HomeMy WebLinkAbout2928 Various PTMC Amendments
Ordinance No. 2928
AN ORDINANCE OF THE CITY OF PORT TOWNSEND
ESTABLISHING INTERIM STANDARDS AND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE IN REGARDS
TO CLARIFYING THE MEASUREMENT OF
DEVELOPMENT DENSITY IN R-III AND R-IV ZONING
DISTRICTS; ADOPTING A NEW METHOD FOR
MEASURING BUILDING HEIGHTS TO LIMIT THE
ALTERATION OF SITES; ESTABLISHING AN OFF-
STREET PARKING REQUIREMENT FOR ACCESSORY
DWELLING UNITS AND RESIDENTIAL USES IN THE
UPTOWN COMMERICAL DISTRICT; AND ESTABLISHING
A UNIFORM METHOD OF COUNTING DAYS FOR LAND
USE PROCESSES
WHEREAS, 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; and
WHEREAS, increased development activity in the R-llI zoning districts has
identified an inconsistency in the measurement of development density in both the R-III
and R - IV districts; and
WHEREAS, the use of bedrooms as a measure of development density is
inappropriate for single-family attached dwellings such as duplex, triplex and fourplex
development; and
WHEREAS, clarity is needed on determining development density to provide
guidance for both applicants and the community; and
WHEREAS, the establishment of interim standards for measuring development
density in the R-llI zoning districts will allow for the timely development of revised
regulations that identifY and establish appropriate standards; and
WHEREAS, the standards for determining maximum residential building heights
currently allows the alteration of the site prior to measurement; and
WHEREAS, the alteration of the site may allow "mounding" on the site which
can substantially increase the final height of a new structure; and
WHEREAS, the increase in height can result in new structures that adversely
effect the scale and character of the residential area; and
WHEREAS, the establishment of interim standards as related to the
determination of maximum building heights will allow for the timely development of
revised regulations that identifY and establish appropriate standards; and
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WHEREAS, applications for Accessory Dwelling Units (ADU) have
substantially increased in Port Townsend; and
WHEREAS, an analysis of recent ADU development has identified that the
current requirements for off-street parking associated with this type of use is inadequate
to address on-street parking impacts; and
WHEREAS, the establishment of interim off-street parking standards in the
residential zoning districts for ADU development will allow for the timely development
of revised regulations that identifY and establish appropriate standards; and
WHEREAS, single-family, attached housing such as duplex, triplex and fourplex
development increases the development density within a residential district; and
WHEREAS, the potential for establishing ADU's in concert with single-family
attached housing is not clearly addressed in Title 17 PIMC; and
WHEREAS, the establishment of ADU's as an accessory use to single-family,
attached residential development may adversely impact the scale and character of
existing residential districts; and
WHEREAS, clarity is needed on allowable accessory development of ADU's for
single-family attached housing to provide guidance for both applicants and the
community; and
WHEREAS, the establishment of interim standards prohibiting ADU
development as an accessory use to single-family, attached housing will allow for the
timely review and clarification of regulations such that the appropriate scale and
character of the residential district can be preserved; and
WHEREAS, clarity is needed in determining the number of days and end date for
various land use application, notice, review and appeal processes; and
WHEREAS, the establishment of interim standards providing a uniform method
for the counting of days and determination of an end date would provide greater clarity to
the public and avoid potential conflicts; and
WHEREAS, increased residential development in the Uptown commercial
district may have an adverse effects on the availability on-street parking, such that
commercial uses may be impacted; and
WHEREAS, the City is proposing a charette process to confirm desired land uses
and parking strategies in regards to the maintenance of scale, character and the future
function of the Uptown commercial district; and
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WHEREAS, the establishment of interim standards requiring off-street parking
for residential development in the Uptown commercial district will allow for the timely
review and clarification of off-street parking regulations such that the appropriate scale,
character and function of the district can be preserved; and
WHEREAS, in light of the foregoing considerations, the City Council has
determined that the public welfare of the City's residential, retail, business and tourist
based community, as articulated by the principles upon which the Comprehensive
Development Plan is premised, will be best served and advanced by adopting interim
regulations; and
WHEREAS, the City needs time to consider properly and carefully the potential
effects of zoning code and other development regulations; and
WHEREAS, the City Council finds it is appropriate to preserve the status quo
and to prevent the vesting of any new applications for development or land use approvals
that are or may be inconsistent with the City's comprehensive plan, pending review of
City codes to make sure that regulations are in place that are consistent with the
comprehensive plan; and
WHEREAS, RCW 35A.63.220 relating to Code cities like Port Townsend and
36.70A.390, a section of the Growth Management Act (Ch. 36.70), authorize the City to
adopt interim regulations to preserve the status quo while new plans or regulations are
considered and prepared; and
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Clarification on Densitv Requirements in R-llI and R-IV Zoning Districts.
