HomeMy WebLinkAbout3035 Various PTMC AmendmentsOrdinance 3035
2009 PTMC Amendments
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Ordinance No. 3035
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT
TOWNSEND MUNICIPAL CODE
CLARIFYING THE NOISE EXEMPTION HOURS FOR WORK IN THE PUBLIC
RIGHT-OF-WAY;
REVISING THE DEFINITIONS OF ACCESSORY BUILDING, ALTERATION,
COMMUNITY CLUBHOUSE, DRIVE-IN OR DRIVE-THROUGH FACILITIES,
HOTEL AND TRANSIENT ACCOMMODATION; CREATING A NEW DEFINITION
FOR HOSTEL AND ALLOWING THEIR LOCATION SIMILAR TO HOTELS;
CREATING A DEFINITION FOR COTTAGE HOUSING AND FAIRGROUNDS;
CREATING NEW DEFINITIONS AND LOCATION CRITERIA FOR ARTISAN
CHEESEMAKING, MICRODISTILERY, MICROWINERY AND TIMESHARE;
CLARIFYING COMMERCIAL USES MAY BE PERMITTED IN RESIDENTIAL
DISTRICTS AS PART OF A PUD;
ADDING REGULATIONS FOR SHIPPING AND TEMPORARY STORAGE
CONTAINERS;
CLARIFYING RESIDENTIAL BULK DIMENSIONAL AND DENSITY
REQUIREMENTS FOR R-III AND MAXIMUM FENCE HEIGHT FOR
RESIDENTIAL FENCES ABUTTING A PUBLIC RIGHT-OF-WAY;
CLARIFYING CERTAIN RESIDENTIAL USES WITHIN THE COMMERCIAL
ZONING DISTRICT ARE PERMITTED ON UPPER FLOORS ONLY;
CLARIFYING NUMBER OF STORIES IN COMMERCIAL;
CLARIFYING APPLICABILITY OF DESIGN REVIEW FOR EXTERIOR
IMPROVEMENTS,
CLARIFYING COTTAGE HOME PARKING REQUIREMENTS;
CLARIFYING THE TERM "OPEN DESIGN" FOR FENCES & WALLS;
CLARIFYING SCOPE OF LOT LINE ADJUSTMENTS;
AMENDING THE APPROVAL CRTTERIA FOR LOT LINE ADJUSTMENTS
CONSISTENT WITH THE INTENT; AND
AMENDING THE REQUIREMENTS FOR MINOR CHANGES TO PHASED
SUBDIVISION PROPOSALS TO IMPROVE CONSISTENCY
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2009 PTMC Amendments
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RECITAL:
The City Council of Port Townsend fmds as follows:
1. Port Townsend is a community with a very special environment, both natural and man-made and
the qualities of both must be respected so that the uniqueness of Port Townsend can flourish
without inappropriate changes.
2. The Port Townsend Comprehensive Plan was adopted to provide guidance for the community on
accommodating growth and redevelopment in a manner that respected the natural and built
environment and enhanced the community.
3. Title 9 (Peace, Morals and Safety) of the Port Townsend Municipal Code (PTMC) was adopted to
fully implement the Comprehensive Plan.
4. Title 17 (Zoning) of the PTMC was adopted to fully implement the Comprehensive Plan.
5. Title 18 (Land Division) of the PTMC was adopted to fully implement the Comprehensive Plan.
6. Certain standards and requirements in Titles 9, 17, and 18 have been identified as needing
clazification. Some minor additions or deletions clarify the purpose, intent, and requirements of
the PTMC and/or create greater consistency between code sections.
7. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and maps
of the Comprehensive Plan and Implementing Regulations.
8. This ordinance has been developed in conformance with the requirements for land use code text
revisions set forth in Section 20.04.090 PTMC.
9. Limitation on construction noise to specific times was found to be inconsistent with limitations
on hours for permitted projects within city right-of--ways requiring inspections in accordance with
the Engineering Design Standards Manual, requiring clazification.
10. The development of a community clubhouse must be established or located as a part of a PUD or
subdivision permit review, or subsequentlyestablished with the approval of a majority of land
owners, to ensure appropriate location criteria and serve public welfare.
11. Hostels, microdistilleries, microwineries, artisan cheesemaking, timeshares, and shipping
containers, were found to be existing or desvable uses within the community and within the
public interest but were not incorporated into the zoning district use tables.
12. Adding or making slight modifications to definitions for terms including alterations, fairgrounds,
drive-in or drive-through facilities, hotel, transient accommodations, and cottage housing
provides greater understanding for the community with regard to the local regulations.
13. Minor clarifications to tabular information for code regulations on residential uses provides
consistency and ease of understanding.
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2009 PTMC Amendments
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14. Lot line adjustments for lots of record trigger duplicative and confusing procedures for review.
The public welfare is better served with clarification for one procedure. Additional criteria for lot
line adjustments are needed to ensure the stated purpose is promoted.
15. Limiting C-II and C-II(IT) to no more than three floors, given maximum heights combined with
ground floor clear ceiling heights, produces a higher quality design outcome.
16. The Planning Commission considered the need for revisions to the requirements and standards
associated Titles 9, 17, and 18.
