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HomeMy WebLinkAbout2700 Repealing Mobile Home Regulations - Amending Various Zoning Sections and Tables in PTMC and Directing Clerk to Codify AmendmentsOrdinance No. o~'"]/_) 0 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTER 9.20, "MOBILE HOMES," OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); ADOPTING AMENDMENTS TO VARIOUS SECTIONS AND TABLES CONTAINED IN TITLE 17, "ZONING," OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); 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 SECTION 20.04.090 PTMC, "LAND USE CODE TEXT REVISIONS," AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). SECTION 1 FINDINGS AND RECITALS NOW, THEREFORE, the City Council of the City of Port Townsend finds as follows: 1. After public review and a recommendation from the Planning Commission, the Chapter 20.04 PTMC, "Port Townsend Comprehensive Plan and Development Regulations Amendment Process," was adopted by the Council on December 16, 1996 (Ordinance No. 2559) to implement 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. 2. After public review and a recommendation from the Planning Commission, the City's current Zoning Code (Title 17 PTMC) was adopted by the Council on April 7, 1997 (Ordinance No. 2571), to comply with the GMA and to implement the Port Townsend Comprehensive Plan (the Plan). All findings, recitals and other provisions of Ordinance No. 2571 are incorporated herein by this reference. 3. After public review and recommendation from the Planning Commission, the first series of amendments to the text and tables and zoning map of Title 17 PTMC were adopted by the Council on December 7, 1998 (Ordinance No. 2670), consistent with the requirements of Chapter 20.04 PTMC and the GMA (§ § 36.70A. 130). All findings, recitals and other provisions of Ordinance No. 2670 are incorporated herein by this reference. 4. Chapter 20.04 PTMC establishes a process for consideration, no more frequently than once per year, °fpotential amendments to the goals, policies, and Official Land Use Map of the Plan, as well as potential amendments to text, tables and Official Zoning Map of the Zoning Code that require amendments to the Plan to ensure mutual consistency between the two documents. 5. Additionally, Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and tables of the Zoning Code, at any time, at the request of the Council, Planning Commission, or Building and Community Development Department staff, PROVIDED that such amendments are consistent with the Plan text and Official Land Use Map (§ 20.04.090 PTMC). The process codified in Chapter 20.04 PTMC for such code amendments provides TITLE 17 TEXT AMENDMENTS 1 Ord. oppommities for meaningful public comment on the proposed amendments after effective notice, consistent with the requirements of the GMA (§§ 36.70A.035, 36.70A. 130, and 36.70A. 140 RCW). This ordinance (Ordinance No. ~) represents the first time the City has undertaken amendments to the text and tables of Title 17 PTMC consistent with the provisions of Section 20.04.090 PTMC, and outside of the annual Plan/Zoning Code review and amendment cycle. 6. As set forth in the findings below, the opportunities provided for meaningful citizen participation employed in this amendment process are consistent with the requirements of the GMA (§§ 36.70A.035, 36.70A. 130, and 36.70A. 140 RCW) and the procedures set forth in Chapter 20.04 PTMC. 7. On April 8, 1999, and after timely and effective public notice, the Planning Commission held a public workshop meeting to review the draft text of the proposed Zoning Code amendments, and to refine the form and content of the proposed amendments for formal consideration at a subsequent public hearing. 8. On April 29, 1999, and after timely and effective public notice, the Planning Commission held an open record hearing to accept public testimony on the proposed amendments to the Zoning Code embodied within this ordinance, and to begin its deliberations and the formulation of findings, conclusions and recommendations for the advice of the Council. 9. On May 13, 1999, and after timely and effective public notice, the Planning Commission held a public workshop meeting to complete the formulation of its findings, conclusions and recommendations for the advice of the Council. 10. On May 17, 1999, the Planning Commission's findings, conclusions and recommendation regarding the proposed amendments were transmitted to the City Council at a regularly scheduled Council meeting. 11. The Council hereby adopts and incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission during its meeting of May 13, 1999. Specifically, the Council finds that the Planning Commission's findings, conclusions and recommendations regarding the proposed Zoning Code amendments are consistent with the requirements for amending development regulations set forth in Chapter 20.04 PTMC, and hereby approves the those recommendations in their entirety. 12. The Council finds that the 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 April 14, 1999, the City's SEPA Responsible Official issued a determination of nonsignificance (DNS) for the amendments adopted herein, which became final on April 29, 1999. 13. The Council finds that the amendments to the Zoning Code definitions and use tables adopted herein are necessary to fully implement the provisions of the recently adopted "Personal TITLE 17 TEXT AMENDMENTS 2 Ord. gqOO Wireless Facilities Ordinance," Ordinance No. 2680, adopted by the Council on January 19, 1999. 14. The Council finds that the amendments to the Zoning Code adopted herein are necessary to improve the clarity, accuracy, application and administration of Title 17 PTMC. 15. The Council finds that it is in the public interest to afford limited opportunities for small scale food service uses within certain manufacturing and marine-related zoning districts to allow workers within such districts access to meals during the workday without necessitating travel, typically vehicular, to remote food service locations within commercial districts. 16. The Council finds that the repeal of Chapter 9.20 PTMC, "MOBILE HOMES," is in the public interest, as that was superceded and rendered a nullity with the passage of the city's current Zoning Code (Title 17 PTMC) on April 7, 1997 (Ordinance No. 2571); the Council further finds that, in conjunction with the repeal of Chapter 9.20 PTMC, that the amendments to the public and open space zoning districts use table relating to "public campgrounds" and "public recreational vehicle parks" are necessary to further clarify the city's treatment of these transient visitor uses. 17. The Council finds that the Zoning Code amendments adopted in this ordinance are wholly consistent with the Community Direction Statement contained in Chapter III of the Plan, the goals, policies, and Official Land Use Map of the Plan, and the review and amendment procedures set forth in Section 20.04.090 PTMC. 18. 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 on April 8, 1999, precisely sixty (60) days prior to the adoption of this ordinance (§36.70A. 106). No substantive comments were received from DCTED prior to the adoption of this ordinance. 19. Based upon the foregoing findings, the Council finds that adoption of the following amendments to the text and tables of Title 17 PTMC will promote the public health, safety and welfare of the citizens of Port Townsend and should be approved. NOW THEREFORE, the City Council of the City of Port Townsend in regular session assembled does hereby ordain as follows: SECTION 2 Chapter 9.20, "MOBILE HOMES," of the Port Townsend Municipal Code is hereby repealed in its entirety. SECTION 3 Section 17.08.020, "A through D," Chapter 17.08, "DEFINITIONS," of the Port Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the following definitions: TITLE 17 TEXT AMENDMENTS 3 Ord. "Alternative support structure" means any buildine, roof. water tank. fla~ole, steeole or other ,type of structure to which any twoe of antenna or ant~enna array and associated equim~ent are affixed. T -. . . . "Amusement device" means any machine or device which provides recreation or entertainment only. for which a charge i's made for use or play. and includes, but is not limited to. pool tables, video.~ames' .tfinball- shuffleboards, mechanical music machines, flitmer ~ames. bowling games, shooting galleries, weightlifhng devices, punchin.a bags. fidine ti~vic~s for not more than four persons, or other games operated by insertion of a coin or ot~er/~ted bv remote control or with a timing device, but shall not mean or include any machine'or device' used exclusively for the vending of merchandise, park or center" means any establishment, place, or business location where more than twenty amusement devices are available for play or use by the general public. Such a r~ark or center may also include miniature golf areas, burnper cars. batting cages, arcades, bu~per boats. ~o carts, and such similar activities. - A. Generally: A cable, pole. tower or other device used for transmitting or receivins radio, or television sianals. B. As used in Chapter 17.78 PTMC. Personal Wireless Service Facilities: Any exterior equipment attached or mounted to a mononole or alternative sur>t>ort structure in thc form of one or more rods. panels, discs or similar cievices used for the transmission or reception of radio or electroma~etic freouencv sianals for any telecommunication numose. · tenna, panel generally, ~s a rectangular antenna desLaned to transmit and/or redeive siSalS in a specific directiOnal pattern which is less than 360 de_re'ecs, typicallY an arc of approximately 120 de.re'ecs, 2. "Antenna_ Parabolic" or "antenna. dish" is a bowl-shaped device for the, reception and transmission of radio freouency sisals in a specific directional pattem. Also referred to as a satellit~ d~sh, 3. "Antenna, whip" or "antenna. rod" is an omni-directional antenna which is designed to transmit and/or receive signals in a 360-de.m-ce pattern, and which is no more than 5 inches in diameter. "Antenna array" means two or more devices, uanels, dishes, rods or similar devices used for the transmission r reeem~on of radio freauenev sienals, microwave or other signals for telecommunications Pure, os'es. TWo or m°re ~ueh [tev[ees affixed Or attached to a m0nopole or to an alternative support structure are included in the definition of antenna array TITLE 17 TEXT AMENDMENTS 4 Ord. 7~"1 0 0 Arcade. 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. B. "Structural arcad~" 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. "Building" means: A. Generally: Any may 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. B. As used in Chapter 17.78 PTMC. Personal Wireless Service Facilities: A fully enclosed structure capable ofbein? inhabited, and does not include open structures such ~ towers, steeples, porches or other attachments to buildinss. "Camouflaeed" is the use of shane, color and texture to cause an object to anr~ear tO become a part of s~methin~ else, usu-a-!13 a structure such as a buildine, wall. flae-o(~l~, street pole, or roof. Camouflage does not mean "invisible." but rather "ann~arine as n~'t of or exactly like the structure used as a mount." ..... "Camp_mound. public" means any parcel or adjacent parcels of land in r~ublic ownership which provides sanitary facilities and spaces for nitch~n~ tents for short-term c;ccupancy of a transient, recreational nature. Those public cam3~ounc~ facilities that also provide harking fot' two or more recreational vehicles are considered recreational vehicle parks. See. "P~ecreational vehicle park. public." "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 technologicglly feasible, by more than one licensed personal wireless service provider. "Concealed" means fully hidden when viewed from mound level, adiaeent riehts-of way. adjacent properties or viewscapes. For example, a personal ~vireless service~facilitv is conceal~1 when it is comnletelv hidden by. inte.m'ated with. or contained within a structure su'ch a~ a building, wall ~r roof that is not a telecommunications facility, ,,Decisionmaker" means; A. Generally: The official or officials of the eitv who make the final decision on a project pemfit application, as ~defined in Chamer 20.01 PT~C. B. As used in Chanter 17.78 PTI{,IC. Personal Wireless Service Facilities: The BCD Director for Type I and Type fi Permits. and the Hean'ng Examiner for T,vpe III pemfits, TITLE 17 TEXT AMENDMENTS 5 Ord. 2;'100 "Developed street" means any public street, hiehwav, avenue, easement or other publi~: right-of-way classified as a local access street, collectc~r street, minor arterial, or principal arterial (see Title 12 PTMC), which is partially or fully developed and which is devoted io vehicula, transportation use by the publi~ at large. For the r~uroo'ses of chapter 17.78 PTMC only. street that does not meet this definition shall be c~ns~dered an undeveloped street, "Director" or "BCD director" means the building and community development departrnent 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 building and community development." "Disguised." as used in Chapter~ 17.78 PTMC. Personal Wireless Service Facilities. means a personal wireless facili~ that is constructed to appear as somethine other than what il really is (e.g.. a personal wireless service facili~ that is disguised to appear'~as a tree or flagpole), (Ord. § 3, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997). SECTION 4 Section 17.08.030, "E through H," Chapter 17.08, "DEFINITIONS," of the Port Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the following definitions: "Equipment enclosure." as used in Chapter 17.78 