PTMC Table 17.16.030 Residential Zoning Districts - Bulk, Dimensional and Density
Requirements, is hereby amended, and shall read as follows, (.5trike-out is deleted,
underline is added):
DISTRICT R-I RII R-III R-IV
MAXIMUM 4 dwelIing units 8 dwelIing units 24 bedrooms !!! 40 bedrooms !!!
HOUSING (10,000 sf oflot (5,000 sf oflot IIllIlti-familv multi~familv
DENSITY area per unit) area per unit) dwellinE!s, or 16 dwellin2"s, or 24
(unitslbedrooms units 'l:hiehe\'er is units ?l1ieRever is
per 40,000 square g<eaIef, per 40,000 g<eaIef, per 40,000
foot area) sf oflot area sf oflot area
SECTION 2. Revised Method of Measuring Building Height. Section 17.08.020 is
hereby amended by revision of the definition of "Building Height" to read as follows,
(strike-out is deleted, underline is added):
"Building height" means the vertical distance from 'average finished
!!rade' or the avera!!e natural (ore-existin!!) !!rade whichever vields the
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Ordinance 2928
!!featest hei!!ht to the hi!!hest Doint of the cODin!! of a flat roof or the deck
line of a mansard roof or the avera!!e hei!!ht of the highest !!able of a
Ditched or hiooed roof. above a referenee Datum measllreD to tile Iligheat
point of the eo ping of a flat reof or to the deek line of a mansard roof or to
the average height of the highest gable ef a pitehed or hipped roef. The
referenee datllm shall be seleeted by either of the fsllswing, "lfHiehe'ier
yields a greater heigllt sf a building:
f.. The elevation of the highest adjoining siDewalk or grounD sllrfaee
within a five feet herizental distaRee of the eKterior wall ofihe bllilding
when sueh side'.valk sr grollRd sarfaee is not more than 10 feet aboye
lowest grade; or
B. f.n elevation 19 feet higher than the lowest graDe WHen the sidewalk
or groHllD smfaee deseribed in sllbseetion ,\ of this Definition is more tllan
10 feet abo'ie lowest grade.
The height of a stopped or terraeed bllilding is the maxi_ heigHt sf
any segment of the building.
Section 17.08.030 is hereby amended by revision of the definition of "Finished grade" to
read as follows:
Grade.
A. "Finished grade" means the lowest point of elevation of the
finished surface of the ground, paving or sidewalk, within the area
between the building and the property line or, when the property line is
more than fWe ten feet from the building, between the building and a line
fWe @ feet from the building.
B. "Natural grade" means the elevation of the ground level in its natural
state, before construction, filling, or excavation.
C. For the purposes of Chapter 17.76 PTMC, Signs, "grade" means the
average elevation of the ground surface immediately below the sign after
construction, exclusive of any filling, berming, mounding or excavating solely for
the purpose oflocating the sign. In cases in which the grade cannot reasonably be
determined, sign height shall be equal to the elevation of the nearest point of the
crown of a public street or the grade of the land at the main entry to the principal
building, whichever is lower.
D. "Avera!!e Grade" means a reference established bv avera!!in!! the !!fade
elevations at the four comers surroundin!! a buildin!!.
SECTION 3. ADU Parking Requirements. Section 17.16.020(C)(7) PTMC is hereby
amended, and shall read as follows, (strike-out is deleted, underline is added):
Ns additioaal off street parkiag is reEfuired to eatabliah an f.DU; provided, that
the off street pal'idng reEfllirements for the other uses on tHe site are centinuollsly
met; and pro\'ided further, that if the eirector of pablic works determines that one
or more efthe adjoining street frontages fllils to meet city staadards, the property
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Ordinance 2928
owner shall be requir-ed to sign a nB protest agreelllellt with the eity, in a form
appro'iedby the eity attorney, eoneerning the futllfe f(JffIlation sf a loeal
illljlrovement distriet (LID) ftlr the pUFflose of funding roadway and streetseape
improvements.
TABLE 17.72.080 PTMC is hereby amended, and shall read as follows:
Use Minimum Required Maximum Permissible Required Bicycle
Parking Spaces Parking Spaces Spaces (minimum of
two spaces if not listed)
RESIDENTIAL USES
Accessory Dwelling f.5 specified in PTMC P.s specified in PTMC None
Units 17.16.G2G(C)(7) 17.16,G20(C)(7)
1 snace in addition to ~
those reauired for sinQ'le
family dwellin2: units
SECTION 4. Limitation on ADU Development for Single-familv. Attached Housing.