17. On Mazch 11, 2010, after timely and effective public notice, the Planning Commission conducted
an open record public hearing to accept public testimony on the proposed amendments to Titles 9,
17, and 18 PTMC. Following the close of the public hearing, the Planning Commission reviewed
the record, deliberated, and by a vote of 4 in favor and 0 opposed, recommended adoption. of the
proposed amendments.
18. On April 5, 2010, after timely and effective notice, the City Council conducted an open record
public hearing to accept public testimony on the proposed amendments as recommended by the
Planning Commission. At the close of public hearing, the Council deliberated upon the proposal.
19. The City Council finds that opportunities provided for meaningful citizen participation in this
amendment process are consistent with the requirements of the GMA (36.70A RCW) and the
procedures set forth in Chapter 20.04 PTMC.
20. The City Council finds that the amendments to Titles 9, 17, and 18 PTMC recommended herein
have been reviewed under the State Environmental Policy Act (Chapter 43.21C RCW and chapter
197-1 I WAC) and Chapter 19.04 PTMC. On January 13, the SEPA Responsible Official issued a
Determination ofNon-Significance, Adoption of Existing Environmental Documents and Notice of
Availability of SEPA Addendum. No comments were received during the public review period.
A Final SEPA Determination was issued on Mazch 2, 2010.
21. The City Council finds that Code amendments set forth herein are wholly consistent with the
Community Direction Statement contained in Chapter III of the Plan, and the review and
amendment procedures set forth in Section 20.04 PTMC.
22. All audio taped and written record of the Planning Commission and City Council's deliberations
during the meeting and hearings described in the above findings are incorporated herein by this
reference.
23. Consistent with the requirement of the GMA, Planning staff provided notice of intent to adopt the
proposed development regulation amendments to the State Department of Commerce for review
and comment prior to the adoption of this ordinance (RCW 36.70A.106). No substantive
comments were received from DOC prior to the adoption of this ordinance.
24. This ordinance has been prepared in conformance with the goals and requirements of the GMA
(Chapter 36.70ARCW) and is externally consistent and compatible with the 14 state-wide
planning goals contained with in the GMA (RCW 36.70A.020).
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25. This ordinance has also been reviewed against the requirements of the County-wide Planning
Policy for Jefferson County (CWPP) and has been found by the Council to be in conformance
therewith.
Based upon the foregoing findings, the Council finds that adoption of the amendments to the nazrative
text and tables of Titles 9, 17, and 18 will promote the public health, safety and welfare of the citizens of
Port Townsend and should be approved.
NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port
Townsend Planning Commission and City Council, the City Council hereby ordains as follows:
SECTION 1. Amend the exemption from noise criteria for construction activities within city
rights-of--way to be limited to the hours in accordance with the Engineering Design Manual to
allow for appropriate inspections. PTMC Section 9.09.040(B)1 is hereby amended, and shall
read as follows:
B. The following sound shall be exempt from the provisions of this chapter between the hours of
• 7:00 a.m. and 7:00 p.m. on weekdays (other than holidays); and
• 9:00 a.m. and 7:00 p.m. on weekends and holidays. "Holidays" are legal holidays as
defined by RCW 1.16.050.
1. Sound created by construction activity or equipment, including special construction
vehicles (such being any vehicle which is designed and used primarily for grading, paving, earthmoving,
and other construction work), and emanating from temporary construction sites; provided, however, that
a. A city construction permit, where required, shall have been issued prior to such
construction, and further, the terms of rho permit may limit the hours of construction work on commercial
and multifamily projects near residential districts to 7:00 a.m. and 6:00 p.m. on weekdays (other thin
holidays); or
b. Construction work permitted within city rights-of-waybe consistent with the hours
specified in the Engineering Design Standards Manual (i.e., prohibited on weekends and holidays with
limited exceptions).
SECTION 2. Amend the definition for Accessory Building, Alteration, Drive-in or drive-through facility,
Community Clubhouse, Fairgrounds, Hotel and for Transient Accommodations.
PTMC Section 17.08.020 is hereby amended, and shall read as follows:
"Accessory building" means a subordinate building attachedYo or detached from the principal building,
used for purposes customarily incidental to the use of the principal building and situated on the same lot.
Accessory buildings include but are not limited to an automobile storage garage, play house, laundry
room, garden shelter, hobby room and mechanical room. The Director may allow, or allow with
conditions, an enclosed garden shelter absent a principal building provided that the shelter does not
exceed 64 square feet in size and is associated with a regulazly maintained garden.
"Alterations" means:
A. Generally: A change or rearrangement of the structural parts of existing facilities, or an
enlargement by extending the sides or increasing the height or depth, or the moving from one location to
another. In buildings for business, commercial, manufacturing or similar uses, the installation or
rearrangement of partitions affecting more than one-third of a single floor area shall be considered an
alteration; or
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B. As used. in Chapter 17.30 PTMC, Historic Overlay District -Design Review: Any act or process
which changes one or more of the exterior architectural features of a building or stmcture.
"Drive-in or drive-through facility" means an establishment that, by design, physical facilities,
service, or by packaging procedures, encourages or permits customers to receive services or obtain goods
while remaining in their motor vehicles. Unless specifically prohibited, drive-in or drive-through
facilities may be permitted as an accessory use when the primary use is otherwise permitted by this title.