PTMC. Personal Wireless Service Facilities. means a structure, shelter. Cabinet. b'ox or vault desi~ened for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless conununication si~enals and data. includin~e any provisions for n~echanical cooling equipment, ah' conditioning, ventilation, or back-up powe~r su~_~lies or emergency ~eenerators. "FCC" means the Federal Communications Commissior~ "Guyed tower." as used in Chapter 17.78 PTMC. Personal Wireless Service Facilities means a monopole or lattice tOwer that is stiffened or anchored to the ~ound or other surface by cables. - "Heie. ht." as used in Char~ter 17.78 PTMC. Personal Wireless Service Facilities. mean:; the vertical d~istance measured from the lowest pre-existin~ ~ound level within the foo~rint 0 f the facili~ to the hi.chest point on the facility, including but not limited to the antenna or anterlll,~ an'ay. See also. "Building height," (Ord. § 4, 1999; Ord. 2571 § 2, 1997). TITLE 17 TEXT AMENDMENTS 6 Ord. SECTION 5 Section 17.08.040, "I through M," Chapter 17.08, "DEFINITIONS," of the Port Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the following definitions: "Incidental use" means a use which is subordinate and accessory to a use which is ~ permitted outright or conditionally in the zoning district. "Lattice tower" is a framework composed of cables, straps, bars. or braces, formin~ ,n tower which may have three, four or more sides, "Licensed carrier" means any person, firm. or entity licensed bv the FCC to provide. personal wireless services and which is in the business of~roviding th~ same, "Low power facility" means a licensed or unlicensed personal wireless service facility with a maximum transmitter peak ou~ut power that does not'exceed one watt. is less than 14 X 16 inches in len,~th and width and 8 inches in depth including all associated equipment, and may have an antenna with a length not to exceed 30 inches moun~ed on street poles in developed street rights-of-way, ~ "Macro-facili~" means a personal wireless service facility, with a height not to exceed 75 feet (unless otherwise permitted at a preferred location) comphsed of either (1) a monopok, and attached panel, parabolic or whip an'tenna or antenna array.'or (2) a panel, parabolic or whi~, antenna or antenna array attached to an alternative support structure. Tl~e definition ofma¢r0 facility also includes the associated equipment enclosure. "Manufactured home" means a single-family residence constructed after June 15, 1976, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance. It is a structure, transportable in one or more sections, which is designed to be used with or without a permanent foundation when connected to the required utilities. (Note: Manufactured homes were formerly called "mobile homes" before the federal government assumed control of the construction standards for the industry by way of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S. Code, Section 5401). The term "manufactured home" does not include "modular home," "Mini-faeili~" means a panel, parabolic or whip antenna or antenna array attached to a,, alternative su.pport structure with a height not to exceed the height limit of the zoning district in which it is proposed to be located. The definition ofmini-facil also includes the associated equipment enclosure, "Micro-facility" means a single array and transmitter mounted on an existing street o~ light pole located witl~in a developec~ street.'with the associated equipment enclosure mounted o~, the pole or installed completely b[low grade. TITLE 17 TEXT AMENDMENTS 7 Ord..~/00 "Monopole" is a vertical self-supportin~e structure consistin,e of a single vertical r~ole which is ~typically round or flat-sided in section. The term "monopole" also includes th~ attached panel, parabolic or whip antenna or antenna array. "Mount" means any mounting device or bracket that is used to attach an antenna or antenna array to a street hole. building, structure or mono~ole. (Ord. § 5, 1999; Ord, 2571 § 2, 1997). SECTION 6 Section 17.08.050, "N through Q," Chapter 17.08, "DEFINITIONS," of the Port Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the following definitions: "Personal wireless service" means any of the technologies,~ as defined by § 704(a)(7)(c)(I) of the Telecommunications Act. including ce~llular, personal communication services (PCS) enhanced specialized mobile radio (ESM~). specialized mobile radio (SMR). paging and unlicensed wireless services, "Personal wireless service facility or facilities" means any nnstaffed facility for the transmission and/or reception of personal wireless services. This can consist of an equipment shelter or cabinet, a support structure or existing structure used to achieve the neeessai3r elevation, and the antenna or antenna an'ay. "Planned unit development" or "PUD" means a special overlay zomng designation subiect to discretionary approval under Chanter 17.32 PTMC. As regulated under Chapter 17,32 PTI~IC. PUDs are resi~lential developments ~hat are planned and/or developed in several stages consistent with a unified site desi?_ and may consist of clusters of multi-unit structures interspersed with areas of common open space. Once approved, prescriptive regulations relatillv to bulk. dimension and infrastructure may be varied to allow desien innovations and soecial features in exchange for additional and/or superior site amenities~or communiW benehts "Preferred locations," as used in Chapter 17.78 PTMC. Personal Wireless Service Facilities, means those locations listed in Section 17.78.080 PTMC that have been found to the most desirable for the location of personal wireless service facilities because of the existinp development in the area or on the site. the ~types of buildings already existing at the site. the, existence of similar or compatible facilities at the particular site. the commercial or industrial nature of the area. the zoning designation of the area. and/or the technical suitability of the ~articular location. The co-loCation of personal wireless service facilities is included as a ~referred location. "Preliminary PUD" means the final action of the city ~antin~ anr~roval for a PUD subject to applicable conditions that must be fully satisfied prior to final ~UD approval. (Ord. · § 6, 1999; Ord. 2571 § 2, 1997). TITLE 17 TEXT AMENDMENTS 8 Ord. SECTION 7 Section 17.08.060, "R through V," Chapter 17.08, "DEFINITIONS," of the Port Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the following definitions: Radio frequency emms~on hm~ts means the hmlt on field streneth or oower density at a specified distance from a radiator that alWays applies, as opposed to an 'rRF ex~nosure limit,;' which annlies anywhere people may be located. The FCC euidelines specifv exposure limits not emissio~limits. ~vhich is why acCeSsibility is key to determ~nine comolianc~. As regulated by FCC guidelines, exposure occurs whenever a person is subiecte~l to el'ectric, magnetic o, electromagnetic fields other than those ori~inatine from ol~vsioloeical processes in the body and other natural nhenomena. The FCC guideli'~nes in~oroora{e limits For Maximum Pemfissibl~, Exposure (M~E) in terms of electric and magnetic f~eld stren~eth and oower density fo, transmitters ooeratine. ,~ at freouencies, betwee~ 300 kHz and 100 GHz.' MPE refers'to the root mean square (rms} and peak electric and maenetic field streneth, their squares, or the plane-waw~ eouivalent power ~tensities associated with t~ese fields to wh~cha uersor~ mav'be exposed without harmful effect and with an acceptable safety factor. The I~IPE llmits~ indica{e level~; above which people may not be safely exposed regardless of the location where those levels occur. When accessibility to an area with excessive levels is appropriately restricted, the facility or operation can certify, tl~at it complies with the FCC requirements. The FCC exposure limits apply to occupational/controlled exposure and to general population/uncontrolled exposure, "Recreation facilities" means facilities, such as boat or yacht clubs, swimming pools, carousel~, athletic clubs, golf and country clubs, for the use of the general public and operated by either a municipal corporation or a not for profit organization on land under the ownershin and control of a municipal com. oratio~l. ' "Rec 'onal vehicle park bi' "means any 1 or ad' Is f land in public reatl . Du lC Darce lacent narce o .'~"~. :m~er ~qe~ cen~e! an~ :i g~e ownership desired and imp~'oved t'o accommodat th temporary parking of two or more recreational vehicles. The term shall include ~ubli¢ campgrounds when designed to accommodate tr-a~4~mi~ recreational vehicle~, but does not include land zoned and used for the display or sale ofm~4rqg, l~-s recreational vehicles. For the purpose of this definition, "temporary parking" means placement of a recreational vehicle on a single site for 180 days or less in any 12 month period. See. "Camp,mound. public." "Secondary locations." as used in Chapter 17.78 PTMC. Personal Wireless Service Facilities. means those locations listed in Section 17.78.090 PTMC that have been found to appropriate for the location ofnersonal wireless service facilities because of the existinf~ development in the area or on ~he site. the ~types ofbuildines already existine at the site. th~, existence of similar or compatible facilities at the oarticular site. th~ commercial or industrial nature of the area. the zoning desi~enation of the ar'ea, and/or the technical suitability ofth~, particular location. "Setback (yard requirements)" means the distance between a building and its lot lines. Setbacks shall be measured, where applicable, from building lines to the proposed or actual public or private street right-of-way lines. TITLE 17 TEXT AMENDMENTS 9 Ord. Lq O0 Street pole means a telephone, electric, cable televls~on, purpose built t>ole, or ljgh~ fixture support pole lOcated in a street, whether such pole is owned °r leased by owned or leased by a private utility company "Support structure." as used in Chapter 17.78 PTMC. Personal Wireless Servicc Facilities. means a monop01e. "Temporary personal wireless service facili~" is a non-permanent nersonal wireless facili~ installed on a short,term basis for the ouroose of evaluatine the technical feasibility of particular location for placement of a personal wi'reless facility or For orovidine emergency communications during a natural disaster or other emergencies which'may thrgaten the uubli~; health, safe _ty and welfare. Examnles include, but are not limited to. ~lacement of an antemla upon a fully extended bucket truck, crane, or other device capable of'reaching the height necessary to evaluate the site for placement of a personal wireless facili~ "Viewscape" means scenic views of natural and built areas and features, including but not limited to: tree-covered hillsides, the "feathered edee" alone ridge lines surrounding or within the city. views of the built environment which c~ntain si~tmifi~ant architectural, historical or public art features, or views of the natural environment such ~s Puget Sound. mount0ins, valleys or an area of landscaping, of local or regional aesthetic imp°r[ance, (Ord. § 7, 1999; Ord. 2571 § 2, 1997). SECTION 8 Section 17.12.050, "Boundary interpretation," Chapter 17.12, "ESTABLISHMENT OF ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: 17.12.050 Boundary interpretation. Where uncertainty exists as to boundaries of any district shown on said map, the following rules shall apply: A. Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. Where a boundary follows a lot line, the lot line shall be the boundary. ~, ........................ ... . rea oun esa that is equal to or less than one acre in size (i.e.. or one platted block} into two sihgle-family residential zoning district classifications, the district classification that has been applied to _creater than 50% of said lot shall apply to the entirety thereof ......... a ~..~ a..~..:_,;~._ ~c,:. ......~ Where a boundary divides a lot lareer than one acre in size (i.e.. or one olatted block) into two single-family reside'ntial zonine distr~ct classifications, the location of the l~oundary, unless indicated by dimension, shall be dete~rmined by referencing the adopted comorehensive, ,~lan land use man. and leeal, description of the narc?l, D. Where a boundary divides a lot that is eoual to or less than i0.000 sauare feet in size into two zoning district classificatiOns and one of tl~e classifications is multi-fa~nily residential, mixed,use, commercial, or marine-related and manufacturing, the district TITLE 17 TEXT AMENDMENTS 10 Ord. classification that has been applied to .re'eater than 50% of said lot shall anplv to the entirety thereof. - . T _ E. Where a boundarv~ divides a lot that is ~-m'eater than !0.000 sauare feet in size into two zonin.~ district classifications and one of the classifications is multi-fanCily residential, mixed-use, commercial, or marine-related and manufacturine, the location of the boundm3,~, unless indicated bY dimension, shall be determined bv refere~cine the ad°nted comprehensive plan land use map and le.~a! description of the r~arcel~ gl G. Where any public r~ght'of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way, unless the right-of-way is wholly contained within, and forms the outside boundary of, a recorded plat, in which case the land use distTict regulations applied to the abutting property shall thereafter extend through the entire vacated or abandoned right-of-way. B lrI. In case any uncertainty exists, the Director shall determine the location of the district boundary, pursuant to Chapter 17. 