Section 17.16.020 PTMC is hereby amended, and shall read as follows, (strike-out is
deleted, underline is added):
C. Accessory Dwelling Units - Limitations on Use. One accessory dwelling
unit (ADU) may be established as an accessory use to a single-family,
detached residence. ADU establishment as an accessorv use for sin!!le
familv. attached residence shall be orohibited. ADU's mav be established
provided the following conditions are continuously met:
I. A certificate of occupancy pursuant to the currently adopted city
construction codes shall be obtained from the building official and posted
within the ADU. The code inspection and compliance required to obtain a
certificate of occupancy in an existing building shall be restricted to the
portion of the building to be occupied by an ADU and shall apply only to
new construction rather than existing components, except that any high
hazards (i.e., smoke detectors, fire exits, stairways, LP gas appliances and
fire separation) shall be corrected. Where additional fire separation is
unduly burdensome, the building official may authorize a fire alarm
system in lieu of required fire separation.
2. 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 property on which the ADU is located
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Ordinance 2928
complies with all of the requirements of this section except owner-
occupancy, the ADU property may continue without occupancy by the
owner until sold, exchanged or otherwise transferred to a different owner.
3. Neither the main nor 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 the standard allowed in the
underlying zoning district.
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 that is legal,
nonconforming with respect to required setbacks if entrances are no closer
than five feet to neighboring property lines, and if each side window that
is closer than five feet to a side property line and that is also closer than 20
feet to either the front or rear property line is permanently glazed with
translucent material; provided, that the director may permit an entrance as
close as three feet to a neighboring property line upon a finding that no
feasible alternative exists.
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; and provided further, that if the director of public works
determines that one or more of the adjoining street frontages fails to meet
city standards, the property owner shall be required to sign a no protest
agreement with the city, in a form approved by the city attorney,
concerning the future formation of a local improvement district (LID) for
the purpose of funding roadway and streetscape improvements.
SECTION 5. Standardize Calculation of Days for Land Use Actions. Section 20.01.010
PTMC is hereby amended, and shall read as follows, (strike-out is deleted, underline is
added):
4. Days. All days shall be calendar days. Davs shall be measured
successivelv Should the end of a soecified time oeiiod fall on a weekend
or holidav. the end of the next successive business dav shall be considered
to be the effective end date. In the event of a conflict with other methods
of mea sur in!! davs within the PIMC. the orovision of this section shall
orevail.
SECTION 6. Uptown C-llI Commercial District Parking Requirements. Section
17.72.020 PTMC is hereby amended, and shall read as follows, (strike-out is deleted,
underline is added):
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Ordinance 2928
B. Exemption - National Register Historic Overlay District. All new construction
and all land uses established, changed or relocated within the nonresidential
zoning districts of the historic overlay district, as defined by PTMC 17.30.040 ,
excentin!! for the C-IIl zoned oortions of the Uotown National Landmark Historic
District. shall be exempt from off-street parking and loading requirements;
provided, that the owner of the property underlying such construction or uses has
first signed a no protest agreement with the city, in a form approved by the city
attorney, concerning the formation of a parking and business improvements
district (PBID) for the purpose of funding municipal parking facilities, pursuant to
Chapter 35.87A RCW; and further provided, that all such construction and uses
shall be subject to the maximum permissible parking space and bicycle parking
requirements set forth in Table 17.72.080; and provided further, if parking
facilities are provided, they must meet the requirements established pursuant to
PIMe 17.72.150 through 17.72.190 regarding parking plan requirements,
minimum dimensions, landscaping, and maintenance.
TABLE 17.72.080 PTMC is hereby amended, and shall read as follows:
Use Minimum Required Maximum Permissible Required Bicycle
Parking Spaces . Parking Spaces Spaces (minimum of
two soaces if not listed)
RESIDENTIAL USES
Multi-familv dwellin~s 1 snace neT unit I'/QM I'/QM
in the C-III zoned
Dortions of the I Jotown
National Landmark
Historic District
SECTION 7. Public Hearing on Ordinance. Pursuant to RCW 36.70A.390, the City
County shall hold a public hearing on this ordinance within 60 days of the passage of this
ordinance. At or immediately after the public hearing, the City Council shall adopt
findings of fact on the subject of these interim regulations either justifYing their
continued effect, or cancel the regulations, or take other appropriate action.
SECTION 8. Severability. If any sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase or work of this ordinance.
SECTION 9. 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.
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Ordinance 2928
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this fifth day of September 2006.
--..uJ lS?~
Mark Weich, Mayor '--
Attest:
~Mc.Zi~
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Approved as to Form:
~~
John Watts, City Attorney
Ordinance 2928