"Community clubhouse" means a privately owned structure in which inhabitants of a PUD or
subdivision or members of a property or lot owners' association gather for meetings and other activities.
A community clubhouse must be located and established in a PUD or subdivision at the time of original
approval or platting, or subsequently established pursuant to a PUD/Plat Amendment with the approval of
the City and a majority of the PUD or subdivision property and/or lot owners.
PTMC Section 17.08.030 is hereby amended, and shall read as follows:
"Fairgrounds" means an area that is set aside for fairs and other major public events. Typically,
fairgrounds include exhibition halls, arenas for competitions like rodeos, horse races, and animal agility
trials, and open space for setting up booths and other entertainments. Campgrounds for transient use may
also be included within a fairground. Fairgrounds may host a broad range of events attracting a
community-wide audience (e.g., county fairs, truck competitions, exhibitions, carnivals, or circuses) to
small gatherings (e.g., club meetings, educational workshops, private parties/weddings, charity events,
weekend sales events).
"Hotel" means any building or portion thereof containing five or more rooms which shaze a common
entry to the building that are rented or hired out to be occupied for sleeping purposes for compensation. A
central kitchen and dining room and accessory shops and services catering to the general public may be
provided. All rooms located within a hotel shall be under common ownership. Hotel rooms cannot be
owned individually. Not included are institutions housing persons under legal restraint or requiring
medical attention or Gaze. A hotel is a "transient accommodation" and shall conform to the definition
thereof.
PTMC Section 17.08.060 is hereby amended, and shall read as follows:
"Transient accommodation" means a building, structure or facility, or any part thereof, such as a bed
and breakfast inn, hotel, motel, motor hotel, tourist home, or similar facility, primarily designed for and
offering one or more lodging units to travelers and transient guests for periods of no more than 29
consecutive calendar days for temporary lodging and sleeping purposes; provided, that an absence for a
period of less than 30 consecutive days followed by reoccupancy shall be considered part of the same
consecutive period. Portions of calendar days shall be counted as full days. A transient accommodation
does not include an accommodation which a person occupies or has a right to occupy as his or her
domicile or permanent residence. It shall be presumed that occupancy of real property for a period of 30
consecutive days or more constitutes a rental or lease of real property for residential rather than transient
accommodation purposes, which presumption may however be rebutted upon submission of satisfactory
proof by a preponderance of the evidence.
SECTION 3. Include definitions for Artisan Cheesemaking, Hostel, Timeshare, Microdistillery, and
Microwinery and incorporate such land uses into the Commercial Zoning District and add definition for
Cottage Housing.
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PTMC Section 17.08.020 is hereby amended and shall read as follows:
"Artisan Cheesemaking" means a combination retail, wholesale, and small-scale artisan
manufacturing business that produces and serves cheese on the premises.
"Cottage Housing" means an alternative type of detached housing providing small residences for
households of typically one to two individuals, intended to encourage affordability, innovation and
variety in housing design and site development while ensuring compatibility with existing neighborhoods.
PTMC Section 17.08.030 is hereby amended, and shall read as follows:
"Hostel" means abudget-oriented transient accommodation where guests share dormitory style
sleeping rooms, bathrooms, lounge areas, and sometimes kitchens for short-term stays.
PTMC Section 17.08.060 is hereby amended and shall read as follows:
"Timeshare" means a form of ownership or right to the use of a property, or term used to describe
such properties wherein multiple parties hold rights to use the property and each sharer is allotted. a period
of time in which they may use the property. Timeshares may be on apart-ownership of lease/"right to
use" basis, in which the sharer holds no claim to ownership of the property.
PTMC Table 17.20.020 Commercial Zoning Districts Service Uses, Lodging is hereby amended as shall
read as follows:
DISTRICT C-I C-II C-II(fI) C-III APPLICABLE
REGULATIONS/NOTES
A artment hotels X X X P Same as above.
Bed and breakfast inns X X X P Same as above.
Hotels/motels, Hostels X P X P Same as above.
Lod in houses X X X P Same as above.
Tourist homes X X X P Same as above.
PTMC Section 17.08.040 is hereby amended and shall read as follows:
"Microdistillery" means a combination retail, wholesale and small-scale artisan manufacturing
business that produces and serves alcoholic spirits and/or food on the premises.
"Microwinery" means a combination retail, wholesale and small-scale artisan manufacturing business
that produces and serves wine and/or food on the premises.
PTMC Table 17.20.020 Commercial Zoning Districts Food Service Uses is hereby amended as shall read
as follows:
DISTRICT C-I C-II C- C- APPLICABLE REGULATIONS/NOTES
II III
Bakeries, retail P P X P PTMC 1720.030, Bulk, dimensional and density
re uirements.
Confectioneries and P P X P Same as above.
artisan cheesemakin
Drinkin X P X P Same as above.
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establishments (bars,
cocktail lounges, night
clubs, and taverns
Microbreweries, P P X P PTMC 17.20.030, Bulk, dimensional and density
microdistilleries and requirements. The manufacturing component
microwineries within any microbrewery, microdistillery or
microwinery located within a mixed use zoning
district must be subordinate and accessory to a
rima retail use.
