fact that several businesses were established on these blocks prior to the 1996 rezone to R-II presents a unique circumstance. i. Rezoning the parcels to accommodate the existing uses does not materially affect the land use and growth projections, which are the bases of the comprehensive plan. j. Providing for commercial and business operations within the city is consistent with the GMA and adopted countywide planning policy of Jefferson County. Formal Amendment - Northwest Maritime Center Height Amendment Council adopts the findings, conclusions, and recommendation of the Planning Commission to amend the height limit from 30 to 40 feet on Block 4 of the Original Townsite. The figures and text of the Urban Waterfront Plan and Title 17 of the PTMC are to be amended to reflect this revision. 7 Ordinance 2782 20. 21. 22. 23. 24. The Council finds that the Plan and Zoning Code amendments adopted herein have been subject to environmental review and threshold determination in compliance with the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW, and Chapter 197-11 WAC) and Chapter 19.04 PTMC. On September 26, 2001, the City's SEPA Responsible Official issued a mitigated determination ofNonsignificance (MDNS) for the suggested amendments and a Determination ofNonSignificance (DNS) for the formal amendment by the Northwest Maritime Center. Both documents are adopted herein and both became final on October 11,2001. The Council finds that the Plan and Zoning Code amendments adopted in this ordinance are true to the original vision and goals of the Plan, while accommodating some reasonable and modest change that is entirely consistent with the Community Direction Statement contained in Chapter III of the Plan, and the review and amendment criteria set forth in 20.04.080(A)(3) and (4), and (B)(3) PTMC. Consistent with the requirements of the GMA, Building and Community Development Department staff forwarded the proposed amendments to the Plan and Zoning Code to the State of Washington Department of Community Trade and Economic Development (DCTED) for review and comment more than sixty (60) days prior to the adoption of this ordinance (536.70A. 106). No substantive comments were received from DCTED prior to the adoption of this ordinance. This ordinance has been prepared in conformance with the goals and requirements of the GMA (Chapter 36.70A RCW) and is externally consistent and compatible with the 13 state-wide planning goals contained within the GMA (~ 36.70A.020 RCW). This ordinance has also been reviewed against the requirements of the County-Wide Planning Policy for Jefferson County (CWPP) and has been found by the Council to be in conformance therewith. 25. Based upon the foregoing findings, the Council finds that adoption of the following amendments to the narrative text, goals, policies and Land Use Map of the Comprehensive Plan and Urban Waterfront Plan, and the text, tables and official Zoning Map of Title 17 PTMC will promote the public health, safety and welfare of the citizens of Port Townsend and should be approved. BASED UPON the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 2 ADOPTION OF AMENDMENTS TO THE LAND USE MAP OF THE PORT TOWNSEND COMPREHENSIVE PLAN AND COROLLARY AMENDMENTS TO THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND. 8 Ordinance 2 782 Pursuant to the City's authority under Chapters 35A.63 and 36.70A RCW, and concurrent with the adoption of this ordinance, the City Council hereby adopts an amended Official Comprehensive Plan Land Use and Zoning Map for the City of Port Townsend, which are marked as Exhibits B and C, attached hereto and by this reference made a part hereof. The provisions of Title 17, Zoning, of the Port Townsend Municipal Code shall govern the administration, applicability, and interpretation of the Official Zoning Map, as amended. The amended maps reflect a rezone of Lots 7 and 8 of Block 278 and the south ½ of vacated 4th Street; Lots 1 and 8 of Block 279 and the south ½ of vacated 4th Street as more fully described in Section 1, Finding 19, Amendment #8, a-j above. SECTION 3 ADOPTION OF AMENDMENTS TO THE TEXT AND FIGURES OF THE PORT TOWNSEND COMPREHENSIVE PLAN and the PORT TOWNSEND URBAN WATERFRONT PLAN The text and figures of the Port Townsend Comprehensive Plan and Port Townsend Urban Waterfront Plan (UWP) are hereby amended as set forth in subsections 3.1 through 3.3, below. SUBSECTION 3.1: Pursuant to Amendment #1, Chapter X, Glossary of Terms, of the Port Townsend Comprehensive Plan is hereby amended to delete, add and modify the definition of certain terms as depicted herein in strikeout and underline format. All other language in the Glossary of Terms shall remain in full force and effect. Accessory dwelling unit: 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. Congregate care/Assisted living facilities: 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. 9 Ordinance 2 782 Dwelling unit: 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, kitchen facilities (including at least an oven range or cooking device and a permanently installed sink), and bathroom facilities. "Dwelling unit" does not include motel, tourist court, boarding house, or tourist home units. Family: one or more persons related by blood, marriage, adoption, or a group of not more than six persons not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. The persons thus constituting a family may also include foster children, guests and domestic servants. State-licensed adult family homes and consensual living arrangements of disabled persons, in accordance with the federal Fair Housing Act, are exempt from this definition. SUBSECTION 3.2: Pursuant to Amendment #2, page VII-20-21 of Chapter VII, Capital Facilities of the Comprehensive Plan is hereby amended as follows: Electricity Goal 30: To work with the.vw.~'--o~ sepAng -*~*'~_~...