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Home My WebLink About2939 Various PTMC Amendments ORDINANCE NO. 2939 AN ORDINANCE OF THE CITY OF PORT TOWNSEND 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 WHEN ON-STREET FACILITIES ARE NOT PROVIDED; ESTABLISHING A UNIFORM METHOD OF COUNTING DAYS FOR LAND USE PROCESSES; PROVIDING CLARIFYING LANGUAGE REINFORCING THE PROHIBITION AGAINST ESTABLISHING TOURIST HOMES IN ACCESSORY BUILDINGS AND PREVENTING THE FUTURE CONVERSION OF ACCESSORY BUILDINGS CONSTRUCTED BEFORE JUNE I, 1989 TO TOURIST HOMES; CLARIFYING IN TABLE 17.] 6.020 PTMC THAT TRANSIENT USE OF SINGLE F AMIL Y RESIDENCES AND/OR ACCESSORY DWELLING UNITS IS PROHIBITED; CLARIFYING LIMITATIONS ON ACCESSORY DWELLING UNITS; AND ALLOWING THE CONTINUED CONFORMING USE OF CERTAIN PREVIOUSLY APPROVED TRANSIENT ACCOMMODATIONS IN THE C-III ZONING DISTRICT 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, 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; and WHEREAS, Title 17 (Zoning) of the Port Townsend Municipal Code was adopted to fully implement the Comprehensive Plan; and WHEREAS, Title 20 (Administration of Land Development Regulations) was adopted to establish administrative procedures to review proposed project applications consistent with the requirements of the City's adopted Comprehensive Plan and development regulations; and WHEREAS, certain standards and requirements in Title 17 and 20 have been identified as needing clarification; and WHEREAS, the City Council 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, was best served and advanced by adopting interim regulations; 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), authorized the City to Page 1 Ordinance 2939 adopt interim regulations to preserve the status quo while new plans or regulations are considered and prepared; and WHEREAS, the City Council adopted interim regulations on August 21, 2006 as Ordinance 2928; and WHEREAS, the Planning Commission considered in workshop session the need for permanent revisions to Title 17 and 20 to address the identified standards and requirements needing clarification; and WHEREAS, the Planning Commission was further directed by the Council to review requirements and standards associated with tourist homes and transient accommodations; and WHEREAS, the Planning Commission considered in workshop session the need for revisions to the requirements and standards associated with tourist homes and transient accommodations; and WHEREAS, the Planning Commission held a noticed Public Hearing on the proposed revisions on December 21,2006, received public comment, reviewed the record and by a vote of 8 in favor and 0 opposed recommended approval of the proposed revisions; and WHEREAS, environmental review was conducted consistent with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW) and a Determination of Non- significance was issued on January 3, 2007; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Clarification on Density Requirements in R-llI and R-N Zoning Districts. PTMC Table 17.16.030 Residential Zoning Districts - Bulk, Dimensional and Density Requirements, is hereby amended, and shall read as follows (strike is deleted; underline is added): DISTRICT R-I RII R-III R-IV MAXIMUM 4 dwelling units 8 dwelling units 24 .edreoms or ] 6 40 bedrooms or 24 HOUSING (10,000 sfofIot (5,000 sf ofIot units ',T,'Rid~e71er is units whiehever is DENSITY area per unit) area per unit) greal<lf, per 40,000 g<eatef, per 40,000 ( unitslbedrooms sf oflot area sf of lot area per 40,000 square foot area) MINIMUM 25 bedrooms per AVERAGE 40,000 sf oflot HOUSING area 15 units DENSITY (UNlTS/40,000 sauare foot area) Page 2 Ordinance 2939 SECTION 2. Establishment of a Minimum Lot Size for Single Family Attached Housing in the R-llI Zoning Districts. PTMC Table 17.16.030 Residential Zoning Districts - Bulk. Dimensional and Density Requirements, is hereby amended, and shall read as follows(strike is deleted; underline is added): DISTRICT R-I RII R-III R-IV MINIMUM LOT 10,000 sf - single- 5,000 sf - single- 3,000 sf - single- - SIZE family detached family detached family detached; 5 000 sf - single family attached (duD lex)' 7 500 sf - sin2:le family attached (trinlex)' and 10,000 sf~ sinQ"Ie family attached (follrnlex) and multi-family SECTION 3. 