Other food service P P P P PTMC 17.20.030, Bulk, dimensional and density
establishments requirements. A manufacturing component may
including coffee be permitted within any such use; provided, that it
houses, delicatessens, is subordinate and accessory to a primary retail
ice cream parlors, juice use (e.g., coffee roasting, meat curing, etc.).
bars, etc. Within the C-II(H) zoning district, food service
uses must be subordinate and accessory to a
medical services establishment.
Restaurants with drive- X P X X PTMC 17.20.030, Bulk, dimensional and density
in or drive-through requirements.
service
Restaurants without P P X P PTMC 17.20.030, Bulk, dimensional and density
drive-in or drive- requirements.
throu h
SECTION 4. Provide provisions for the use of shipping containers as temporary uses and clarify that
commercial uses are permitted within residential districts, subject to Planned Unit Development criteria,
on Table 17.16.020. PTMC Table 17.16.020 Residential Zoning Districts Temporary Uses is hereby
amended and shall read as follows:
DISTRICT R R II ~ APPLICABLE REGULATIONS/NOTES
I
TEMPORARY USES
Contractor offices and model P P P P PTMC 17.16.030, Bulk, dimensional and density
homes requirements; and Ch. 17.60 PTMC, Temporary
Uses.
Rummage or other outdoor P P P P Ch. 17.60 PTMC, Temporary Uses.
sales
Shipping or temporary P P P_ P Permitted as a temporary use not to exceed 14
storage containers days; provided that the director of the
development services department may establish a
longer timeframe in conjunction with an approved
development permit or separately as a temporary
use subject to PTMC 17.60 Tem r Uses.
Yard or ara a sales P P P P Same as above.
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COMMERCIAL USES
Adult entertainment facilities X X X X
Bed and breakfast inns C C C C PTMC 17.16.030, Bulk, dimensional and density
r uirements.
Child day care centers and C C C C See PTMC 17.52.020(B) for child care as an
stand alone preschools accessory use. Child day caze centers may be permitted
in any residential zone through the planned unit
development (PUD) process, see Ch. 17.32 PTMC.
Ch. 17.52 PTMC, Child Care Facilities; and PTMC
17.16.030, Bulk, dimensional and density
re uirements.
Commercial uses as part of a P P P P PTMC 17.32.080, Planned Unit Developments
Planned Unit Develo ment
Family home child care and in- P P P P Same as above.
home reschools
Home occupations P P P P Ch. 17.56 PTMC, Home Occupations; and PTMC
17.16.030, Bulk, dimensional and density
re uirements.
Tourist homes C C C C PTMC 17.16.030, Bulk, dimensional and density
re uirements.
SECTION 5. Clarify residential bulk dimensional and density requirements. PTMC Table 17.16.030,
Residential Zoning Districts -Bulk Dimensional and Density Requirements for Minimum Average
Housing Density, Minimum Lot Size, and Maximum Fence Height, and Footnote (1) is hereby amended
and shall read as follows:
DISTRICT R-I R-II R-III R-IV
_ _ 10 units where a 15 units
parcel andlor
MINIMUM contiguous parcels
AVERAGE under single
HOUSING ownership are
DENSITY (units 12,000 square feet
per 40,000 square in size or greater;
foot area) min. average
density=l
unit/4,000sf
10,000 sf =single- 5,000 sf =single- 3,000 sf =single- _
family detached family detached family detached;
5,000 sf = single-
family attached
MINIMUM LOT (duplex); 7,500 sf
SIZE =single-family
attached (triplex);
and 10,000 sf =
single-family
attached
(four lex) and
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2009 PTMC Amendments
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12,SOOs~
multifamily«1
Front = 4' Front = 4'; Front = 4'; Front = 4';
Side = 8'; side Side = 8'; side Side = 8'; side Side = 8'; side
abutting a public r-o-w abutting a public r-o- abutting a public abutting a
MAXIMUM - 4'; w = 4'; r-o-w = 4';
' public r-o-w =
'
FENCE HEIGHT* Rear = 8'; rear Reaz = 8', reaz Rear = 8
_, rear 4
;
abutting a public r-o-w abutting a public r-o- abutting a public Rear = 8',
= 4' w = 4' r-o-w = 4' reaz abutting a
public r-o-w =
4'
Footnote (1)
(0 Inorder to achieve the minimum density, a subdivision of parcels 12,000 squaze feet or greater
shall not allow individual lots larger than 4,000 square feet unless it can be assured that the
minimum density will be achieved.
*Note: Maximum fence heights apply within any required front, side, or rear setback azea or
along the edge of any required Yazd; refer to Chapter 17_68 PTMC, Fences, Walls, Arbors and
Hedges, for specific requirements.
SECTION 6. Clarify certain residential uses within the commercial zoning district are permitted on upper
floors only.
PTMC Table 17.20.020 Commercial Zoning District Residential Uses is hereby amended and shall read
as follows:
DISTRICT C-I C-II II I APPLICABLE REGULATIONS/NOTES
I
I
RESIDENTIAL USES
Apartment houses X P X P PTMC 17.20.030, Bulk, density and dimensional
requirements; and Chapter 17;36 PTMC,
Multifamily Development Standazds and
ermitted on u er floors onl .
Boazding houses (six X P X P Same as above.
or fewer roomers) and
lodging and rooming
houses (seven or more
roomers
Homeless shelters X C C C PTMC 17.20.030, Bulk, dimensional and density
requirements. The director may authorize a
waiver of the basic ermit fee.