~ serving utilities to plan and allow regional and local improvements to electric facilities and include prospective service plans for facility development within the City's Comprehensive Plan. Policy 30.1: Ensure that City decisions respecting electric utility facilities do not negatively affect the availability of safe and efficient electrical service in neighboring jurisdictions. Policy 30.2: Accommodate additions and improvements to electric utilities in a manner consistent with the needs and resources of Port ToWnsend as well as other neighboring jurisdictions. Policy 30.3: Encourage the~vv_~'-oo~ ~.. ..... ..~,: .... ~----~;*m*" serving utilities to make additions to and improvements of electric utility facilities to provide adequate capacity for projected future growth. 30.3.1 Provide the electric utility with annual updates of population, employment and development projections. 30.3.2 With the utility provider, jointly evaluate actual patterns and rates of growth, and compare those patterns and rates to electrical demand forecasts. Policy 30.4: Recognize the need for electric utility facilities that are sufficient to support economic development. Policy 30.5: Encourage the.~.~'0~ sep."ing ,,.m,~,.~.~.j serving utilities to coordinate and cooperate with other jurisdictions in the implementation of multi-jurisdictional electric 10 Ordinance 2 782 facility additions and improvements. Coordinate procedures for making specific land use decisions to achieve consistency in timing and substantive requirements. Policy 30.6: Encourage the use ofjoint utility corridors, provided that such joint use is consistent with limitations prescribed by applicable law and prudent utility practice. Policy 30.7: Work with providers to appropriately place electric utility facilities within public rights-of-way. Policy 30.8: Continue to implement the City's existing agreement with the !eta! serving "*;~;*-'~-,~., serving utilities regarding vegetation retention and management. Policy 30.9: Continue to work with the.v.~.~,-"o~ ~ .... .--e,~ .... ~--~.,*m*" serving utilities to eliminate the use of pesticides and herbicides in the management of electric utility facilities and corridors. Policy 30.10: In cooperation with the Bonneville Power Administration (BPA), other direct energy providers, and the ..... serv:ng ,~,,,,,4~ utility serving utilities, examine the possibility of purchasing electric power directly from BPA or other energy providers as a wholesale customer. Energy Conservation Goal 31' To promote the efficient use of energy and resources, and the use of alternative energy sources and technologies. Policy 31.1: Facilitate and encourage the efficient use of resources to delay the need for additional facilities. Policy 31.2: Promote the conversion to cost-effective and environmentally sensitive technologies and energy sources (e.g., solar energy, natural gas, etc.). Policy 31.3' Ensure that City facilities and personnel conserve energy resources (e.g., examine the feasibility of converting City vehicles to cleaner fuels). Policy 31.4: Work in partnership with the !eca! sev:ing utility .serving utilities to promote public education efforts which emphasize the efficient use of energy and resources. Policy 31.5: Encourage guge~-ova~ te install construction of an electric car charging station in downtown Port Townsend. SUBSECTION 3.3' Pursuant to Amendment #9, the Urban Waterfront Plan is hereby amended as follows: 11 Ordinance 2782 "Urban Design Element, "Figure 4.a "Official Height Overlay Map - Special Design Review Overlay District," on page 22 of the plan, shall be amended to change the 30' height limitation applied to Block 4 of the Original Townsite of Port Townsend to 40' Appendix A. 1 "Design Guidelines," Guideline 1.3," ' · " , Pyramtdal Ctty Form, on page 62 of the plan, shall be amended to change the reference to the 30' height limitation applied to Block 4 of the Original Townsite of Port Townsend with a 40' height limitation. Appendix B. 1, mptementatton, "Figure 6.a "Special Overlay Design Review District," on page 108 of the plan, shall be amended to reflect that a 40' height limitation applies to Block 4 of the Original Townsite of Port Townsend. SECTION 4: ADOPTION OF AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE. The text and tables of Title 17, Zoning, of the Port Townsend Municipal Code are hereby amended as set forth in subsections 4.1 through 4.7, below. SUBSECTION 4.1: Pursuant to Amendments #1, #2 and 6, Chapter 17.08, Definitions, Sections 17.08.020 A through D, Section 17.08.030 E through H, and Section 17.08.060, R through Vare hereby amended to delete, add and modify the definition of certain terms as depicted herein in strike-out and underline format. All other language in these Sections shall remain in full force and effect. 17.08.020 A through D "Accessory building" means a subordinate building attached to or detached from the principal building and used for purposes customarily incidental to the use of the principal building and not ; .... ~,,;.,g ,~, .... ,~,,,., ,,r., ~,,,o~ ...... ,h,~ o~,~ ~c o se~.'ice. Accessory buildings include but ~e not limited to an automobile storage garage, play house, laun~ room, g~den shelter, hobby room ~d mechanical room. "Accessory dwelling unit" means a separate dwelling unit ,,~ ceeking facilities that is substantially contained within the structure of a single-family residence or an outbuilding which is accessory to such residence. "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 12 Ordinance 2782 exist or are hereafter amended. As of the date of this ordinance, the maximum number allowed by state law is six (6). "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. "Boardinghouse" means a dwelling with a single kitchen that provides the primary residence for the owner or operator and in which not more than four six roomers, lodgers and/or boarders are housed or fed. A boardinghouse is to be distinguished from both a lodging house and a hotel. "Community agricultural center" means an agricultural operation which includes growing. processing, retail sales, office space, instructional activities and farmer/apprentice housing. "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 "Congregate care or assisted living facilities" means a building or complex containing seven or more of dwellings 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. Caaperati;,e Apm~ment. See "Apo..