90 PTMC and Chapter 20.02 PTMC, as applicable. (Ord. ~ § 8, 1999; Ord. 2571 § 2, 1997). SECTION 9 Section 17.16.020, "Permitted, conditional and prohibited uses - Accessory dwelling units," Chapter 17.16, "RESIDENTIAL ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: 17.16.020 Permitted, conditional and prohibited uses- Accessory dwelling units. A. Table 17.16.020 identifies land uses in the residential zoning districts that are permitted outfight (P), subject to a conditional use permit (C), or prohibited (X). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. For example, multifamily residential development project applicants must procure a Type I permit in accordance with Chapter 17.36 PTMC, Multifamily Residential Development Standards. Uses not specifically identified within Table 17.16.020 are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited. B. Requirements for the uses identified in Table 17.16.020 which are contained within other provisions of this title are referenced under the heading "applicable regulations/notes," although this should not be construed as a comprehensive listing of all provisions of this title which may apply to any given use. Specifically, the provisions of Chapter 17.72 PTMC, Off-Street Parking and Loading, and Chapter 17.76 PTMC, Signs, shall apply to all uses, even if not noted in Table 17.16.020. C. Accessory Dwelling Units - Limitations on Use. One accessory dwelling unit (ADU) may be established as an accessory use to a single-family residence provided the following conditions are continuously met: 1. A certificate of occupancy pursuant to the Uniform Building Code shall be obtained from the building official and posted within the ADU. The code inspection and compliance required to obtain a certificate of occupancy in an existing building shall be restricted to the portion of the building to be occupied by an ADU and shall apply only to new construction rather than existing components, except that any high hazards (i.e., smoke detectors, fire exits, stairways, LP gas appliances and fire separation) shall be corrected. Where additional fire TITLE 17 TEXT AMENDMENTS 11 Ord. separation is unduly burdensome, the building official may authorized a fire alarm system in lieu of required fire separation. 2. The owner of the subject property shall reside on the premises, whether in the main or accessory dwelling; provided, that in the event of illness, death or other unforeseeable event which prevents the owner's continued occupancy of the premises, the director may, upon a finding that discontinuance of the ADU would cause a hardship on the owner and/or tenants, grant a temporary suspension of this owner-occupancy requirement for a period of one year. The director may grant an extension of such suspension for one additional year, upon a finding of continued hardship. In the case of an ADU established prior to March 6, 1995, but after August 17, 1971, if the ADU complies with all of the requirements of this section except owner- occupancy, the ADU may cOntinue without occupancy by the owner until the property is sold, exchanged or otherwise transferred to a different owner. 3. Neither the main or accessory dwelling unit shall be used as a transient accommodation. 4. ADUs established in an outbuilding shall not exceed 800 square feet in floor area, and under no circumstance shall the total lot coverage of the primary residence along with the ADU exceed 35 percent of the total lot area. Additionally, no ADU shall be established in an outbuilding constructed after March 6, 1995, if the total floor area of the portion of the outbuilding occupied by the ADU exceeds 50 percent of the total floor area of the main residence building. 5. In order to preserve the outward appearance of single-family neighborhoods, the front of the house shall have only one exterior entrance. 6. An ADU may be established in a residence or outbuilding which is legal, nonconforming with respect to required setbacks if entrances are no closer than five feet to neighboring property lines, and if each side window which is closer than five feet to a side property line and which is also Closer than 20 feet to either the front or rear property line is permanently glazed with translucent material; provided, that the director may permit an entrance as close as three feet to a neighboring property line upon a finding that no feasible altemative exists. 7. No additional off-street parking is required to establish an ADU; provided, that the off-street parking requirements for the other uses on the site are continuously met. D. Accessory Dwelling Units - Exception for Legal, Nonconforming Accessory Dwelling Units. Notwithstanding the provisions of subsection C of this section, in the case of an ADU established prior to August 17, 1971, and continuously occupied thereafter, the ADU may continue ' ,,, A o without eom hance with p ' ' PTMC ......... x~ .-.,. (D) 17.16.020(C](D and (C~(2~, provided a certificate of oecunancv is obtained nursuant to PTM .LT. dLfi~7,.gJ~KD. [Note: The fee for inspection and issuance of a certificate of occupancy for an accessory dwelling unit shall be the same as that established in the currently adopted Uniform Building Code for a special inspection. For the purposes of determining system development charges or utility or infrastructure requirements, a single-family residence with an accessory dwelling unit which does not separately connect to city water or sewer service shall have the same charges and the same requirements as a single-family residence without an accessory dwelling unit. E. Incidental uses which are identified in this title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed as .~ m~n~r,, r~T,.....~m TITLE 17 TEXT AMENDMENTS 12 Ord. (Type II) in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in Chapter 17.84 PTMC. (Ord. ~ § 9, 1999; Ord. 2571 § 2, 1997). SECTION 10 Table 17.16.020, ',Residential Zoning Districts - Permitted, Conditional and Prohibited Uses," Chapter 17.16, "RESIDENTIAL ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Table 17.16.020 Residential Zoning Districts - Permitted, Conditional and Prohibited Uses Accessory dwelling units Adult family homes Efficiency dwelling units Manufactured homes (on individual lots) Mobile homes and lxailer homes lots) Modular home,~ Single-family dwellings (including duplexes, triplexes, and fourplexes which meet the base density requirements of the applicable distric0 Apathxient houses Boardinghouses (4 or fewer roomers) and lodging and rooming houses (5 or more roomers) TITLE 17 TEXT AMENDMENTS 13 Ch. 17.48 PTMC, "Accessory Dwelling Units"; and § 17.16.030 PTMC, "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 § 17.16.030 PTMC. § 17.16.030 PTMC, "Residential bulk, dimenSional and density requirements." Same as above. Ch. 17.64 PTMC, "Manufactured and 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 § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." 17.16.030 PTMC. "Residential bulk_ dimensional and densi~ requirements": modular homes are constructed ill accordance with the Uniform Buildin~ Code and are § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Ch. 17.36 PTMC, "Multi-Family Residential Development Standards"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Same as above. Ord. Congregate Care Facilities Foster homes Fraternities, sororities and student cooperatives Multi-family dwellings Nursing, rest, or convalescent homes (3 or more persons) Residential treatment facilities including group homes for the disabled Townhouses or rowhouses (zero lot lines) Bed and breakfast inns Child day care centers, child day care facilities, and preschools Family day care homes Home occupations Tourist homes Accessory buildings and accessory structures Fuel oil and kerosene containers Garages, private residential Barns Crop or tree fainting (no retail sales) Crop or tree farming with community supported agriculture sales Same as above. Same as above. Same as above. Same as above. Same as above. "Group Homes" are considered an "essential public facility" under RCW 36.70A.200; "... their siting cannot be precluded by development regUlations..."; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Ch. 17.36 PTMC, "Multi-Family Residential Development Standards"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Ch. 17.52 PTMC, "Day Care Facilities"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Same as above. Ch. 17.56 PTMC, "Home Occupations"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." § 17.16.030 PTMC, "Residential Bulk and Dimensional Requirements." Such containers require a permit and inspection pursuant to Ch. 16.04 PTMC, "Building and Construction," may only be permitted for domestic heating purposes, must be located !above ground, and may not exceed 750 gallons capacity. § 17.16.030 PTMC, "Residential bulk, dimensional and density requirement.q." § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." All parking shall be off-street TITLE 17 TEXT AMENDMENTS 14 Ord. U-pick sales of crops Stables, private and riding Plant nurseries, landscaping materials, greenhouses commercial) Small animal husbandry, commercial Small animal husbandry, non- commercial Concession stands, agricultural or produce All parking shall be off-street § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Same as above. Same as above. Same as above. § 17.16.030 PTMC, "Residential bulk, 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. Stadiums, arenas and assembly halls Cemeteries Churches Community clubhouses Fraternal organizations Kennels, animal Public facilities Personal wireless service facilities Radio;, on0 television ~_nd eaher te!ecmr~'n".:n;.zati.~n: towers § 17.16.030 P ...... TMC, Res~dentaal bulk, dmaensxonal and density requirements." Church buildings must comply with the requirements of § 17.16.030 PTMC, "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." § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Same as above. Same as above. Same as above. Refer to Ch. 17.78 PTMC. "Personal Wireless Service Facilities for list of permitted, conditional and prohibited uses and Other substantive requirements. 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 § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission roles and regulations~ TITLE 17 TEXT AMENDMENTS 15 Ord. 'L,-'IDO Satellite dishes~ and antennae Schools, colleges (public or private) Veterinary hospitals Satellite dishes and antennae shall meet the requirements of § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission rules and regulations; se: Ch. !7.7°-. PTMC. § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Same as above. Contractor offices and model homes Rummage or other outdoor Yard or garage sales (Ord. ~ § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements"; and Ch. 17.60 PTMC, "Temporary Uses." Ch. 17.60 PTMC, "Temporary Uses." Same as above. § 10, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997). SECTION 11 Table 17.16.030 Residential Zoning Districts - Bulk, Dimensional and Density Requirements, Chapter 17.16, RESIDENTIAL ZONING DISTRICTS, of the Port Townsend Municipal Code is hereby amended as follows: Table 17.16.030 Residential Zoning Districts - Bulk, Dimensional and Density Rel uirements MAXIMUM HOUSING DENSITY 4 8 16 24 (units per 40,000 (10,000 s.f. of lot area(5,000 s.f. of lot area (2,500 s.f. of lot area(1,666 s.f. of lot area square foot area) per unit) per unit) per unit) per unit) MINIMUM AVERAGE HOUSING DENSITY 17 (units per 40,000 (not more than 2,352 square foot area) -- __ __ s.f. of lot area per unit) MAXIMUM 4 4 No limit No limit DWELLING UNITS IN ANY ONE TITLE 17 TEXT AMENDMENTS 16 Ord. 7~7100 10,000 s.f. -- single 5,000 s.f. -- single- 3,000 s.f. = single family detached family detached family attached and -- MINIMUM LOT SIZE detached; and 10,000 s.f. = multi-family MINIMUM LOT 50' 50, 30, except: 100' = __ WIDTH multi-family 20' except: 50' = barns 10' except: 50' = barns 20' except: 10' w/side 20' except: 10' w/side and agricultural and agricultural or rear parking; no or rear parking; no buildings buildings setback for multifamily setback for multifamily structures located structures located MINIMUM FRONT within 200 feet of an within 200 feet of an YARD SETBACKS abutting mixed use abutting mixed use zoning district zoning district 20' except: 50' = barns 10' except: 100' = 10' except: no setback 15' except: 20' if and agricultural barns and agricultural for multifamily directly abutting an R-I buildings, and 100' if buildings structures located or R-II district; no abutting a R, II, R-III, within 200 feet of an setback for multifarnily or R-IV zoning district abutting mixed use structures located MINIMUM REAR zoning district within 200 feet of an YARD SETBACKS abutting mixed use zoning district 5' except: 10' = 5' except: 10' = 5' except: 10' = along a 15' except: 20' if abutting a street r-o-w; abutting a street r-o-w; street r-o-w; no setback directly abutting an R-I 50' = barns and 100' = barns and for multifamily or R-II district; no agricultural buildings agricultural buildings structures located setback for mulfifamily and 100' if abutting a within 200 feet of an structures located R-II, R-III, or R-IV abutting miXed use within 200 feet of an MINIMUM SIDE zoning district zoning district abutting mixed use YARD SETBACKS zoning district MAXIMUM 30' 30' 35' 35' BUILDING HEIGHT MAXIMUM LOT 25% 35% 45% 50% COVERAGE Front = 4'; side = 8'; Front = 4'; side = 8'; Front = 4'; side = 8'; Front = 4'; side = 8'; MAXIMUM FENCE side abutting a public side abutting a public side abutting a public side abutting a public HEIGHT_* r-o-w = 4'; rear = 8' r-o-w = 4'; rear = 8' _ r-o-w = 4'; rear = 8' r-o-w = 4'; rear = 8' · I } ~ 'r t r (Ord. ~ § 11, 1999; Ord. 2571 § 2, 1997). TITLE 17 TEXT AMENDMENTS 17 Ord. SECTION 12 Section 17.18.020, "Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses - Limitations on use," Chapter 17.18, "MIXED USE ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: 17.18.020 Permitted, conditiOnal and prohibited uses. A. Table 17.18.020 PTMC identifies land uses in the mixed use zoning districts that are permitted outright (P), subject to a conditional use permit (C), or prohibited (X). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table 17.18.020 PTMC are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited. B. Requirements for the uses identified in Table 17.18.020 PTMC which are contained within other provisions of this title are referenced under the heading "applicable regulations/notes," although this should not be construed as comprehensive listing of all provisions of this title which may apply to any given use. Specifically, the provisions of Chapter 17.72 PTMC, "Off Street Parking and Loading," and Chapter 17.76 PTMC, "Signs" shall apply to all uses, even if not noted in Table 17.18.020. C. Incidental uses which are identified in this Title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed as a minor ~ in accordance with Chapter 20.01 subject to the approval criteria codified in Chapter 17.84 PTMC. (Ord. ~ § 12, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997). SECTION 13 Table 17.18.020, "Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses," Chapter 17.18, "MIXED USE ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Table 17.18.020 Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses Apartmenthouses P p § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements"; and Ch. 17.36 PTMC, "Multifamily Residential Development Standards." Boarding houses (4 or fewer roomers) and lodging and rooming houses (5 or more roomers) Attached single family residences (i.e., duplexes, triplexes and fourplexes) P P P X Same as above. § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." TITLE 17 TEXT AMENDMENTS 18 Ord. 7f~ O 0 Multi-family dwellings Residential treatment facilities including group homes for the disabled Residences above commercial uses P Townhouses or rowhouses (zero lot lines) Banks C Same as above. P C P Detached single-family X X residences P P "Group Homes" are considered an "essential public facility under RCW 36.70A.200; "... their siting cannot be precluded by development regulations... "; and § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." The Port Townsend Comprehensive Plan identifies this as the preferred form of development within Mixed Use Zoning Districts. § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements"; and Ch. 17.36 PTMC, "Multifamily Residential Development Standards." § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Business Services P P Same as above Financial institutions X P Same as above. Offices, business and P P Same as above. professional Offices, government C C Same as above. Offices, medical P P Same as above. Amusement devices, up to C five (5) X Amusement parks or centers - I Same as above. Same as above. Antique and gift sales X P Same as above. Apparel and accessory X P Same as above. stores Arcade. amusement X P Same as above. Art galleries X P Same as above. Building materials, garden X P Same as above. and farm supplies stores Convenience stores X C Same as above. P P Same as above. Confectioneries Custom, art and craft work P P Same as above. TITLE 17 TEXT AMENDMENTS 19 Ord. Education and music studio X P Same as above. Food stores and grocery P P Same as above. stores General merchandise stores P P Same as above. Micro breweries C C § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." The manufacturing component within any micro brewery located within a mixed use zoning district must be subordinate and accessory to a primary retail use. Office supplies and X P § 17.18.030 PTMC, "Mixed use bulk, dimensional and density equipment requirements." Other food services X P Same as above. Pharmacies and medical P P Same as above. supply stores Restaurants (excluding P P Same as above. those with drive-in or drive-through service) Specialty stores P P Same as above. Catering establishments X P Same as above. Massage clinic or center X P Same as above. Health clubs, dance studios, P P Same as above. martial arts studios Laundromats and laundry P ' P Same as above. services Personal services P P Same as above. Printing, commercial P P Same as above. Servicing of personal P P Same as above. apparel and equipment Small appliance repair X P Same as above. Accessory buildings and [ P I ' P Same as above. accessory structures [ I Christmas tree sales I P I P Ch. 17.60 PTMC, "Temporary Uses." Contractor offices and[ P] P Same as above. model homes TITLE 17 TEXT AMENDMENTS 20 Ord. Outdoor art and craft shows Same as above. P P Retail or service activities P P Same as above. conducted out of temporary stmctures and/or trailers Rummage or other outdoor P P Same as above. sales Sidewalk and parking lot P P Same as above. sales Yard or garage sales P P Same as above. Bowling alleys X P Same as above. Child day care centers, P P Ch. 17.52 PTMC, "Day Care Facilities"; and § 17.18.030 PTMC, child day care facilities, "Mixed use bulk, dimensional and density requirements." and preschools Community clubhouses P P § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Churches X X Home occupations P P § 17.58 PTMC, "Home Occupations." Public facilities C C Section 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Sheltered transit stops P P Sheltered transit stops may be required as a condition of development approval for projects which exceed the SEPA categorical exemption thresholds of WAC 197-11-305. Schools C C Chapter 18.20 PTMC, "Binding Site Plans"; and Section 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Personal wireless serv]~e N/A N/A Refer to Ch. 17.78 PTMC. "Personal Wireless Service Facilities facilities Radio,, and television towers Satellite dishes_. ~ and C antennae C P for list of permitted, conditional and prohibited uses itn~l other substantive reouirements. Such facilities are allowed in all zoning districts subject to Section 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements," and 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, except as provided in applicable Federal Communications Commission roles and regulations; ss~ CB. !7.72 PTMC. Satellite dishes and antennae shall meet the requirements of § 17.18.030 PTMC, "Mixed use, bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission roles and regulations; ::: CB. !7.78 (Ord. __ § 13, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997). TITLE 17 TEXT AMENDMENTS 21 Ord. SECTION 14 Table 17.18.030, "Mixed Use Zoning Districts - Bulk, Dimensional and Density Requirements," Chapter 17.18, "MIXED USE ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Mixed Use Zoning MINIMUM LOT SIZE MINIMUM FRONT YARD SETBACKS MAXIMUM FRONT YARD SETBACKS MINIMUM REAR YARD SETBACKS MINIMUM SIDE YARD SETBACKS MINIMUM NUMBER OF STORIES (in any principal building) MAXIMUM BUILDING HEIGHT MINIMUM GROUND FLOOR CLEAR CEILING HEIGHT MINIMUM BUILDING FRONTAGE ALONG ABUTTING PUBLIC R-O-Ws MINIMUM GROUND FLOOR NONRESIDENTIAL BUILDING FRONTAGE ALONG ABUTTING PUBLIC R-O-Ws (Except as provided in § 17.18.020(C) PTMC) Table 17.18.030 Districts - Bulk, Dimensional and Density Requirements 5,000 s.f. 5,000 s.f. None None None None None except: 20' if abutting an R-I, R-II zoning district; 5' if abutting an R-III or R-IV zoning district. None except: 10' if abutting an R-I or R- II zoning district; 5' if abutting an R-III or R-IV zoning district. 35' 10' 40' or 70% of front lot width, whichever is greater 70% of overall building frontage None except: 20' if abutting an R-I, R-II, zoning district; 5' if abutting an R-III, or R-IV zoning district None except: 10' if abutting an R-I or R- II zoning district; 5' if abutting an R-III, or R-IV zoning district 45' except: a) 2 stories, up to 35' within 100' of an abutting R-I or R-II district, or b) 35' if the development has no residential use component 10' None None TITLE 17 TEXT AMENDMENTS 22 Ord. 2 s.f. of gross floor area per 1 s.f. of lot All-commercial developments (i.e., no residential component): 0.25 s.f. of gross floor area per 1 s.f. of lot area MAXIMUM FLOOR AREA RATIO MAXIMUM AMOUNT OF ANY 5,000 s.f. None INDIVIDUAL COMMERCIAL USE MAXIMUM AMOUNT OF 30,000 s.f. 60,000 s.f. COMMERCIAL FLOOR SPACE (in any one structure) MAXIMUM HOUSING DENSITY 16 24 (units per 40,000 square foot area) (2,500 s.f. of lot area per unit) (1,666 s.f. of lot area per unit) MINIMUM AVERAGE HOUSING 9 None DENSITY (not more than 4,444 s.f. of lot area per (units per 40,000 square foot area) unit) MINIMUM OPEN SPACE 10% of total gross floor area 10% of total gross floor area MAXIMUM FENCE HEIGHT * Note: Maximum fence heights apply Front = Max. blde. heieht a~rflies Side = Max. blde. heieht atmlies except: 8' when a side yard setback is required Rear = Max. blde. heieht am~lies excent: 8' when a rear yard setback is required (Ord. Mixed-commercial/residential developments: A base floor area ratio of 0.25 s.f. of gross floor area per 1 s.f. of lot area, plus a bonus of 1 s.f. of gross floor area of non-residential use for each 1 s.f. of residential use, up to a maximum floor area ratio of 3 s.f. of gross floor area per 1 s.f. of lot area for the project as a whole Front = Max. bide. heieht aoolies Side = Max. bldg. hei.eht applies except: 8' when a side yard setback is required Rear = Max. bldg. height applies except; 8' when a rear yard setback is require0 ithin any required setback area or along the edge of any req?ired yard. § 14, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997). SECTION 15 Section 17.20.020, "Commercial Zoning Districts -Permitted, Conditional and Prohibited Uses - Limitations on use," Chapter 17.20, "COMMERCIAL ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: 17.20.020 Permitted, conditional and prohibited uses- Limitations on use. A. Table 17.20.020 identifies land uses in the commercial zoning districts that are permitted outright (P), subject to a conditional use permit (C), subject to the specific conditional use requirements for uses in commercial historic structures contained in PTMC 17.84.060 (H), or prohibited (X). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table 17.20.020 are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited. TITLE 17 TEXT AMENDMENTS 23 Ord. B. Requirements for the uses identified in Table 17.20.020 which are contained within other provisions of this title are referenced under the heading "applicable regulations/notes," although this Should not be construed as _13 comprehensive listing of all provisions of this title which may apply to any given use. Specifically, the provisions of Chapter 17.72 PTMC, Off-Street Parking and Loading, and Chapter 17.76 PTMC, Signs, shall apply to all uses, even if not noted in Table 17.20.020. C. Lighting Requirements in Commercial Zoning Districts. Where lighted signs and illuminated areas are permitted, such illuminating devices shall be shaded and directed so as not to provide glare toward any residential district (i.e., R-I, R-II, R-III, and R-IV). D. Incidental uses which are identified in this title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed as a miner ~ in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in Chapter 17.84 PTMC. (Ord. ~ § 15, 1999; Ord. 2571 § 2, 1997). SECTION 16 Table 17.20.020, "Commercial Zoning Districts -Permitted, Conditional and Prohibited Uses," Chapter 17.20, "COMMERCIAL ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Table 17.20.020 Commercial Zoning Districts - Permitted, Conditional and Prohibited Uses Bakeries, retail X Cc. nfecSzna~e: Confectioneries Drinking establishments (bars, cocktail lounges, night clubs, and taverns) Micro breweries X X X Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Same as above. Same as above. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." The manufacturing component within any micro brewery located within a mixed use zoning district must be subordinate and accessory to a primary retail use. TITLE 17 TEXT AMENDMENTS 24 Ord. Other food service establishments including coffee houses, delicatessens, ice cream parlors, juice bars etc. Restaurants with drive-in or drive- through service Restaurants without drive-in or drive-through Apparel and other related products manufacture and assembly Electrical and electronic goods manufacture and assembly Fuel storage facilities Furniture and fixtures manufacture and assembly Computer equipment manufacture and assembly Custom, art and craft work Medical and optic goods manufacture and assembly Printing, noncommercial Mini-storages and mini- warehouses Welding and fabrication Wholesaling Banks Business services TITLE 17 TEXT AMENDMENTS X X X X X X X X C X X X X X X 25 Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." A manufacturing component may be permitted within any such use, 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. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements"; Section 17.84.060 PTMC, "Additional approval criteria - Conditional uses in historic commercial structures." Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Same as above. Same as above. Same as above. Same as above. Same as above. Ord. Financial institutions Offices, business and professional Offices, government Offices, medical hospitals Amusement devices, up to five (5) Amusement parks or centers Arcade, game/vi~ec ~musement Art galleries alleys Health clubs, dance studios, martial arts studios Libraries Museum~ Recreation, commercial Stadiums, arenas and assembly halls Theaters, not including drive-ins Apartment houses Boarding houses (4 or fewer roomers) and lodging and rooming houses (5 or more roomers) Multi-family dwellings Owner/operator residences [esidential Treatment Facility X P C P X X X X X X X X X X X X X X Same as above. Same as above. as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Section 17.20.030 PTMC, "Commercial bulk, density and dimensional requirements"; and Chapter 17.36 PTMC, "Multifamily Development Standards." Same as above. Same as above. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements"; such uses shall only be allowed if clearly subordinate and accessory to a primary commercial use. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." TITLE 17 TEXT AMENDMENTS 26 Ord. Antique and gift sales C Same as above. Apparel and accessory stores X Same as above. Automobile sales and service X Same as above. establishments, new or used Boat sales and rentals X Same as above. Building materials, garden and X Same as above. farm supplies stores Convenience stores X Same as above. Plant nurseries, landscaping X Same as above. materials, greenhouses (commercial) Farmer's markets X Same as above. Flea markets X Same as above. Food stores and grocery stores X Same as above. Furniture, home furnishings, and X Same as above. appliance stores General merchandise stores X Same as above. Mobile, manUfaCtured and X Same as above. modular housing sales Motor vehicle sales X Same as above. Motor vehicle supply'stores X Same as above. Office supplies and equipment X Same as above. Pharmacies and medical supply P Same as above. stores Regional retail establishments ' X All uses permitted in the C-II district are permitted so long as the structure and use meet the definition for "regional retail." Specialty stores C § 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements" Hospitals X P § 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Preferred uses in this district are medical related. Massage clinic or center X P Same as above. Nursing, rest or convalescentX p Same as above. homes Offices, medical ~ ~ Same as above. TITLE 17 TEXT AMENDMENTS 27 Ord. Apartment hotels Bed and breakfast inns Hotels/Motels Lodging Houses Tourist Homes Child day care centers, child day care facilities, and preschools Funeral parlors and mortuaries Laundromats Laundry services Other personal services Automobile rental agencies Automobile towing services Automotive repair establishment, minor repair Car washes Catering establishments Equipment rental services, commercial Mini-storages and mini- warehouses Printing, commercial Radio and television studios (including recording studios) Schools, commercial Service stations, automotive and marine Servicing of personal apparel and equipment Small appliance repair shops Track, trailer and recreational vehicle rental TITLE 17 TEXT AMENDMENTS X X X X X X X X X X X X X X X X X X X X X X X 28 Same as above. Same as above. Same as above. Same as above. Same as above. Chapter 17.52 PTMC, "Day Care Facilities; and Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Ord. Electrical distribution substations Municipal improvements Offices, government Recycling facilities, minor Stormwater retention, detention, and treatment facilities X P P P P Same as above. Same as above. Same as above. Same as above. Same as above. Contractor offices Christmas tree sales Carnivals/circuses Outdoor art and craft sales Parking lot/sidewalk sales Rummage sales Swap meets Retail or service activities conducted out of temporary structures and/or trailers P P P P P P X P Chapter 17.60 PTMC, "Temporary Uses"; and Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Accessory buildings and structures Churches Conference Centers Docks and piers for pleasure craft Ferry landings Fraternal organizations Garage, public parking Personal wireless service facilities P X X X X X C N/A Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Refer to Ch. 17.78."Personal Wireless Service Facilities" for li~ of permitted, conditional, and prohibited uses and other substantive reoui'rements. TITLE 17 TEXT AMENDMENTS 29 Ord. Radi~ 0nd television e. nd z~er t ele~m"..nic~ticns towers C Satellite dishes, noncommercial. and antennae P (Ord. __ § 16. 1999; Ord. 2571 § 2, 1997). Such facilities are allowed in all zoning 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 Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission roles and regulations; r. ez Ch. Satellite dishes and antennae shall meet the requirements of § 17.20.030 PTMC, "Commercial bulk, dimension and density requirements," except as provided in applicable Federal Communications Commission roles and regu!at!cnz; zee Ck. !7.78 P2D.~.C. TITLE 17 TEXT AMENDMENTS 30 Ord. SECTION 17 Table 17.20.030, "Commercial Zoning Districts - Bulk, Dimensional and Density Requirements," Chapter 17.20, "COMMERCIAL ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Table 17.20.030 Commercial Zoning Districts - Bulk, Dimensional and Density Requirements Owner/operator Owner/operator Owner/operator Multi-family No residential residences allowed residences allowed residences allowed residences uses are allowed subject to the above commercial above commercial allowed above the in the C-IV requirements uses subject to the uses subject to the ground floor zoning district RESIDENTIAL below requirements below requirements REQUIREMENTS below MINIMUM LOT 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f. SIZE None None -1-~None None 45' except: 30' FRONT YARD with side or rear SETBACKS parking 5' except: none 10' except: 15', + 5' 10' except: 15', + 5' None, except: 10' 20' except: 1 when contiguous for each building for each building when contiguous additional foot for with another floor above 2 floor above 2 with an R-II or R- each foot of commercial zoning stories, when stories, when III zoning district building height district contiguous with an contiguous with an over 30' when R-I or R-II zoning R-I or R-II zoning abutting a REAR YARD district district residential zoning SETBACKS district 5' except: none No minimum on No minimum on Nene ~No 20' except: 1 when contiguous interior lot lines; 5' interior lot lines; 5' minimum on additional foot for with another minimum otherwise minimum interior lot lines: each foot of commercial zoning except: 10', + 5' for otherwise except: 5' minimum building height district each building floor 10', + 5' for each otherwise except; over 30' when above 2 stories, building floor 10'. + 5' for each abutting a when contiguous above 2 stories, building floor residential zoning with an R-I or R-II when contiguous above 2 stories, district zoning district with an R-I or R-II when contiguou~ SIDE YARD zoning district with an R-I or ]K- SETBACKS II zonin~ district MAXIMUM None 75,000 square feet None None None BUILDING SIZE MAXIMUM 2 stories, up to 35', 3 stories, up to 35', 3 stories, up to 35', 50' or as specified 45' BUILDING whichever is less whichever is less whichever is less i by 17.28 PTMC HEIGHT MAXIMUM 1 s.f. of gross floor 2 s.f. of gross floor 2 s.f. of gross floor 3 s.f. of gross 1 s.f. of gross FLOORAREA areaper2 s.f. of lot areaper 1 s.f. of lot areaper 1 s.f. of lot floor area per 1 floor area per 3 RATIO s.f. of lot s.f. of lot TITLE 17 TEXT AMENDMENTS 31 Ord. When abutting an When abutting an When abutting an When abutting an When abutting an R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning district, any permit district, any permit district, any permit district, any district, any application must be application must be application must be permit application permit application accompanied by accompanied by accompanied by must be must be landscape plans to landscape plans to landscape plans to accompanied by accompanied by obscure and limit obscure and limit obscure and limit landscape plans to landscape plans to GREENBELT access access access obscure and limit obscure and limit REQUIREMENTS access access Front = 4 Max. Front = 4 Max. Front = 4~ Max. Front = 4 Max. Front = 4' bldg. heieht blde. heieht at. lies blde. height bide. heieht Side = 8' aoolie__ s Side = Max. bide. aoolie~s avolie~ Rear = 8' Side = 8' excevt: heieht ar~olics Side = Max. bide. ~Max. bide. max. bide. beieht excent: 8' whena height applies h_ogllI.tpp.!~ aoolies whe~l side yard setback is exceot: 8' when a excent_ .' 8' whena abutting another reauired side yard setback is side yard setback ~ Rear = 8' reauired is require__.0~ district Rear = 8' Rear = Max. bide. Rear = 8' excevt: heieht aoolies max. blde. height exceot: 8' when a aovlies when rear yard setback ! ~ is reauired MAXIMUM FENCE ~ HEIGHT_* district * Note: Maximum fence heights anplv within any re~u~ ired front, side. or rear setback area or along the edge of any reauired yarg. (Ord. __. § 17, 1999; Ord. 2571 § 2, 1997). SECTION 18 Section 17.22.020, "Permitted, conditional and prohibited uses- Limitations on use," Chapter 17.22, "MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Section 17.22.020 Permitted, conditional and prohibited uses - Limitations on use. A. Table 17.22.020 identifies land uses in the marine-related and manufacturing zoning districts that are permitted outright (P), permitted in the M-II(A) and M-II(B) zoning districts if marine-related (M), subject to a conditional use permit (C), or prohibited (X). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table 176.22.020 are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited. Marine-related uses are the goods and services which are primarily intended to support boating, sailing, water sports, marine research, or similar water- oriented activities. B. Requirements for the uses identified in Table 17.22.020 which are contained within other provisions of this title are referenced under the heading "applicable regulations/notes," although this should not be construed as _i3 comprehensive listing of all provisions of this title which may apply to any given use. Specifically, the provisions of Chapter 17.72 PMC, Off-Street Parking and Loading, and 17.76 PTMC, Signs, shall apply to all uses, even if not noted in Table 17.22.020. TITLE 17 TEXT AMENDMENTS 32 Ord. C. Limitations on Use - Buffering Requirements. All sites in marine-related and manufacturing districts (i.e., M/C, M-I, M-II, M-II(A), M-II(B), and M-III) having a common boundary with residential districts (i.e., R-I, R-II, R-III, and R-IV) shall have planted and maintained along such common boundary a view-obscuring greenbelt of shrubs, trees and native vegetation, which will grow to not less than eight feet in height nor less than 10 feet in width within five years, for screening purposes and controlling access. D. Limitations on Use - General Requirements, Marine-related and manufacturing uses shall be subject to the following conditions: 1. Noise. In all marine-related and manufacturing districts (i.e., M/C, M-I, M-II, M-II(A), M-II(B), and M-III), the noise emanating from the premises used for marine- related and manufacturing activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and where any marine-related or manufacturing district adjoins a residential zoning district, the noise loudness measured at the boundary line shall not exceed 40 decibels between the hours of 11:30 p.m. and 6:00 a.m., and 60 decibels at other hours. 2. Light and Glare. Exterior lighting shall not be used in such a manner that produces glare on public streets or roads and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property. 3. Fire and Safety Hazards. a. The storage and handling of inflammable liquids, liquefied petroleum gases and explosives shall comply with rules and regulations falling under the jurisdiction of the city fire chief, the laws of the state and other local ordinances; b. Bulk storage of inflammable liquids below ground shall be permitted, and the tank shall be located not closer to the property line than the greatest dimension (diameter, length, or height) of the tank. 4. Interferences. Provisions must be made for necessary shielding or other preventatiVe measures against interferences occasioned by mechanical or electrical equipment, uses or processes with electrical apparatuses in nearby buildings or land uses. 5. Waste Products. Liquid and solid wastes, storage of animal or vegetable waste_s which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view from eye level from any property line in a marine- related or manufacturing district (i.e., M/C, M-I, M-II(A), M-II(B), and M-III). E. Incidental uses Which are identified in this title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed as a miner C-~ in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in Chapter 17.84 PTMC. (Ord. § 18, 1999; Ord. 2571 § 2, 1997). SECTION 19 Table 17.22.020, "Marine-Related and Manufacturing Zoning Districts - Permitted, Conditional and Prohibited Uses," Chapter 17.22, "MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: TITLE 17 TEXT AMENDMENTS 33 Ord. Table 17.22.020 Marine-Related and Manufacturing Districts - Permitted, Conditional and Prohibited Uses Apparel and other finished products manufacture and assembly Boat building and related products manufacture Building construction yards and offices occupying up to 10,000 s.f. total area Building construction yards and offices occupying more than 10,000 s.f. total area Computer equipment manufacture and assembly Custom, art and crafl work Electrical and electronic goods manufacture and assembly Food and beverage processing Freezer plants, food mills and fertilizer production Furniture and fmtures manufacture and assembly Heavy manufacturing not otherwise listed, provided such manufacturing is similar and not detrimental to other uses allowed in M-III Marine-related products manufacture, fabrication and assembly Metal products manufacture, fabrication and assembly Light manufacturing or processing not otherwise named Lumber and wood products processing Medical and optic and assembly M M P P X X X X X X M M M M X X X X M M X X P P M M M M X X X X Section 17.22.030 PTMC, "Marine- related and manufacturing bulk, dimensional and density requirements; Chapter 17.44 PTMC, "Commercial, and Marine-Related and Manufacturing Uses - Development Standards." Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. TITLE 17 TEXT AMENDMENTS 34 Ord. 7_~1 O0 Printing, noncommercial Rubber, plastic, and fiberglass products manufacturing Seafood processing Stone, clay, glass and concrete products manufacturing Transportation equipment manufacturing and assembly Welding and fabrication Automobile repair establishments, major repair, paint or body shop Boat repair establishments Bulk plant facilities Marine haulout facilities Automobile wrecking yards Janitorial services Laundry plants and dry cleaning plants Mechanical and electronic repair establishments Automobile towing services Child day care centers, child day care facilities, and oreschools Equipment rental service, commercial Marinas Marine supply and accessory stores, chandlers Retail sale of goods or products manufactured on the premises, or used in manufacturing, repairing, or servicing activities which are permitted in this district Wholesalin? of .eoods or products manufactured on the premises TITLE 17 TEXT AMENDMENTS X X M M P C X X M M M M X X P P X X P P X X X X X X M M X X M M P P P P M M 35 Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Chaoter 17.52 PTMC. "Day Care Faci~lities": and Section 17.22.030 PTMC. "Marine-related and manufacturine bulk, dimensional and density, requi;ement~," Same as above. Same as above. Same as above. Same as above. Same as above. Ord. ,~,q0~ Bakeries. retail Confectioneries Drinking establishments (bar~, cocktail lounges, night clubs, and taverns) Micro breweries Other food service establishments including coffee hous¢~, delicatessens, ice cream parlors, juice bars. Restaurants with drive-in or drive through service Restaurants without drive-in or drive- throueh service Residential quarters as an accessory use (i.e., guard's quarters in large establishments, where such quarters are customarily provided for security and/or insurability of the premises) G G x x x x x x x x c c P P Fac!!!Se:"; and Section !7.22.030 PTMC, "Ma~c:z re!atz~ and No foOd service uses located within Marine-Related and Manufacturim, Districts may exceed 1.500 total No food service uses located within Marine-Related and Manufacturing Districts may exceed 1.500 total square feet of floor space. Section 17.22.030 PTMC, "Marine- related and manufacturing bulk, dimensional and density requirements." Offices, business and professional M M Section 17.22.030 PTMC, "Marine- related and manufacturing bulk, dimensional and density requirements; and Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." TITLE 17 TEXT AMENDMENTS 36 Ord. Offices, government Airports and heliports Correctional facilities Electrical distribution substations Municipal improvements Other facilities designated as essential public facilities by the Washington State Office of Financial Management M M C C X X X P P C C Examples of marine-related government offices include: U.S. Coast Guard and the Port of Port Townsend; Section 17.22.030 PTMC, "Marine-related and manufacturing bulk, dimensional and density requirements; Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." "Airports" are considered an "essential public facility" under RCW 36.70A.200; "... their siting cannot be precluded by development regulations..."; Section 17.22.030 PTMC, "Marine-related and manufacturing bulk, dimensional and density requirements; Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." Same as above. Section 17.22.030 PTMC, "Marine- related and manufacturing bulk, dimensional and density requirements; and Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." Same as above. Under RCW 36.70A.200, the siting of "essential public facilities" "... cannot be precluded by development regulations ..."; Section 17.22.030 PTMC, "Marine-related and manufacturing bulk, dimensional and density requirements; Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." TITLE 17 TEXT AMENDMENTS 37 Ord. Recycling facilities, minor State or regional transportation facilities Stormwater retention, detention, and treatment facilities Solid waste handling facilities, including major recycling facilities Water and wastewater treatment facilities Boat storage facilities TITLE 17 TEXT AMENDMENTS 38 P P C C P P X X C C P P Section 17.22.030 PTMC, "Marine- related and manufacturing bulk, dimensional and density requirements; and Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." "State and regional transportation facilities" are considered "essential public facilities" under RCW 36.70A.200; "... their siting cannot be precluded by development regulations..."; Section 17.22.030 PTMC, "Marine-related and manufacturing bulk, dimensional and density requirements; Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." Section 17.22.030 PTMC, "Marine- related and manufacturing bulk, dimensional and density requirements; and Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." "Solid waste handling facilities" are considered an "essential public facility" under RCW 36.70A.200; "... their siting cannot be precluded by development regulations..."; Section 17.22.030 PTMC, "Marine-related and manufacturing bulk, dimensional and density requirements; Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." Section 17.22.030 PTMC, "Marine- related and manufacturing bulk, dimensional and density requirements; and Chapter 17.44 PTMC, "Commercial, and Marine- Related and Manufacturing Uses - Development Standards." Same as above. Ord. Freight distribution centers Mini-storage and mini-warehouse facilities Warehousing operations Ferry landings Docks and piers for pleasure craft Accessory buildings and structures Garages, public parking Personal wireless service facilitie~ X X X X X X Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Refer to Ch. 17.78."Persgnol Radio;, and television ~-':d z~zr te!ez.~'r:~.!c=t!c~ng towers Satellite dishes, noncommercial, and antennae (Ord. § 19, 1999; Ord. 2571 § 2, 1997). C C P P P P C C N/A N/A C C P P Wireless Service Facilities" for li~t of t~ermitted, conditional, and prohibited uses and other substantive Section 17.22.030 PTMC. "Mitrille- related and manufacturing bulk, dimensional and density reouirements:, and Chapter 17,44 PTMC. "Commercial. and Marine- Related and Manufacturing Uses - Develonment Standards."Same :s ~' ..... except as provided in applicable Federal Communications Commission rules and regulations, Satellite dishes and antennae shall meet the requirements of § 17.22.030 PTMC, "Marine-related and manufacturing bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission rules and regulations; see Ch. 17.78 ?TMC. TITLE 17 TEXT AMENDMENTS 39 Ord. SECTION 20 Table 17.22.030, "Marine-Related and Manufacturing Zoning Districts - Bulk, Dimensional and Density Requirements," of Chapter 17.22, "MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Table 17.22.030 Marine-Related and Manufacturing Zoning Districts - Bulk, Dimensional and Density Requirements MINIMUM LOT SIZE 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f. MINIMUM FRONT 10' 10' None 40~ None 20' YARD SETBACKS MINIMUM REAR 10' 10' None None 20' YARD SETBACKS MINIMUM SIDE YARD 5' each side 5' each side None None 15' each side SETBACKS MAXIMUM BUILDING 35' 35' 50' 35' 50' HEIGHT 2 s.f. of gross 2 s.f. of gross2 s.f. of gross2 s.f. of gross 1 s.f. of gross MAXIMUM FLOOR floor area per 1 floor area per floor area per floor area per floor area per AREA RATIO s.f. of lot 1 s.f. of lot 1 s.f. of lot 1 s.f. of lot 1 s.f. of lot Front = 4! 8' Front = 42 8' Front - ! O' Front -~' Front = 10' Side = 8' Side = 8' ~ ~ Side = 10' Rear = 8' Rear = 8' ~ ~ Rear = 10' MAXIMUM FENCE ~ ~ HEIGHT_* htigh.t_ap, pJi~ height aoolies * Note: Maximum fence heights apply within any required from. side. or rear setback area or along the edge of any required yard, (Ord.__ § 20, 1999; Ord. 2571 § 2, 1997). SECTION 21 Section 17.24.010, "Purposes," Chapter 17.24, "PUBLIC, PARK AND OPEN SPACE ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: 17.24.010 Purposes. A. The general purposes of the public, park, and open space districts are as follows: 1. To provide opportunities for existing and future outdoor recreational activities; 2. To preserve scenic qualities and resources and provide contrasts to the built environment; 3. To protect environmentally sensitive areas; 4. To provide adequate opportunities for location of existing and future public utilities, facilities, and services; 5. To preserve the function, capacity, and water quality of the city's stormwater drainage system; TITLE 17 TEXT AMENDMENTS 40 Ord. B. The specific purposes of each individual public, park, and open space district are as follows: 1. P/OS(A) - Existing Park and Open Space. This district has been applied to existing city, county, and state-owned parks, recreation areas, and city-owned or controlled lands which provide valuable natural and open space functions. 2. P/OS(B)- Mixed Public/Infrastructure/Open Space. This district occurs on lands used to provide public utilities, facilities, and services which also provide valuable natural and open space functions. Allowed uses include stormwater detention facilities and wastewater treatment facilities. 3. P-I - Public/Infrastructure. ~ This district occurs on lands used to provide public utilities, facilities, and services. Allowed uses include, schools, libraries, public utilities, and government buildings. (Ord. ~ § 21, 1999; Ord. 2571 § 2, 1997). SECTION 22 Section 17.24.020, "Permitted, conditional and prohibited uses," Chapter 17.24, "PUBLIC, PARK AND OPEN SPACE ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: 17.24.020 Permitted, conditional and prohibited uses. A. Table 17.24.020 identifies land uses in the public, park and open space zoning districts that are permitted outright (P), subject to a conditional use permit (C), or prohibited (X). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table 17.24.020 are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited. B. Requirements for the uses identified in Table 17.24.020 which are contained within other provisions of this title are referenced under the heading "applicable regulations/notes," although this should not be construed as a comprehensive listing of all provisions of this title which may apply to any given use. Specifically, the provisions of Chapter 17.72 PTMC, Off-Street Parking and Loading, and Chapter 17.76 PTMC, Signs, shall apply to all uses, even if not noted in Table 17.22.020. C. Incidental uses which are identified in this title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed as a miner ~ in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in Chapter 17.84 PTMC. (Ord. ~ § 22, 1999; Ord. 2571 § 2, 1997). TITLE 17 TEXT AMENDMENTS 41 Ord. SECTION 23 Table 17.24.020, "Public, Park and Open Space Zoning Districts -Permitted, Conditional and Prohibited Uses," Chapter 17.24, "PUBLIC, PARK AND OPEN SPACE ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Table 17.24.020 Public, Park and Open Space Zoning Districts - Permitted, Conditional and Prohibited Uses Camp~ounds. public Community centers Community gardens Conference centers Fairgrounds Golf courses and driving ranges Libraries Museums Open spaces and trails P C C C P P C C X X C XC X X C X P P Parks P P Recreation areas P P Recreation facilities C X Recreational vehicle P C oarks, oublic Stadiums, arenas and assembly halls C X Swimming pools C X TITLE 17 TEXT AMENDMENTS 42 Section 17.24.030 PTMC. "Public, park and ooen soace bulk. dimensional and density reouirements." 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." N/A Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Same as above. Same as above. Same as above. Same as above. N/A N/A N/A Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Same as abow, Same as above. Same as above. Ord. Zoos C X Same as above. Airports and landing fields Bus and transit storage and maintenance facilities Correctional facilities (jails and prisons) Electrical distribution substations and power generating facilities Institutions, educational Municipal improvements Offices, government including public buildings and public facilities Other facilities designated as essential public facilities by the Washington State Office of Financial Management X X X X X X X X C X P P C C X X "Airports" are considered an "essential public facility" under RCW 36.70A.200; "... their siting cannot be precluded by development regulations..." Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." "Correctional facilities" are considered an "essential public facility" under RCW 36.70A.200; "... their siting cannot be precluded by development regulations..." Same as above. Same as above. Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Same as above. The siting of "essential public facilities" cannot be precluded by development regulations under RCW 36.70A.200. TITLE 17 TEXT AMENDMENTS 43 Ord. Schools, public X X Solid waste facilities, including major recycling facilities X C Stormwater retention, detention, and treatment facilities Water and wastewater facilities (pump stations, treatment plants, water towers) "Public schools" are considered an "essential public facility" under RCW 36.70A.200; "... their siting cannot be precluded by development regulations..."; Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." "Solid waste handling facilities" are considered an "essential public facility" under RCW 36.70A.200; "... their siting cannot be precluded by development regulations..." Docks and piers for pleasure craft Cemeteries, crematoriums and mausoleums Emergency shelters Ferry landings Hospitals Personal wireless servic~ facilities P P N/A P P P X C C X C X X N/A TITLE 17 TEXT AMENDMENTS 44 X X N/A Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Such facilities require compliance with the Shoreline Master Program. Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Same as above. Such facilities required compliance with the Shoreline Master Program; Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Refer to Ch. 17.78 PTMC. "Personal Wirele?.q Service Facilities for list ofpermitted~ conditional and prohibited uses and other substantive requirements, Ord. Radio,, and television towers ~ C C Recycling facilities, X C minor Satellite dishes. P P noncommercial, and antennae Such facilities are allowed in all zonine districts subject to the conditional use permit reauirements of Ch. 17.84 PTMC: however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District: and § 17.24.030 PTMC, "Public. park and open space bulk. dimensional and density requirements." except as provided in applicable Federal Communications Commission rules and reeulations. ~ Section 17.24.030 PTMC, "Public. park and open space bltlk. dimensional and density, requirements." Satellite dishes and antennae shall meet the requirements of 17.24.030 PTMC. "Public, park and open space bulk. dimensional and densi ,ty requirements." except as provided in applicable Fedearl Communications commission rules. Accessory buildings and P P structures Public parking garages X C P ia Satellite dish.er, and (Ord. § 23, 1999; Ord. 2571 § 2, 1997). Section 17.24.030 PTMC, "Public, park and open space bulk, dimensional and density requirements." Same as above. TITLE 17 TEXT AMENDMENTS 45 Ord. SECTION 24 Table 17.24.030, "Public, Park and Open Space Zoning Districts - Bulk, Dimensional and Density Requirements," Chapter 17.24, "PUBLIC, PARK AND OPEN SPACE ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows: Table 17.24.030 Public, Park and Open Space Zoning Districts - Bulk, Dimensional and Density Requirements MINIMUM LOT SIZE None None None 20' exceot: none 5~n' 20' extent: none 20' extent: none when eonti~uo~us with when contieuou.=___~s when contieuou~ a mixed use or with a mixed use or with a mixed use or MINIMUM FRONT commercial zonin___~e commercial zonillg commercial zoning YARD SETBACKS district district district 10' except: none !99'~10' except: none 10' except: none when contieuous with when contieuous when conti~uous a mixeduse or with a mixed use or with a mixed use or MINIMUM REAR commercial zonine commercial zonin~ commercial zonine YARD SETBACKS district district district 10' except: none !99' 10' exc~t: none 10' except: none when conti~uous with when conti~uous when conti~uous a mixed use o-~~~-"[-'- with a mixed use or with a mixeduse or MINIMUM SIDE commercial zoning commercial zoning commercial zonin2 YARD SETBACKS district district district MAXIMUM BUILDING HEIGHT 35' 35' 50' MAXIMUM FLOOR 1 s.f. of gross floor 1 s.f. of gross floor 3 s.f. of gross floor AREA RATIO area per 10 s.f. of lot area per 10 s.f. of lot area per 10 s.f. of lot When abuttin~ an R-I When abuttine an R- When abuttine an R- district, any t~ermi~t district, anv_...____nermit district, any r~ermi~t application must be ant~lication must b_._.~___~~e application must b~ accompanied by ar, r,.0.algaair, lL~ accompanied by landscane nlans t~o landscane t~lans to landscar>eulanstO ~ obscure and limit obscure and limit obscure and limit REQUIREMENTS access access access TITLE 17 TEXT AMENDMENTS 46 Ord. ~,'~oO Front = 4' excer>t: Front = 10' excem: Front = 10' exceot: max. bld~,, heieh----~ max. blde. heie[t max. bldg. height applies if no front applies if no front aor>lies if no front yard setback ar>olies yard setback aor>lies yard setback ar>olies Side = 8' exert: Side = 10' excem: Side = 10' excer>t: max. bldg. height max. blde. hei~h,~..__~_~t max. bld,e, height aoolies if no front aor>lies if no front ar>olies if no front yard setback applies yard setback applies yard setback applies Rear = 8' except: Rear = 10' exceot: Rear = 10' excer>t: max. bldg. hei~h~t max. bldg. height max. blde. heieht MAXIMUM FENCE applies if no front ar>plies if*no frorl~ applies if*no frorlt HEIGHT_* yard setback applies yard setback applie~ yard setback applie~ * Note: Maximum fence heiehts aoply to fences, walls and arbors and other partially or totally sight obscurine installations located within al~Y reouired front, side. or rear setback area or alon~ the edge ofanv reouired yard, (Ord. § 24, 1999; Ord. 25~1 § :~, 1997)[ SECTION 25 Section 17.32.130, "Modifications to an approved PUD," Chapter 17.32, "PLANNED UNIT DEVELOPMENTS," of the Port Townsend Municipal Code is repealed and replaced as follows: 17.32.130 Modifications to an approved PUD. TITLE 17 TEXT AMENDMENTS 47 Ord. %~10 C) ,f,,~ A. Minor modifications to a nreviouslv aonroved nreliminarv PUD may be reauested by the applicant and approved bv the BCD Direc(or ~bject t~ the orovi~ions for T~we I d~cisions in Chapter 20.01 PTMC. However. minor modifications shall unfier no circumstances include; 1. Substantial modification or relocation of a lot. tract or parcel boundary line or the location or relocation of a street' 2. A reduction in any perimeter setback' 3. An increase in the residential density or .m'oss floor area of the project: 4. A reduction of the area set aside for common open space: 5. Any relocation of the area set aside for common open stance in a manner which makes it less accessible or usable to the public or the occunants of the develor~ment: 6. Any change in the landscane buffers res'ultin~ in a reducti0h in width or densi .ty of planting between the development anal adjoining propert'ie~' 7. A substantial change in the points of access, including any change to a different street; 8. A substantial increase in the total mound area covered bv buildings or othc, r impervious surfaces; ' ~ 9. Removal of trees or modification to other unioue natural features that were required to be preserved under the conditions of the preliminary P~I) am~roval: or 10. Any change that imnairs or reduces the potential oi~he PUD to provide affordable Or low income housin~ opportunities, if affordable housin~ is identified as a goal or requiremellt under the conditions of the oreliminarv PUD atmroval. B. Before approvin~ a [ninor motiifieation: ~the BCD Director shall make written findings and conclusions that the following exist: 1. The modification will not violate the terms and a~reements of the PUD approval and the intent of the original conditions of annroval is not alterec[ 2. The motiifieation will not ea[].~e the PUD to violate any applicable City policy or 3. The modification will not be inconsistent or cause the nreliminarv PUD to be inconsistent with the decision of the ei~ preliminarilv ant)rovin~ [he anplie~tion. C. Modifications that involve any of the actions ]ist'e'd in su~sectit~n (A~(l~ throm, h (10~. or which fail to satis~ the required findings contained in subsection (B). ab0v~ ~hall b~t~r0ce*ssed as a new PUD application. (Ord. ~ § 25, 1999; Ord, 2571 § 2, 1997). TITLE 17 TEXT AMENDMENTS 48 Ord. SECTION 26 Section 17.56.050, "Ineligible activities,". Chapter 17.56, "HOME OCCUPATIONS," of the Port Townsend Municipal Code is hereby amended as follows: 17.56.050 Ineligible activities. The following activities are not eligible for a home occupation permit because of their incompatibility with the maintenance of residential neighborhood character: A. Retail activities, except for merchandise crafted on-site or items clearly accessory to a service (e.g., sales of paintings, crafts or art work, and sales of hair care products incident to a beauty salon); Chapter 17.16 C. D. E. a nature that is Stables, kennels, animal husbandry or farming activities except as provided in PTMC; Vehicle repair, automobile detailing or automobile servicing activities; Any activities involving more than five customer or business visits per day; and similar to those listed in this section or which creates imoacts on the surroundine neiehborhood (Ord. similar to those created by the uses listed in this section. 26, 1999; Ord. 2571 § 2, t997). SECTION 27 Section 17.56.060, "Minimum standards," Chapter 17.56, "HOME OCCUPATIONS," of the Port Townsend Municipal Code is hereby amended as follows: 17.56.060 Minimum standards. Every home occupation shall meet all of the following minimum standards: A. NO variation from the residential character of the dwelling or neighborhood shall be permitted, and no physical change shall be made to the exterior of the structure solely to accommodate the home occupation; B. All activities shall be conducted entirely within the principal or accessory structure; C. Maximum floor area devoted to the home occupation shall not exceed fifty percent (50%) of the floor area, or eight hundred square feet (800 sq. ft.), whichever is less; D. There shall be no outside display of any goods or material associated with the home occupation; E. Except for the purchase of merchandise crafted on site or items clearly accessory to a service (e.g., paintings, crafts or artwork, and hair care products incident to a beauty salon) no retail customers shall visit the home premises at any time; F. There shall be no business visits or nonresident worker arrivals or departures permitted before 8:00 a.m. or after 9:00 p.m.; G. One sign identifying the home business shall be permitted, which shall be no larger than three square feet (3 sq. ft.) in size, without illumination, and mounted flat to the main wall oft-he ~ either the principal or accessory structure; ? H. Except for three (3) nonresident workers, and except for occasional visits by business associates and outside service providers, persons who do not reside on the premises shall be prohibited from working at the home occupation; TITLE 17 TEXT AMENDMENTS 49 Ord. I. Materials, goods or commodities shall be delivered to or from the home occupation only from 8:00 a.m. to 6:00 p.m. Monday through Friday; track delivery or pick-up not common to a residential dwelling is not allowed; J. No more than one worker vehicle may be parked on-street, and under no circumstances shall parking for the home occupation cause traffic hazards or parking problems on adjacent rights-of-way; K. Heavy equipment, large power tools or noise or power sources not compatible with residential areas shall not be allowed, and no electrical or other similar interference shall be perceptible beyond the property boundary; L. No production, generation of any hazardous substance, or storage of any hazardous waste shall be permitted; and, M. The home occupation shall comply with all other applicable requirements contained within the Port Townsend Municipal Code. (Ord. ~ § 27, 1999; Ord. 2571 § 2, 1997). SECTION 28 Section 17.76.040, "Residential districts (R-I, R-II, R-III and R-IV)," Chapter 17.76 "SIGNS," of the Port Townsend Municipal Code is hereby amended as follows: 17.76.040 Residential districts (R-I, R-II, R-III and R-IV). In addition to the other applicable provisions of this chapter, the following regulations also apply in each residential zoning district (i.e., R-I, R-II, R-III and R-IV): A. Total Allowable Sign Area. 1. Each residential building is allowed one permanent, wall-mounted, identification sign per street frontage and one temporary yard sign and each such sign may not exceed three square feet in sign area. No sign permit is required for either sign. 2. Each multifamily complex, subdivision or nonresidential use permitted outright or by conditional use permit in residential zones is allowed 24 square feet of sign area. o~,.~ ....... .~,c--+ ;_..~ o-e~- ~; ..... .~,~,.. Consistent with Chanter 17.56 PTMC. home occunations are allowed one sien. which shall be no larger than three sauare feet in size. without illumination, and mounted flat to either the nrincinal or accessory structure. 4. Government buildings, schools, and churches are allowed one identification sign not to exceed 16 square feet and one reader-board sign not to exceed 24 square feet. B. Maximum sign height is five feet. C. Freestanding Signs. 1. Permanent freestanding signs must be monument signs or pole signs mounted on two poles placed at the outermost sides of the sign face; 2. Temporary yard signs may be displayed for up to 15 days and may be mounted on a single pole or stake. Exceptions: a. Garage or rummage sale signs pursuant to Article III of this chapter, Special Category Signs; b. Real estate and political signs pursuant to PTMC 17.76.070; TITLE 17 TEXT AMENDMENTS 50 Ord. 3. Freestanding signs must be set back at least five feet inside property lines,~_ Excention: The director is authorized to Dermit altemate placement of freestandin~ signs,_ when meetin~ the five foot setback requirement woul~l; a. NecesSitate the removal of mature landscaDing: or b. Reauire Dlacement of the sima in a location so obscured from view, due to tonom'aDhic or other site-related constraints, that the DUrOose of the sitmage is defeated. Notwithstandin~ this exception, the director shall not allow the placement of any freestanding sima that would Dose a hazard to pedestrian or vehicular traffic safety or interfere~wit'h intersection clear vision areas. 