Mulfifamily dwellings X P X P PTMC 17.20.030, Bulk, density and dimensional
requirements; and Chapter 17;36 PTMC,
Multifamily Development Standards and
ermitted on u er floors onl .
Owner/o rator P P P P PTMC 17.20.030 Bulk, dimensional and densi
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residences requirements; such uses shall only be allowed if
clearly subordinate and accessory to a primary
commercial use and permitted on upper floors
onl .
Residential treatment X X P X PTMC 17.20.030, Bulk, dimensional and density
facilities re uvements.
SECTION 7, Provide clarification to height standards within the commercial zoning district by clarifying
the maximum number of stories for structures to Table 17.20.030, Commercial Zoning Districts -Bulk,
Dimensional and Density Requirements.
PTMC Table 17.20.030 is hereby amended to include the following additional standazds:
DISTRICT C-I C-II C-II C-III
35 feet and as 40 feet if more than 40 feet if more than 50 feet and limited to
MAXIMUM specified by PTMC 2 stories but limited 2 stories but limited no more than 4 stories
BUILDING 17.46.080 to no more than 3 to no more than 3 or as specified by Ch.
stories and as stories and as 17.28 PTMC
HEIGHT specified by PTMC specified by PTMC
17.46.080 17.46.0 0
SECTION 8. Ensure application of design review for exterior modifications (e.g., mechanical and
lighting improvements) to new and existing commercial, mixed-use, multi-family and cottage housing
developments and to existing structures in the historic district. PTMC Section 17.30.020B Specific
Applicability is hereby amended to read as follows:
B. Specific Applicability. The requirements of this chapter shall apply to any development or
municipal improvement that:
1. Involves partial or complete demolition (as defined in PTMC 17.30.085(A)), changing,
altering, modifying, remodeling, relocating, removing or significantly affecting a
property listed on the Port Townsend register of historic places that lies outside the
historic overlay district;
2. Involves partial or complete demolition (as defined in PTMC 17.30.085(A)), any
exterior changes, alterations, modifications, remodeling, relocating, or removal of
exterior features that would significantly affect any building or structure located within
the C-II, C-III, M-II(B), P/OS, PIOS(B), and P-I zoning districts of the historic overlay
district. Exterior changes includes the application of exterior paint or the installation of
exterior electrical or mechanical system elements (including but not limited to pole
mounted or other light fixtures), subject to any administrative review provisions of the
Port Townsend historic preservation standazds manual, as described in PTMC 17.30.160;
3. Is located within the R-II zoning disiricts of the historic overlay district and which also
requires issuance of a conditional use permit under this title;
4. Involves the erection of any new sign, or the removal or substantial alteration of any
existing sign, within the waterfront or uptown subdistricts lying within the boundaries of
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the historic overlay district, subject to any administrative review provisions of the Port
Townsend historic preservation standards manual, as described in PTMC 17.30.160.
PTMC Section 17.46.030 Applicability is hereby amended to read as follows:
All projects in the C-I, C-II, C-II(H), CI/MU, and C-IUMU zones, cottage housing
developments, as well as multifamily projects in any zone regazdless of their location or form of
ownership that involve one of the following are subject to the design review process contained
within this chapter:
A. Track 1 -Administrative Review Pursuant to PTMC 17.46.060.
1. Commercial and Mixed Use Projects.
a. New buildings, canopies or other structures that exceed 1,000 square feet in size; or
b. Buildings, canopies, or other structures, the expansions of which either:
i. Exceed 1,000 square feet in size; or
ii. Comprise a ground floor expansion exceeding 50 percent of an existing building's
ground floor square footage; or
c. Substantial alterations of existing structures, where the existing structure exceeds 1,000
square feet;
d. Alterations to exterior facades of buildings, (including but not limited to new or altered
exterior electrical or mechanical systems such as pole mounted or other light fixtures)
excepting that ordinazy (i.e., nonemergency) maintenance and repair activities may be
granted a waiver of design review by the director. All work, even that qualifying for a
waiver from the review process, must be conducted in accordance with applicable code
requirements, including architectural design standards of Chapter 17.44.
2. Multifamily projects
a. Including construction of apartments, townhouses, row houses or other forms of
multifamily housing containing five to 19 units; or
b. Alterations to the exterior facades of buildings, (including but not limited to new or
altered exteriorelectrical or mechanical systems such as pole mounted or other light
fixtures) excepting that ordinary (i.e., nonemergency) maintenance and repair activities
may be granted a waiver of design review by the director. All work, even that qualifying
for a waiver from the review process, must be conducted in accordance with applicable
code requirements, including architectural design standards of Chapter 17.36.
3. Cottage housing developments
a. Located in the R-I, R-II, or R-III zoning districts where a departure has not been
requested per PTMC 17.46.080; or
b. Alterations to the exterior facades of buildings which aze visible from adjacent
properties or rights-of--way, including but not limited to new or altered exterior electrical
or mechanical systems such as pole mounted or other light fixtures) excepting that
ordinary (i.e., nonemergency) maintenance and repair activities may be granted a waiver
of design review by the director. All work, even that qualifying for a waiver from the
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review process, must be conducted in accordance with applicable code requirements,
including architectural design standards of Chapter 17.34.