~ment heuse." "Dwelling" means any building or portion thereof designed or used primarily for residential occupancy, including single family dwellings, duplexes, triplexes, fourplexes, and multi-family dwellings, but not including hotels or motels. "Dwelling unit" means a any building or portion thereof that ' ,- .... ~,~ contains v .~vh ..... -o~v---e,w~"~"" separate living facilities for not more than one family. Separate living facilities shall constitute: provisions for sleeping, eating, kitchen facilities (including at least an oven range or cooking device and a permanently installed sink), and bathroom facilities. "Dwelling unit" does not include motel, tourist court, reaming boarding house, or tourist home units. "Family" means one or more persons related by blood, marriage, adoption, or a group of not more than six personsw.~--~--e,r~'"'h"~ ......... ~. · ,...oj*°~ not related by blood or marriage, living together as a 13 Ordinance 2 782 single housekeeping unit in a dwelling unit. The persons thus constituting a family may also include foster children, guests and domestic servants. State-licensed adult family homes and consensual living arrangements of disabled persons, in accordance with the federal Fair Housing Act, are exempt from this definition. "Guest house"/"detached bedroom" means living 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." '(~Tflo~'~'ll~';t~lI'~xllO~l'~'lVll, ¥~9¥--~IUIL--lO/~ .... ~"~t~l~l~"J1 .... Schools, higher education" means a college, junior college or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instructions as approved by the State Board of Education or by recognized accrediting agency, excluding preschool, elementary and junior and senior high schools, and trade and commercial schools; including fraternity and sorority houses. "Kitchen" means any rooms used or intended or designed to be used for cooking and/or preparation of food. A kitchen shall include at least an oven range or cooking device and a permanently installed sink. "Lodging house" means a building with a single kitchen that provides the primary residence for the owner or operator and in which five seven or more roomers, lodgers and/or boarders are housed or fed. A lodging house is to be distinguished from both a boardinghouse and a hotel. See also, "Dwelling, multifamily." "Nursing, rest, or convalescent home" means an establishment which provides full time care for tbzee seven or more chronically ill or infirm persons. Alzheimer units are included in this category. Such care shall not include scheduled surgical, obstetrical or acute illness services. See also, "Adult family home" and "Congregate care or assisted living facilities." "Office/studio, detached" means an office, business, or artistic space contained in an accessory building and accessory to a permitted single-family dwelling located on the same lot for the sole use of members of the family, or persons employed on the premises consistent with home occupation provisions. "Planned unit development" or "PUD" means a special overlay zoning designation subject to discretionary approval under Chapter 17.32 PTMC. As regulated under Chapter 17.32 PTMC, PUDs are residential developments that are planned and/or developed in several stages consistent with a unified site design, and may consist of clusters of multi-unit structures interspersed with areas of common open space. In appropriate circumstances, the PUD overlay allows an applicant to take advantage of flexible zoning standards, modification of requirements of the city's engineering design standards, and bonus densities. Once approved, prescriptive regulations relating to bulk, dimension and infrastructure may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits. 14 Ordinance 2782 "Residential treatment facility" means a facility that provides both a residence (for varying periods of time) and a care component. Among such facilities are group c~e homes for the disabled, emergency or homeless shelters (including facilities or homes for victims of violence), recovery homes, and group homes, rest ~.d cenva!escevX hemes, and orphanages. Such facilities do not include halfway houses. In such a facility, services, equipment, and safety features necessary for the proper care of residents is normally provided. Such services may include: A. Supervision and assistance in dressing, bathing, and in the maintenance of good personal hygiene; B. Care in emergencies or during temporary illness, usually for periods of one week or less; C. Supervision in the taking of medication; and D. Other services conducive to the residents' welfare. "Townhouse or rowhouse" means a one-family dwelling in a row of at least t~h~ee five such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire resistant walls. For purposes of this title, townhouses or rowhouses of five or more residential units are considered multifamily dwellings. See also "Duplex," "Triplex," "Fourplex," "Dwelling, single- family attached," and "Dwelling, multifamily." Section 17.08.060, R through V Telecommunication Facilities. Reserved. "Telephone Exchange" means a facility containing a central system that establishes connections between individual telephones. SUB SECTION 4.2: Pursuant to Amendment # 1, Chapter 17.16, Residential Districts, Section 17.16.010 Purposes, Subsections B 1 and B2 of the PTMC, are hereby amended as depicted herein in strike-out and underline format. All other language in this Section shall remain in full force and effect. R-I - Low Density Single-Family. This district accommodates single-family residences (including duplexes, triplexes, and fourplexes) at a density of up to four dwelling units per 40,000-square-foot area (i.e., 10,000-square-foot minimum lot size, or approximately four dwelling units within one block of platted