4. No other pole signs, portable, sandwich board, sidewalk or other freestanding signs are allowed. D. Off-premises signs are not permitted. Exception: Signs authorized to be erected off-premises pursuant to PTMC 17.76.100, Special category signs. E. Illuminated Signs. Only indirect lighting is permitted. Additional requirements: a. Light fixtures shall be shielded to ensure that the light source is not directly visible off-site; and Un~er no circumstances may si~ illumination pose a hazard tO pedestrian or vehicular traffic safety. (Ord. ~ § 28, 1999; Ord. 2571 § 2, 1997). SECTION 29 Section 17.78.010, "Purpose, policy, goals and interpretation," Chapter 17.78 "PERSONAL WIRELESS SERVICE FACILITIES," of the Port Townsend Municipal Code is hereby amended as follows: 17.78.010 Purpose, policy, goals and interpretation. A. Purpose. This chapter is designed to provide opportunities for the community to be served by personal wireless service facilities, consistent with the rights of personal wireless service providers as set forth in the Federal Telecommunications Act of 1996 (Pub. L. No. ! 04 ~t~,.~, !~n... ~,~,..~e*~*~ 55, ~ ~. ~36,. 110 Stat. 56: S. Rep.. No. 104-23 (1995~:. . H. Rep. No. 104-204 (1995), codified at 47 U.S.C. 332(c)), hereinafter referred to as the "Telecommunications Act" or "the Act", while at the same time providing for an orderly development of the city and protecting the health, safety, and general welfare of the city's residents and property owners. B. Policy - Preservation of the Character of City. In addition to serving the general purposes of the Port Townsend Comprehensive Plan and zoning code, a primary objective of this chapter is to preserve the existing visual and aesthetic character of the city and its neighborhoods, as well as to minimize noise impacts generated by personal wireless service facilities. Preserving the visual and aesthetic character of the city includes the protection of viewscapes, scenic resources, state and locally registered historic buildings and structures, and the unique rural and natural characteristics of many areas of the city. The visual and aesthetic character of the city is particularly critical in Port Townsend since the city derives much of its economic health due to its distinctive beauty and status as a historic Victorian seaport, federally recognized in the National Register of Historic Places. Preserving the character of the city also includes limiting the intrusion of noise, visual and aesthetic impacts associated with commercial uses into residential neighborhoods. TITLE 17 TEXT AMENDMENTS 51 Ord. C. Intent and Interpretation. These standards are designed to comply with the Telecommunications Act. The provisions of this chapter shall not be interpreted to prohibit, or to have the effect of prohibiting, telecommunications or personal wireless services, television broadcast signals, multichannel multi-point distribution services or direct broadcast satellite services, or to unreasonably discriminate among providers of functionally equivalent services. D. Inconsistencies with Other City Regulations. To the extent that any provision of this chapter directly conflicts with any other city ordinance, this chapter shall control. In all other regards, this chapter shall be construed consistently with all other city ordinances, regulations and functional plans. E. Goals. The goals of this chapter shall be to: 1. Establish development regulations consistent with and implementing the Port Townsend Comprehensive Plan, as adopted in July of 1996 or later amended; 2. Provide locations for locating personal wireless service facilities; 3. Encourage the location of personal wireless service facilities at the preferred locations identified in this chapter; 4. Facilitate the provision of personal wireless service facilities and infrastructure to serve city residents or others when in the city; 5. Encourage the use of appropriate and new technology so as to minimize adverse environmental, noise, and visual impacts; 6. Encourage the location of personal wireless service facilities upon existing structures in identified commercial, industrial, marine and public/infrastructure zoning districts in such a manner that, whenever feasible, the personal wireless service facilities are integrated, or appear to be integrated into the structure; 7. Establish standards for personal wireless service facilities to mitigate the visual and noise impacts associated with those facilities; 8. Preserve the unique residential character of the city, by disallowing the placement of personal wireless service facilities in residential zones, except for certain defined low power licensed and unlicensed facilities which would have no appreciable impact on residential neighborhoods; 9. Preserve the aesthetic character of the city by encouraging creative and cooperative approaches to locating wireless communication facilities so that such facilities will be compatible with their surroundings; 10. Where technologically feasible, encourage and facilitate co-location of antennas, support structures and related equipment for wireless communication providers, public service telecommunications, and emergency service telecommunications; 11. Require prompt removal of abandoned facilities; and 12. Encourage the development of personal wireless service facilities on a competitively neutral basis; and 13. Require measurement of baseline noise and RF emissions at personal wireless service facilities, and monitoring of new installations to demonstrate compliance with this ordinance and FCC standards. (Ord. § 29, 1999; Ord. 2571 § 2, 1997). TITLE 17 TEXT AMENDMENTS 52 Ord.~00 SECTION 30 Section 17.78.030, "Definitions," Chapter 17.78, "PERSONAL WIRELESS SERVICE FACILITIES," of the Port Townsend Municipal Code is hereby amended as follows: 17.78.030 Definitions. ~ The words used in this chapter shall have the meaning given in ............................. , er 17.08 , ~ now or later ~ended, The deflation of~y word or p~ase not listed in *~2: :eet~zn zr in Chapter 17.08 which is in question when ~iniStefing this chapter shall be defined ~om one of the following sources. The so~ces shall be utilized by finding the desired definition ~om source nmber one, but if it is not available there, then so,ce nmber ~o may be used ~d so on. The so~ces are ~ follows: The 1996 Telecommunications Act and the implememing FCC regulations; Any city of Port Townsend resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master plan or program or other formally adopted land use plan; Any statute or regulation of the state of Washington; Legal definitions from Washington common law or a law dictionary; The common dictionary. TITLE 17 TEXT AMENDMENTS 53 Ord. TITLE 17 TEXT AMENDMENTS 54 Ord. TITLE 17 TEXT AMENDMENTS 55 Ord. TITLE 17 TEXT AMENDMENTS 56 (Ord.__ § 30, 1999; Ord. 2680 § 2, 1999; Ord. 2571 § 2, 1997). SECTION 31 Section 17.88.030, "Nonconforming lots - Consolidation," Chapter 17.88 "NONCONFORMING LOTS, STRUCTURES AND USES," of the Port Townsend Municipal Code is hereby amended as follOWS: 17.88.020 Nonconforming lots - Consolidation. Lots of record in existence prior to the effective date of this title and any amendments thereto which do not meet the requirements set forth in this title are considered nonconforming lots of record and are legally buildable subject to the following conditions: A. Consolidation clause. Where two or more contiguous...._.~....~.~.c~-"~:-~_._.~ lots of record are under one ownership and one or more of the lots is nonconformirLe, they are considered to be consolidated and may not be sold or otherwise separated so as to create any resulting nonconforming lots; ..... :'~ ~'., ......... ... * .... _..v.c ..... ~.lv~ .... ....~ .......-..~... c~^,~ c.... ,,, ........ ]. ~ ~s~c~. sale o~ co,~?~cc of a ~o~co,~o~,~ lot o~ lots ~o~ thc p~os~ o~ To~s~,~: that ~s co,fi~uous w~th ~othc~ ~]]v ~c]o~c~ lot ~ thc s~c o~TshJ~, co~o~;n~ or nonconfo~n~.. PRO~ED that ~o~ lots were ~llv~ developed. .°d°r to April 11, 1997. ~d PROVIDED F~THER. that before ~y such ~angfer. sale or convev~ce., the improvement~ se~ing both lots must be fo~d to be consistent with the city's en~ineefin$ desi~ star,ds, ~ may be mended, 5. ~v ~sfer. sale or convev~ee ofa nonconfoming lot that is contieuous with ~other lot ~der ~e sine ownershin, eonfomine or nonconfoming, that w~ ever held as a sep~ate lot in sep~ate omership p~or to April 1~. 1997. PROV~ED that before ~y such ~sfer. sale or convev~ee, the imnrovments semin~ both lots must be fo~d to be consistent with the ci~'s en~ineefin~ desi~ st~dards, as may be amended__ TITLE 17 TEXT AMENDMENTS 57 Ord. g C. On-site sewerage disnosal. Under the limited circumstances where construction is permitted without connection to the city's wastewater treatment facility (pursuant to Chapter 13.22 PTMC, SeWer Connections), all lots must be in compliance with the rules and regulations of the Jefferson County Health Department, regarding on-site sewerage disposal to be legally buildable. Where there is a conflict between the provisions of this section and the rules of the Jefferson County Health Department, the more restrictive rules shall apply. G I2). Compliance with bulk and dimensional requirements and en$ineering desi? standards. All new structures or additions to structures on any lot must meet all setback, height and other construction requirements for the zone in which the property is located. Additionally, the permit applicant shall comply with all applicable engineering design standards. t~ _. Lot line adjustments and restrictive covenants. A lot line adjustment or restrictive covenant approved by the city shall be required prior to issuance of a building permit when a nonconforming and conforming lot are contiguous and owned by the same person. t3_F_. Planned unit developments encouraged. Where nonconforming lots are under one ownership, the owner is encouraged to seek development approval taking advantage of the flexible standards, incentives and procedures set forth in Chapter 17.32 PTMC, Planned Unit Developments. t~ ____. Lots created before 1937. Notwithstanding this section, for any lots created bY platting prior to 1937 (the effective date of the State Subdivision Act, RCW 58.17), the city may require compliance with RCW 58.17 and Title 18 PTMC prior to issuing building permits for the development of lots in common ownership. The applicant shall comply with the requirements of Chapter 18.18 PTMC, Subdivision and Recognition of Lots of Record. (Ord. ~ § 31, 1999; Ord. 2571 § 2, 1997). SECTION 32 Section 17.88.030, "Nonconforming structures," Chapter 17.88, "NONCONFORMING LOTS, STRUCTURES AND USES," of the Port Townsend Municipal Code is hereby amended as follows: 17.88.030 Nonconforming structures. A structure that lawfully existed prior to the effective date of the ordinance codified this title and does not meet the applicable bulk, dimensional and density requirements is a nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the zoning district in which it is located. A nonconforming structure may be maintained as follows: A. A nonconforming structure which is damaged to an extent of one-half or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this title. However, any residential structure, including multifamily structure, in a residential zoning district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement and density. Structural repair shall be complete within two years after the catastrophe. B. Necessary repairs and alterations may be made to nonconforming residential structures, including multifamily structures, located in residential zoning districts. C. A nonconforming building or structure may be repaired and maintained as provided in and as limited by this section. The maintenance of such building or structure shall include only necessary repairs and incidental alterations, which alterations, however, shall not TITLE 17 TEXT AMENDMENTS 58 Ord. extend the nonconforming of such building or structure; provided, that necessary alterations may be made as required by other law or ordinance. D. Changes to interior partitions or other nonstmctural improvements and repairs may be made to nonconforming commercial, mixed use, and marine-related and manufacturing structures; provided, that the cost of the desired improvement or repair does not exceed one-half of the replacement cost of the nonconforming structure over any consecutive five-year period. E. The replacement cost of a structure shall be determined by the director of the building and community development department. F. A building or structure, nonconforming as to bulk. dimensional and density requirements of this title, may be added to or enlarged if such addition or enlargement conforms to the regulations of the district in which it is located. In such case, such addition or enlargement shall be treated as a separate building or structure in determining conformity to all of the requirements of this title. G. Historic Structures. Reserved. (Ord. ~ § 32, 1999; Ord. 2571 § 2, 1997). SECTION 33 TRANSMITTAL TO DCTED The City Clerk shall transmit a copy of this Ordinance to the State Department of Community, Trade and Economic Development (DCTED) within ten (10) days of adoption of this ordinance. SECTION 34 CODIFICATION OF AMENDMENTS 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 35 EFFECTIVE DATE This ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. SECTION 36 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 nay 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. TITLE 17 TEXT AMENDMENTS 59 Ord. 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 __ day of ., 1999. By Forrest Rambo, Mayor ATTEST: Approved as to form: Adopted: Pamela K/olacy, Ci / yn~y ~ i¥ c~ Ci[~ Xttomey ,1999 Publication: i,~'~ ~oO ,1999 Effective: ~-"/~ Ch/ ~' ,1999 Transmitted to DCTED: ~'~ [-~ ,1999 Ordinance No.: Z"7~ o TITLE 17 TEXT AMENDMENTS 60 Ord.