SECTION 9. Clarify pazking requirements for Cottage homes, as a residential use to be
consistent with other applicable code sections. PTMC Table 17.72.080, Vehiculaz and Bicycle
Parking Standards, Residential Uses, is hereby amended and shall read as follows:
Use Minimum Required Maximum Permissible Required Bicycle Spaces
(minimum of twa spaces
Parking Spaces Parking Spaces if not listed
RESIDENTIAL USES
Cotta e homes See PTMC 17.34.180 None None
SECTION 10. Clarify vaziations from the general requirements for fences, walls, arbors and hedges to
provide greater definition of the term "predominantly open". PTMC Section 17.68.030.0.2 is hereby
amended and shall read as follows:
2. Any portion of the structure above four feet shall be predominately open (i.e., greater than
50% open when viewed perpendicular to the front property line), such that there is free circulation of air
and passage of light.
SECTION 11. Clarify the scope of lot line adjustments to include two or more lots. PTMC Section
18.08.020, Scope, is hereby amended and shall read as follows:
The lot lines separating two or more lots of record may only be adjusted under the provisions of this
chapter, except as provided under RCW 58.17.040, as now adopted or hereafter amended.
SECTION 12. Amend the approval criteria for lot line adjustments to be consistent with the purpose for
such procedures. PTMC Section 18.08.040 is hereby amended and shall include the following additional
approval criteria:
[. Involve an adjustment of lot lines that the Development Services Director judges to be solely for
the purpose of avoiding frontage improvements or an obligation to pay latecomer fees.
J. Resulting lot shapes from a lot line adjustment shall be designed generally to be at right angles to
the abutting street and shall avoid awkward configurations or appendages, except where the express
purpose of the adjustment is to correct a legitimate boundary line encroachment.
SECTION 13. Amend the requirements for changes made to subdivision proposals with phased
development to be consistent with other applicable requirements. PTMC Section 18.16.080 is hereby
amended and shall read as follows:
Where subdivision development is proposed in distinct phases, preliminary plat approval must be
granted for the entire subdivision. The plat map must delineate the separate divisions or phases which are
to be developed in increments. The preliminary plat approval is conditional upon completion of the
proposed phases in a particular sequence and may specify a completion date for each phase. Final plat
approval is granted for each separate phase of the preliminary plat. Any changes in the development
Ordinance 3035
2009 PTMC Amendments
Page 13 of ]3
proposal or sequence of phased development after preliminary approval will requve approval in
accordance with PTMC 1.8.16.070 unless the director finds that the changes qualify as a minor
modification under PTMC 18.16.090. (Ord. 2572 § 2, 1997).
SECTION 14. Severabiliri. If any sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shalt
not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this
ordinance.
SECTION 15. Effective Date. This Ordinance shall take effect immediately after passage if adopted by
a majority plus one of the City Council. Otherwise this ordinance shall take effect and be in force five
days after the date of its publication in the manner provided by law. Publication of this ordinance shall be
by summary thereof consisting of the title.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting
thereof, held this twenty-first day of June 2010.
Michelle Sandoval, Mayor
Attest: T~j
Pamela Kolacy, MMC ~~
City Clerk
Approved as to Form:
John .Watts
City Attorney
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Counci109/07/10)
LIST OF REVISIONS
Minor Housekeeping Revisions to Recently Adopted Ordinances 3026 -
Administrative Procedures (July 19, 2010), 3034 -Height Overlay (March 1, 2010),
3035 -Zoning Code Amendments (June 21, 2010), 3037 -Historic Preservation
Code (Ch. 17.30 PTMC) (Jaly 19, 2010), 3038 -Bulk and Scale (July 19, 2010), and
3039 -Building Code (June 7, 2010)
(1) Ordinance 3026 -Administrative Procedures (July 19, 2010)
(a) PTMC 1.14.020(C) on code enforcement and 20.02.010 on code
interpretations contain cross-references to Title 15 (Fire), which has been
repealed when the fire code and building code were consolidated into Title 16.
The edits delete the references to Title 15.
(b) PTMC 2.14.050(C) on hearing examiner duties contains across-reference to
PTMC 8.04.272 on dangerous dogs. That section has been repealed. The edit is
to change PTMC 8.04.272 to "Chapter 8.04 PTMC, Article V" where hearings
and appeals are discussed.
(c) Ordinance 3026 renumbers PTMC 20.01.310 as 20.01.295. The edit is to
update the relevant cross-references in PTMC 20.01.235(E)(3), 20.01.260 and
20.02.050.
(d) PTMC 17.46.030 (Cottage Housing) was amended by Ordinances 3026 and
3035. Minor inconsistencies resulted. The inconsistencies are resolved by the
edits to PTMC 17.46.030 set forth at the end of this List under "Ordinance 3035
and 3026 Reconciled."
(e) PTMC 20.01.100(C) on requirement for permit applications begins, "In
addition to the requirements set forth in subsection A of this section...."
Subsection A is an introductory section, and the substantive requirements are set
forth in subsection B. The edit is to change "subsection A of this section" to read
"subsection B of this section."