land). It allows four or fewer single- family dwelling units to be contained within one structure upon condition of sufficient tract size: 20,000 square feet for a duplex; 30,000 square feet for a triplex; and 40,000 square feet for a fourplex. Limited multi-family development could occur with approval of a Planned Unit Development. This zoning district has been applied only in the northwestern portion of the city, because of stormwater related development constraints. The district accommodates single-family development at densities that maintain and promote the "small town" character of Port Townsend, while ensuring that the 15 Ordinance 2 782 environmental quality (particularly as it relates to stormwater control) of the area is not adversely impacted. Higher densities could be permitted in these areas through approval of a planned unit development (R-PUD) overlay designation pursuant to Chapter 17.32 PTMC. R-II - Medium Density Single-Family. This district accommodates single-family dwellings (including duplexes, triplexes, and fourplexes) at a density of up to eight units per 40,000-square-foot area (i.e., 5,000-square-foot minimum lot size, or approximately eight dwelling units within one block of platted land). It allows four or fewer single- family dwelling units to be contained within one structure upon condition of sufficient tract size: 10,000 square feet for a duplex; 15,000 square feet for a triplex; and 20,000 square feet for a fourplex. Limited multi-family development could occur with approval of a Planned Unit Development. The R-II district corresponds closely to those areas of town that are currently platted to eight lots per block, include few development limitations, and which are in proximity to existing public facilities and services. SUBSECTION 4.3: Pursuant to Amendments #1 and 2, Tables 17.16.020 Residential Zoning Districts - Permitted, Conditional and Prohibited Uses and 17.16.030 Residential Zoning Districts - Bulk, Dimensional and Density Requirements are hereby amended as indicated in the following strike-out and underline format: ! 6 Ordinance 2782 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 g-I I R-III R-Iii I R-IV I APPLICABLE REGULATIONS/NOTES SINGLE-FAMILY RESIDENTIAL USES Accessory dwelling units P P P X Ch. 17.48 PTMC, Accessory Dwelling Units; and PTMC 17.16.030, Residential 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 P P P P PTMC 17.16.030, Residential bulk, or fewer adults) dimensional and density requirements. r:c~,o; ..... a .... u; ..... ;+o g la la la o~r~rTM~ '~ ~ ~ n~n Res'2denfia! bulk, Manufactured homes (on P P P X Ch. 17.64 PTMC, Manufactured and individual lots) Mobile Home Parks. Manufactured homes are prohibited within the limits of the Port Townsend National Register Historic District, but allowed on individual lots in R-I, R-II and R-III zoning districts; and PTMC 17.16.030, Residential bulk, dimensional and density requirements. Mobile homes and trailer X X X X homes (on individual lots) Modular homes P P P X PTMC 17.16.030, Residential bulk, dimensional and density requirements. Modular homes are constructed in accordance with the Uniform Building Code and are considered a type of single- family dwelling. Single-family dwellings P P P X PTMC 17.16.03 0, Residential bulk, (including duplexes, dimensional and density requirements. triplexes, and fourplexes which meet the base density requirements of the applicable district) MULTIFAMILY RESIDENTIAL USES Apartment houses X X P P Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Residential bulk, dimensional and density requirements. 17 Ordinance 2782 Boardinghouses (fcur six P P P P Same as above. or fewer roomers) and ~'~-;"- and re.ming Lodging houses (seven or ~ ~ ~ ~ Same as above. more roomers) Congregate care o~ X ~ G P P Same as above. assisted living facilities (with 7 or more dwelling units/bedrooms) Foster homes P P P P Same as above. Fraternities, sororities and X X C C Same as above. student cooperatives Hal~ay house X X X X See definition PTMC 17.08.030. Multifamily dwellings X X P P Same as above. Nursing, rest, or X X P P Same as above. convalescent homes (three seven or more persons) Residential treatment C C G ~ G ~ "Group homes" are considered an facilities including group "essential public faciliW" under RCW homes for the disabled (for 36.70A.200; "... their siting cannot be 6 or fewer residents), precluded by development regulations..." and PTMC 17.16.030, Residential bulk, dimensional and densiW requirements Residential treatment ~ X ~ ~ "Group homes" are considered an facilities including group "essential public faciliW" under RCW homes for the disabled (for 36.70A.200; "... their siting cannot be 7 or more residents), precluded by development regulations..."; and PTMC 17.16.030, Residential bulk, dimensional and densiW requirements To--houses or rowhouses X X P P Ch. 17.36 PTMC, Multifamily Residential (zero lot lines) Development Standards; and PTMC 17.16.030, Residential bulk, dimensional and densiW requirements. COMMERC~L USES Bed and breakfast inns C C C C PTMC 17.16.030, Residential bulk, dimensional and densiW requirements. Child day care centers, C C C C Ch. 17.52 PTMC, Day Care Facilities; child day care facilities, and PTMC 17.16.030, Residential bulk, and preschools dimensional and densiW requirements. Family day care homes P P P P Same as above. Home occupations P P P P Ch. 17.56 PTMC, Home Occupations; and PTMC 17.16.030, Residential bulk, dimensional and densiW requirements. Tourist homes C C C C PTMC 17.16.030, Residential bulk, dimensional and densiW requirements. 18 Ordinance 2782 ACCESSORY USES Accessory buildings and p P P P PTMC 17.16.030, Residential bulk and .......... · .... ,, .... dimensional requirements. Detached Office/Studio P P P X Subject to home occupation regulations, Chapter 17.56. 