(f) PTMC 20.01.100(C)(1) on permit applications and 20.02.010 on code
interpretations contain references building code requirements adopted by PTMC
16.04.010. In these two sections, the edit is to change the cross-references from
"16.04.010" to "16.04.020," since the building codes are adopted in PTMC
16.04.020.
(g) PTMC 19.05.050(H) changed an existing reference from "assessor" to
"auditor" (to accurately state where documents are recorded). In making the
change, the text, in adding "auditor," inadvertently did not strike out "assessor"
The edit is to delete "assessor," and leave in "auditor."
(2) Ordinance 3034 - 3034 -Height Overlay (March 1, 2010)
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
The ordinance adds a Footnote (2) to the table in PTMC 17.28.030. The footnote
reads, in part, "...(and even though PTMC 17.28.040 provides that "in the event
of a conflict between the provision of the special height overlay district and the
provision of the underlying zone, the more restrictive height limit shall apply")."
The quoted text is not an exact quote of PTMC 17.28.040. The edit is to delete
the quotation marks.
(3) Ordinance 3035-Zoning Code Amendments (June 21, 2010)
Section 11 of the ordinance amended PTMC 18.08.020 to read: "The lot lines
separating two or more lots of record may only be adjusted under the provisions
of this chapter, except as provided under RCW 58.17.040, as now adopted or
hereafter amended." Only the first sentence of the section (the one being
amended) was set out in the ordinance. The question is whether the ordinance
intended to repeal the balance of the section. It did not (since the change in the
ordinance was only adding the "or more" to the first sentence). The edit is clarify
the section reads in its entirety, "The lot lines separating two or more lots of
record may only be adjusted under the provisions of this chapter, except as
provided under RCW 58.17.040, as now adopted or hereafter amended. Actions
which change or impair conditions or requirements imposed by previous platting
decisions must be accomplished pursuant to the subdivision requirements set
forth in this title; provided, that all requirements set forth in this chapter are met,
lot line adjustments proposing lot reorientations shall be deemed to be minor in
nature."
(4) Ordinance 3037 -Historic Preservation Code (Ch. 17.30 PTMC) (July 19,
2010)
(a) PTMC 17.30.100. The introductory paragraph of this section reads, "This
section applies to completed applications for a certificate of approval, except it
does not apply to completed applications for a certificate of approval [for]
alterations or changes to secondary residential structures, which do not require
HPC review and recommendation." The edit is to add the word "for" shown in the
[...].
(b) PTMC 17.30.158(A)(3). In the ordinance, this subsection contains
subsections (a), (b) and (c). Given that subsection (a) functions as an
introduction to (b) and (c), the edit is to combine subsection (a) with the
subsection header and to re-letter (b) and (c) as (a) and (b). The subsection now
reads:
" 3. Accessory Structures. Accessory structures such as garages, ADUs or
other similar structures shall be located to the rear or side of the subject
property consistent with the following requirements:
a. Proposed accessory structures shall be set back a minimum of 10 feet
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
from the building line of the principal historic facade(s).
b. In the case of historic residences that are located on corner lots that
have two principal historic facades, accessory structures shall be
permitted on the side containing a principal historic facade; provided, that
their proposed location minimizes view blockage of the historic facade
from the adjacent public right-of-way."
(c) PTMC 17.30.159(6) contains atypo - it refers to a table at "Table 17.60.030"
(a non-existent table and reference). The edit is to change this to the correct
reference, namely, "Table 17.16.030."
(d) PTMC 17.30.320(A) reads,
"A. General Requirements. Prior to the partial or complete demolition (as
defined in PTMC 17.30.310) of a building or structure regulated under this
chapter, the applicant must obtain a certificate of approval for [both] the
proposed demolition."
This subsection was previously codified as PTMC 17.30.060(A), the end of which
read, "...the applicant must obtain a certificate of approval for both the proposed
demolition and any proposed replacement development." The edit is to omit the
word "both." Later sections provide the requirement for design review for a
replacement building only applies to the demolition of a commercial building (if
demolition is allowed for stated criteria) and not to residential buildings.
(c) Chapter 17.30 PTMC, Article III, Demolition Standards. Several of the
sections in this article contain references to "this section," which date back to
when several of these sections were codified together as PTMC 17.30.085. The
edit is to change the references so that they now read "this article." Edits are at
PTMC 17.30.340, 17.30.350, and 17.30.360(4) and (5).
(d) PTMC 17.30.400(C) reads, in part, "In the event the director determines a
structure [is experiencing demolition by neglect is occurring], the director is
authorized to give notice to the owner and/or person in charge of the specific
instances of failure to maintain or repair, in accordance with the procedures in
Chapter 1.20 PTMC, Code Administration and Enforcement." The edit is to
remove "is occurring" as extraneous language in the bracketed text.
(e) PTMC 17.30.400(C) reads, in part, "Except in cases of life-safety or
emergency, or in cases where the owner has ignored or failed to [copy] with past
notices, the director shall seek voluntary compliance and provide at least 60 days
for voluntary correction to occur or for a plan proposed by the owner with time
frames for correction to be approved by the director." The edit is to change the
bracketed word to "comply" to reflect the obvious intent.
(f) At PTMC 17.30.155(A)(2), the beginning of the second sentence of this
subsection reads, "Redevelopment and/or additions of to existing buildings..."