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 p p P P PTMC 17.16.030, Residential bulk, residential dimensional and density requirements. AGRICULTURAL USES Barns P C X X PTMC 17.16.030, Residential bulk, dimensional and density requirements. Community agricultural C C X X PTMC 17.84, Conditional Uses, Structures center including farmer/apprentice housing are subiect to PTMC 17.16.030 Residential 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 seconda~, to the agricultural component of the center. Concession stands, P P* X X PTMC 17.16.030, Residential bulk, agricultural or produce dimensional and 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 P P X X retail 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 17.16.030, Residential bulk, dimensional and density requirements. Plant nurseries, C C X X Same as above. landscaping materials, greenhouses (commercial) Small animal husbandry, C X X X Same as above. commercial Small animal husbandry, P P P P Same as above. 19 Ordinance 2782 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 17.16.030, Residential bulk, dimensional and density requirements; however, towers, spires and steeples exceeding the height requirements of that section may be allowed, provided they comply with Uniform Building Code § 506, Maximum Height of Buildings and Increases. Community clubhouses p p p P PTMC 17.16.030, Residential bulk, dimensional and density requirement Fraternal organizations C C C X Same as above. Kennels, animal C X X X Same as above. 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 17.16.030, Residential 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, Residential bulk, dimensional and density requirements, except as provided in applicable Federal Communications Commission rules and regulations. Schools, higher education X X C C PTMC 17.16.030, Residential bulk, dimensional and density requirements. Schools, ca!leges (public or C C C X PTMC 17.16.030, Residential bulk, dimensional private) and density requirements. Stadiums, arenas, and C C X X PTMC 17.16.030, Residential bulk, dimensional assembly halls and 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, Residential bulk, homes dimensional and density requirements; and Ch. 17.60 PTMC, Temporary Uses. Rummage or other outdoor p P P P Ch. 17.60 PTMC, Temporary Uses. sales Yard or garage sales p P P P Same as above. 20 Ordinance 2 782 Table 17.16.030 Residential Zoning Districts - Bulk. Dimensional and Density Requirements DISTRICT R-I R-II R-III R-IV MAXIMUM HOUSiNG 4 dwelling units (10,000 8 dwelling units (5,000 sf 24 bedrooms per 40 bedrooms per DENSITY sf of lot area per unit) of lot area per unit) 40,000 sf of lot 40,000 sf of lot (units/bedrooms per area area 40,000 square foot area) DISTRICT R-I R-II R-III R-IV MiNIMUM AVERAGE __ __ __ 25 bedrooms per HOUSING DENSITY 40,000 sf of lot (units/bedrooms per area 40,000 square foot area) MAXIMUM NUMBER 4 (Note: limited 4 (Note: limited No limit No limit OF DWELLING UNITS structures with more than structures with more than 1N ANY ONE 4 dwellings per structure 4 dwellings per structure STRUCTURE may be permitted through may be permitted through the PUD process, see the PUD process, see Chapter 17.32.) Chapter 17.32.) MINIMUM LOT SIZE 10,000 sf= single-family 5,000 sf= single-family 3,000 sf= detached detached single-family detached; and 10,000 sfTM multifamily MINIMUM LOT 50' 50' 30' except: 100' __ WIDTH = multifamily MINIMUM FRONT 20' except: 50' = barns '10' except: 50' = barns 20' except: 10' 20' except: 10' YARD SETBACKS and agricultural buildings and agricultural buildings w/side or rear w/side or rear parking; no parking; no setback for setback for multifamily multifamily structures structures located within located within 200 feet of an 200 feet of an abutting mixed abutting mixed use zoning use zoning district district MiNIMUM REAR YARD SETBACKS 20' except: 50' = barns and agricultural buildings, and 100' if abutting an R- II, R-III, or R- IV zoning district 10' except: 100' =bams and agricultural buildings 10'except: no setback for multi family structures located within 200 feet of an abutting mixed 15' except: 20' if directly abutting an R-I or R-II district; no setback for multifamily structures 21 Ordinance 2 782 use zoning located within district 200 feet of an abutting mixed use zoning district MINIMUM SIDE 5' except: 10' = abutting a 5' except: 10' = abutting a 5' except: 10' = 15' except: 20' if YARD SETBACKS street r o w; 50' = barns street r-o-w; 100' = barns along a street r- directly abutting and agricultural buildings and agricultural buildings o-w; no setback an R-I or R-II and 100' if abutting an R for multifamily district; no II, R III, or R-IV zoning structures setback for district, located within mukifamily 200 feet of an structures abutting mixed located within use zoning 200 feet of an district abutting mixed use zoning district MAXIMUM BUILDING 30' 30' 35' 35' HEIGHT MAXIMUM LOT 25% 35% 45% 50% COVERAGE SUBSECTION 4.4: Pursuant to Amendment #6, Table 17.20.020 Commercial Zoning Districts - Permitted, Conditional, and Prohibited Uses, is hereby amended to reflect the revised definition of boarding and lodging houses and to add "telephone exchange" as a permitted use in the C-II, C-II (H) and C-III zoning districts as indicated in the following strike-out and underline format: Table 17.20.020 Commercial Zoning Districts - Permitted, Conditional, and Prohibited Uses Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use requirements for historic structures; X = Prohibited; N/A = Not applicable DISTRICT I C-, C-III C-II(H) tC-III C-IV APPLICAPLE REGULATIONS/NOTES FOOD SERVICE USES Bakeries, retail P P X P X PTMC 17.20.030, Commercial bulk, dimensional and density requirements. Confectioneries P P X P X Same as above. Drinking establishments X P X P X Same as above. (bars, cocktail lounges, night clubs, and taverns) Microbreweries P P X P X ¸ PTMC 17.20.030, Commercial bulk, dimensional and density requirements. The manufacturing component within any microbrewery located within a mixed use zoning district must be subordinate and accessory to a primary 22 Ordinance 2782 retail use. Other food service P P P P X PTMC 17.20.030, Commercial bulk, establishments including dimensional and density requirements. coffee houses, A manufacturing component may be delicatessens, ice cream permitted within any such use; parlors, juice bars, etc. provided, that it is subordinate and accessory to a primary retail use (e.g., coffee roasting, meat curing, etc.). Within the C-II(H) zoning district, food service uses must be subordinate and accessory to a medical services establishment. Restaurants with drive-in X P X X X PTMC 17.20.030, Commercial bulk, or drive-through service dimensional and density requirements. Restaurants without drive- P P X P X PTMC 17.20.030, Commercial bulk, in or drive-through dimensional and density requirements. MANUFACTURING USES Apparel and other related X C X H X PTMC 17.20.030, Commercial bulk, products manufacture and dimensional and density requirements. assembly PTMC 17.84.060, Additional approval criteria - Conditional uses in historic commercial structures. Electrical and electronic X C X H X Same as above. goods manufacture and assembly Fuel storage facilities X C X X X Same as above. Furniture and fixtures X C X H X Same as above. manufacture and assembly Computer equipment X C X H X Same as above. manufacture and assembly Custom, art and craft work X C X H X Same as above. Medical and optic goods X C C H X Same as above. manufacture and assembly Printing, noncommercial P P X X X PTMC 17.20.030, Commercial bulk, dimensional and density requirements. Mini-storages and mini- X C X X X Same as above. warehouses Welding and fabrication X C X X X Same as above. Wholesaling X C X X X Same as above. OFFICE USES Banks X P X P X Same as above. Business services X P X P X Same as above. Financial institutions X P X P X Same as above. Offices, business and P P P P X Same as above. professional Offices, medical P P P P X Same as above. Veterinary hospitals C P X C X Same as above. RECREATIONAL AND CULTURAL USES Amusement devices, up to P P X P P Same as above. five Amusement parks or X C X X X Same as above. centers 23 Ordinance 2 782 Arcade, amusement X P X X X Same as above. Art galleries P P X P X Same as above. Bowling alleys X P X X X Same as above. Health clubs, dance X P X P X Same as above. studios, martial arts studios Libraries X C X C X Same as above. Museums X C X P X Same as above. Recreation, commercial X P X X X Same as above. Stadiums, arenas and X P X C X Same as above. assembly halls Theatres, not including X P X P X same as above. drive-ins RESIDENTIAL USES Apartment houses X P X P X PTMC 17.20.030, Commercial bulk, density and dimensional requirements; and Chapter 17.36 PTMC, Multifamily Development Standards. Boarding houses (feur six X P X P X Same as above. or fewer roomers) and lodging and rooming houses (fiYe seven or more roomers) Multifamily dwellings X P X P X Same as above. Owner/operator residences P P P P X PTMC 17.20.030, Commercial bulk, dimensional and density requirements, such uses shall only be allowed if clearly subordinate and accessory to a primary commercial use. Residential treatment X X P X X PTMC 17.20.030, Commercial bulk, facilities dimensional and density requirements COMMERCIAL RETAIL USES Antique and gift sales X P ' C P X Same as above. Apparel and accessory X P X P X Same as above. stores Automobile sales and X P X C X Same as above. service establishments, new or used Boat sales and rentals C P X C X Same as above. Building materials, garden X P X C X Same as above. and farm supplies stores Convenience stores C P X C X Same as above. Farmer's markets X P X P X Same as above. Flea markets X P X P X Same as above. Food stores and grocery P P X P X Same as above. stores Furniture, home X P X P X Same as above. furnishings, and appliance stores General merchandise P P X P X Same as above. stores 24 Ordinance 2782 Mobile, manufactured and X P X X X Same as above. modular housing sales Motor vehicle sales X P X C X Same as above. Motor vehicle supply X P X X X Same as above. stores Office supplies and X P X P X Same as above. equipment Pharmacies and medical P P P P X Same as above. supply stores Plant nurseries, X P X X X Same as above. landscaping materials, greenhouses (commercial) Regional retail X X X X P All uses permitted in the C-II district are establishments permitted so long as the structure and use meeting the definition for "regional retail." Specialty stores P P C P X PTMC 17.20.030, Commercial bulk, dimensional and density requirements SERVICE USES, HEALTH Hospitals X X P X X PTMC 17.20.030, Commercial bulk, dimensional and density requirements. Preferred uses in this district are medical related. Massage clinic or center X P P P X Same as above. Nursing, rest or X X P X X Same as above. convalescent homes Offices, medical X P P P X Same as above. SERVICE USES, LODGING Apartment hotels X X X P X Same as above. Bed and breakfast inns X X X P X Same as above. Hotels/motels X P X P X Same as above. Lodging houses X X X P X Same as above Tourist homes X X X P X Same as above. PERSONAL SERVICE USES Child day care centers, X P P X X Chapter 17.52 PTMC, Day Care child day care facilities, Facilities; and PTMC 17.20.030, and preschools Commercial bulk, dimensional and density requirements Funeral parlors and X P X X X PTMC 17.20.030, Commercial bulk, mortuaries dimensional and density requirements Laundromats P P X P X Same as above. Laundry services X P X P X Same as above. Other personal services C P X P X Same as above. SERVICE USES, MISCELLANEOUS 25 Ordinance 2782 Automobile rental X P X X X Same as above. agencies Automobile towing X P X X X Same as above. services Automotive repair X P X C X Same as above. establishment, minor repair Car washes X P X X X Same as above. Catering establishments X P X P X Same as above. Colleges and universities C C X C X Same as above. (public or private) without students in residence Equipment rental services, X P X P X Same as above. commercial Mini-storages and mini- X P X X X Same as above. warehouses Printing, commercial X P X P X Same as above. Radio and television X P X P X