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Counci109f07/10)
The edit is to delete the word "of." (The word "of" does not belong after
"redevelopment" because redevelopment is not limited to redevelopment of
buildings, but can also include site redevelopment.)
(5) Ordinance 3038 -Bulk and Scale (July 19, 2010)
Table 17.16.030 is amended by Ordinances 3035 (June 21, 2010) and 3038
(July 19, 2010). In amending the Table, Ordinance 3038 did not refer to
amendments made by Ordinance 3035 (which could allow a statutory
interpretation argument that Ordinance 3038 impliedly repeated the amendments
in Ordinance 3035). The edit is to retain all the Ordinance 3035's amendments
("MINIMUM AVERAGE HOUSING DENSITY -units per 40,000 square foot area
row, the "MINIMUM LOT SIZE" row, the "MAXIMUM FENCE HEIGHT"" row, and
Footnote (1), and then follow Ordinance 3038.
(S) Ordinance 3039 -Building Code (June 7, 2010)
(a) Ordinance 3039 adopted the 2009 International 3uilding Code in Exhibit A to
the Ordinance. The Ordinance mistakenly also referred to a nonexistent Exhibit
B. The edit is to remove the reference to Exhibit B in Ordinance 3039.
(b) Ordinance 3039 (at PTMC 16.04.100) inadvertently cited to a section that had
been repealed and then amended by Ordinance 2952 (March 31, 2008). The
edit is to remove the incorrect citation (which reads: "Any person who violates
any provision of this Chapter shall be subject to the penalties and enforcement
provisions of Chapter 20.10 PTMC.") and replace it with the amended text
adopted in Ordinance 2952, which reads as follows:
"A. Director's Authority. Whenever the DSD director or his or her designee
("director") determines that a condition exists in violation of this chapter or
any standard required to be adhered to by this chapter, or in violation of
any permit issued hereunder, he or she is authorized to enforce the
provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this
chapter or incorporated standards, or of any permit or license issued
hereunder, are made subject to the provisions of Chapter 1.20 PTMC,
including but not limited to abatement, criminal penalty, and civil penalty,
which are incorporated by reference as if set forth herein."
(7) Other Item.
PTMC 9.09.060 (part of the Noise Code) is not amended by this batch of
ordinances, but it appears on one of the pages that is amended. The section
contains two incorrect cross-references to "Chapter 9.11 PTMC, Voluntary
Resolution Procedures." That edit is to change the incorrect reference to
"Chapter 2.82 PTMC Dispute Resolution Program."
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
"Ordinance 3035 and 3026 Reconciled."
17.46.030 Applicability and Permit Review Process: Standards
Unless otherwise subiect to historic design review process in PTMC 17.30
(Historic Preservation), aAl{ projects in the C-{, C-II, C-II(H), CI/MU, and C-11lMU
zones, cottage housing
developments, as well as multifamily projects in any zone regardless of their
location or form of ownership ~~^F'^~•^'~•° ^^° ^"~°'^"^~~•~^^ ^~^ shall be subject
to the design review process contained within this chapter and processed in
below:
A. Tvpe IATrasIF~-Administrative Review Pursuant to PTMC 17.46.060.
1. Commercia{ and Mixed Use Projects.
a. New buildings, canopies or other structures that exceed 1,000 square
feet and are less than 4,000 square feet in size or no more than two stories
above Grade; or
b. Buildings, canopies, or other structures, the expansions of which either:
i. Exceed 1,000 square feet in size and are less than 4,000 square
feet; or
ii. Comprise a ground floor expansion exceeding 50 percent of an
existing building's ground floor square footage; or
c. Substantial alterations of existing structures, where the existing
structure exceeds 1,000 square feet and are less than 4.000 square feet;
d. Alterations to exterior facades of buildings that require a building permit,
(including but not limited to new or altered exterior electrical or mechanical
systems such as pole mounted or other light fixtures) excepting that not
including ordinary (i.e., nonemergency) maintenance and repair activities
may be granted; provided, (i) that a waiver of design review has first been
obtained from by the director. All work, even that qualifying for a waiver
from the review process, must be conducted in accordance with and (ii) all
applicable code requirements are met, including architectural design
standards of Chapter 17.44 criteria for buildings subject to review under this
chapter.
2. Multifamily projects
a. Including construction of apartments, townhouses, row houses or other
forms of
multifamily housing containing five to nine aS-units; or
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
b. Alterations to the exterior facades of buildings, (including but not limited
to new or altered exterior electrical or mechanical systems such as pole
mounted or other light fixtures) excepting that ordinary (i.e.,
nonemergency) maintenance and repair activities may be granted a
waiver of design review by the director. All work, even that qualifying for a
waiver from the review process, must be conducted in accordance with
applicable code requirements, including architectural design standards of
Chapter 17.36.
3. Cottage housing developments
Alterations to the exterior facades of buildings which are visible from
adjacent
properties or rights-of-way, including but not ;imited to new or altered
exterior electrical or mechanical systems such as pole mounted or other
light fixtures) excepting that ordinary (i.e., nonemergency) maintenance
and repair activities may be granted a waiver of design review by the
director, All work, even that qualifying for a waiver from the review
process, must be conducted in accordance with applicable code
requirements, including architectural design standards of Chapter 17.34.
From this point on -the revisions in 3026 are followed