Same as above. studios (including recording studios) Schools, commercial X P X P X same as above. Service stations, C P X X X Same as above. automotive and marine Servicing of personal P P X P X Same as above. apparel and equipment Small appliance repair X P X P X Same as above. shops Truck, trailer and X P X X X Same as above. recreational vehicle rental PUBLIC FACILITY USES Electrical distribution X C X X X Same as above. substations Municipal improvements P P P P P Same as above. Offices, government X P P P X Same as above. Recycling facilities, minor P P P P P Same as above. Stormwater retention, P P P P P Same as above. detention, and treatment facilities Telephone exchange X P P P X Same as above. TEMPORARY USES 26 Ordinance 2 782 Contractor offices P P P P P Chapter 17.60 PTMC, Temporary Uses; and PTMC 17.20.030, Commercial bulk, dimensional and density requirements. Christmas tree sales P P P P P Same as above. Carnivals/circuses P P P P P Same as above. Outdoor art and craft sales P P P P P Same as above. Parking lot/sidewalk sales P P P P P Same as above. Rummage sales P P P P P Same as above. Retail or service activities P P P P P Same as above. conducted out of temporary structures and/or trailers Swap meets X P X P X Same as above. OTHER USES Accessory buildings and P P P P P Same as above. structures Churches X P X X X Same as above. Conference centers X P X C X Same as above. Docks and piers for X P X P X Same as above. pleasure craft Ferry landings X P X P X Same as above. Fraternal organizations X P X P X Same as above. Garage, public parking X P C C X Same as above. Personal wireless service N/A 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 C C C C C Such facilities are allowed in all zoning towers districts subject to the conditional use permit requirements of Chapter 17.84 PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District; and PTMC 17.20.030, Commercial bulk, dimensional and density requirements, expect as provided in applicable Federal Communications Commission rules and regulations. Satellite dishes, P P P P P Satellite dishes and antennas shall meet noncommercial, and the requirements of PTMC 17.20.030, antennas Commercial bulk, dimension and density requirements, except as provided in applicable Federal Communications Commission rules and regulations. SUBSECTION 4.5: Pursuant to Amendment #7, Table 17.24.020, Public, Park and Open Space Zoning District - Permitted, Conditional, and Prohibited Uses, is hereby amended to include "community supported agriculture" and "community agricultural center" as shown in the following strike-out and underline format: 27 Ordinance 2782 Table 17.24.020 Public, Park and Open Space Zoning District - 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 P/OS [P/OS(B)] P-I I APPLICABLE REGULATIONS/NOTES RECREATIONAL AND CULTURAL USES Campgrounds, Public P C C PTMC 17.24.030, Public, park and open space bulk, dimensional and density requirements. Community agricultural center x_X_ x C Same as above. PTMC 17.84, Conditional Uses. 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. Farmer/apprentice housing must conform to the bulk, dimensional, and density requirements of the lowest densi .ty residential zone abutting the site. Community centers C C P-I PTMC 17.24.030, Public, park and open space bulk, dimensional and density requirements. Community gardens P P P N/A Community supported agriculture X X P So_.me as abe:'e. All parking shall be off-street. PTMC 17.84, Farmer/apprentice housing must conform to the bulk, dimensional, and density requirements of the lowest density residential zone abutting the site. Conference centers C C X PTMC 17.24.030, Public, park and open space bulk, dimensional and density requirements. Fairgrounds X X P Same as above Golf courses and driving ranges C C C Same as above Libraries X X P Same as above Museums C X P Same as above Open spaces and trails P P P N/A Parks P P P N/A Recreation areas P P P N/A Recreation facilities C X P PTMC 17.24.030, Public, park and open space bulk, dimensional and density requirements. Recreational vehicle parks, public P C C Same as above Stadiums, arenas and assembly halls C X P Same as above Swimming pools C X P Same as above Zoos C X P Same as above PUBLIC FACILITY AND UTILITY USES I 28 Ordinance 2 782 Airports and landing fields Bus and transit storage and maintenance facilities X X X C "Airports" are considered an "essential public facility" under RCW 36.70A.200; "...their siting cannot be precluded by development regulations..." PTMC 17.24.030, Public, park and open space bulk, dimensional and density requirements. SUBSECTION 4.6: Pursuant to Amendment #9, Chapter 17.28, Special Height Overlay, Section 17.28.030, Development Standards is hereby amended to reflect a 40 foot height limit on Block 4 of the Original Townsite as indicated by the following strike-out and underline format: 17.28.30 Development standards A. No structure shall be erected, or altered, in any area defined in this section to a height in excess of the limits established in this section, unless otherwise provided. B. The maximum building heights in each of the following described subdistricts of the Original Townsite of Port Townsend shall be as follows: Subdistricts: All within the Original Townsite of Port Townsend Blocks 2, 47, 50, 95, and 98 (Pt. Hudson Block 94 (Pt. Hudson) Block 99 (Pt. Hudson) and Lots, 1, 3, and 5-8 of Block 45 Block 4 Block 5 Block 6 Blocks 7, 8, 9, 40, 41 and 42 Blocks 10 and 38 Blocks 11 and 52, plus Lots 2 and 4 of Block 45 Block 12 Blocks 36 and 44 Block 37 Block 39 Block 43 Blocks 93 and 100 The subdistrict bounded on the southeast by Washington Maximum Height in feet 25 32 34 3O40 36 46 50 46 37 35 40 42 48 47 43 50 29 Ordinance 2782 Street, on the northeast by Quincy Street, and on the Northwest by the face of the bluff The subdistrict bounded on the southeast by Washington Street, on the southwest by Quincy Street, on the Northeast by Monroe Street, and on the northwest by the Face of the bluff. 45 SUBSECTION 4.7: Pursuant to Amendment #1, Table 17.72.080 Minimum Parking Space Requirements is hereby amended to reduce parking requirements for studio apartment units as indicated in the following strike-out and underline format: Table 17.72.080 Minimum Parking Space Requirements Use Banks and other financial offices with :ustomer services on premises Required Parking Spaces per each 200 sq. ft. of gross floor area Bed and breakfast inns, tourist homes plus 1 per sleeping room Boat building/repair per 1,500 sq. ft. gross floor area of the building Child day care centers as defined in Ch. 388-73 WAC or as hereafter amended Churches, mortuaries, auditoriums and similar places of assembly used for assembly purposes Convalescent homes for aged 1 loading space if serving 12 or fewer children, otherwise 1 parking space per employee plus 2 loading spaces 1 per 4 seats or 60 lineal inches of pew or 40 square feet of gross floor area per each 5 beds Dance halls, skating rinks, similar per 200 sq. ft. of floor area used for recreation recreation uses Dry cleaners, appliance and shoe repair per 500 sq. fi. of gross floor area shops, bakeries without customer seating, similar front counter uses Ferry landing Determined by the decision maker when considering conditional use permit application Furniture, major appliance, floor covering, hardware stores If less than 1,500 sq. ft. floor area If more than 1,500 sq. ft. floor area per 300 sq. ft. gross floor area spaces + 1 per each 600 sq. ft. in excess of 1,500 sq. ft. Health and physical fitness clubs and per 200 sq. ft. of gross floor area facilities Hospitals per each 2 beds excluding bassinets Libraries and museums per 300 sq. ft. of gross floor area 30 Ordinance 2782 Manufacturing uses, research testing and processing, assembling, all industries :xcept boat building/repair 1 per each 2 employees on maximum shift and not less than 1 per 800 sq. ft. of gross floor area Medical, dental or veterinary offices 1 per each 200 sq. ft. of gross floor area Moorage facility other than those 1 per each 2 slips, excluding slips used only for transient moorage reserved for exclusive use of an adjacent residence Motels, hotels, motor hotels 1 per sleeping unit Motor vehicle, machinery, plumbing, 1 per 1,000 sq. ft. of gross floor area or 1 per each 3 employees heating, ventilating, building supply, stores and services Motor vehicle, motorcycle and small 1 per 400 sq. ft. of gross floor area :ngine repair Offices, business and professional (other than banks, medical, dental or veterinary affices) with on-site customer service 1 per 300 sq. ft. of gross floor area Offices not providing on-site customer 1 per 4 employees or 1 per 400 sq. ft. of gross floor area services Recreation, commercial center 4 per each bowling alley, tennis or racquetball court, pool or billiard table; or 1 per each miniature golf hole or each 3 video games Residential, single-family; mobile home 2 per dwelling unit or mobile home space ~arks Residential, duplex or multifamily 1.5 per dwelling unit, plus recreational vehicle spaces for large developments pursuant to footnote 1 below Residential, studio/1 bedroom unit 3er dwelling unit in multi-family) Residential, government assisted housing ~r residents subject to footnote 2 below 1 per each 3 bedrooms Restaurant or tavern with sales and 1 per 100 sq. ft. of gross floor area :onsumption on premises Restaurant, fast food 1 per 50 sq. ft. of gross floor area Retail, not otherwise listed Not fewer than 1 per 300 sq. ft. gross floor area, but not greater than a maximum of 1 per 200 square ft. of gross floor area Rooming houses, similar uses 1 per sleeping unit Schools, preschool 1 loading space if serving 12 or fewer children, otherwise 1 parking space per employee plus 2 loading spaces Schools, elementary and junior high per classroom, plus two loading spaces Schools, senior high 6 per classroom Schools, adult education 1 per each 4 fixed seats or 1 per 50 sq. ft. of gross floor area used for classrooms, exercise, dance or rehearsal 31 Ordinance 2782 Stadiums, sports arenas and similar open assemblies Storage areas which are incidental and subordinate to a principal use which otherwise conforms to this chapter Theaters Warehouse, storage and wholesale business 1 per 8 fixed seats and 1 per 100 Sq. fi. of assembly space without fixed seats No requirement 1 per 4 seats per each 2 employees on maximum working shift SECTION 5 TRANSMITTAL TO DCTED The City Clerk shall transmit a copy of this Ordinance to the Office of community Development within ten (10) days of adoption of this ordinance. SECTION 6 PREPARATION OF REVISED COMPREHENSIVE PLAN COPIES Copies of the Revised pages of the Port Townsend Comprehensive Plan and Urban Waterfront Plan, incorporating the changes to the plan narrative, tables, policies, figures and Land Use Map set forth in this ordinance shall be prepared by Port Townsend Building and Community Development Department staff and available for public inspection within thirty (30) days of the adoption of this ordinance. SECTION 7 CODIFICATION OF AMENDMENTS TO TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE Copies of a revised Title 17, Zoning, of the Port Townsend Municipal Code, codifying the amendments set forth in this ordinance, shall be prepared under the supervision of the City Clerk and available for public inspection within one-hundred and twenty (120) days of the adoption of this ordinance. SECTION 8 EFFECTIVE DATE This ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. SECTION 9 SEVERABILITY In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; PROVIDED, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. 32 Ordinance 2782 Read for the first, second and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 19th day of November, 2001. By ~Mayor Approved as to form: John Watts, City Attomey First reading: g/t> ~'. lq Passage: Second reading: r/dad, iq Publication: Third reading: /tdog. t q Effective: Transmitted to DCTED: ~aq. 3o ., 2001 Ordinance No. 2782 33 Ordinance 2782