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 is deleted; underline is added): "Building height" means the vertical distance from the average natural (ore- existing) grade to the highest ooint of the cooing of a flat roof or the deck line of a mansard roof or the average height of the highest gable of a Ditched or hiooed roof. above a referenee dat'lilll measlIres to the highest point of the eoping of a flat roof or to the seek line of a mansard roof or to the average height of the higheGt gable of a pitehes Elf hipped r-oof. The referenee daGlffi shall be seleeted by either of the f-ellowing, whieheyer yie1ss a greater height of a bHilding: .'.. The eleyatiEln of t-he high€st asj eiHill.g sicle'l.alk or groURd ~mrfaee witl1.in a fi';e foot horizoHlal distaRee of the exterior wall of the bHildiRg vffleH sHeh sidewalk or groHnd sm-faee is not more than 1Q feet abo';e lmvest grade; 6F B. itn ele';ation 10 feet higher than the lowest grade when the sidewalk or grolHid sHffaee deseribed in sHbseetioll. A of this definition is more thaH 10 fcet abo';e low€st grade. The height of a stepped or terraeed bHilding is the maJli_ height of any segment of the building. Page 3 Ordinance 2939 Figure 1. Average Grade and Building Height I- '" .!) iil :r GAADE ........ ........-. ....-- -..-..-A'/rQ<A0e Figure 2. Calculating Average Grade r' -.-. -"- "-. ---"-' - .-.-.-. -.-. -. - .---.- i A_________6 i 1 10' 1 , ill I ~LlC.TURE", : 1'0 10'1 ill : 1 1 i 1 10' 1 i C'----- --I i D i ! I i -.---.-.-.-.-.-.-.-.-.---.---.-.-.-.-j A + B + C + D ~ Average Grade 4 Page 4 Ordinance 2939 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 !We ten feet from the building, between the building and a line !We ten 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 of locating 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. "Average Grade" means a reference established bv averaging the grade elevations at the four comers surrounding a buildinl!. SECTION 4. ADD Parking Requirements. Section 17 .16.020(C)(7) PTMC is hereby amended, and shall read as follows (strike is deleted; underline is added): No additional off street parking is re(]Uired to establish an !.DD; proviaed, that the off stfeet pafking re(]UiremeHts f-er the other lIses on the site are eontiHllOusly met; and proviaed further, that if the aireetor of pulJlie works determines that one or more of the adjoining street frontages fails to meet eity stanslIFas, the property 8WHer shall Be re(]Uirea to sign a no protest agreement with the eity, in a f-orm approved by the eity attorney, eoneeming the future formation of a loeal improvement distriet (LID) for the pllT]lose of fllnaing reaffi'llI'l and streetssape 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 snaces if not listed) RESIDENTIAL USES Accessory Dwelling f,s opeoified in PTMC f.s spedfie<l in PTMC None Units 17. ](i.020(C)(7) 17.1 ~.Q20(C)(7) 1 ~mace in addition to None those reauired for single family dwellioQ units exceDt~ if an imnroved DubHe 00- street snace is nrovided Page 5 Ordinance 2939 I I or av~lablel I I I 1 The design. placement and orooosed construction standards of all on-street soaces nroposed to satisfy this reauirement shall be reviewed and aoproved bv the public works director. and meet City street standards unless waived or modified based on documented factors including consideration of topographv. surrounding conditions. drainal!e. oreservation of oervious surface: and be available on the same side of the street fronting the residence where the ADU is located. SECTION 5. Limitation on ADU Development for Single-familv. Attached Housing. Section 17.16.020 PTMC is hereby amended, and shall read as follows (strike is deleted; underline is added): C. Accessory Dwelling Units - Limitations on Use. One accessory dwelling unit (ADD) may be established only as an accessory use to a single-family. detached residence (and specificallv. not including a duplex. triolex or fourplex) provided the following conditions are continuously met: [Balance of Section C, sub paragraphs 1-7, is printed below, and is not amended by this Ordinance.] SECTION 6. Standardize Calculation of Days for Land Use Actions. Section 20.01.010 PTMC is hereby amended, and shall read as follows (strike 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 oeriod 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 measuring davs within the PTMC, the orovision of this section shall orevail. End of the dav shall be 4:00 p.m. SECTION 7. Section 17.08.060 PTMC is hereby amended, and shall read as follows (strike is deleted; underline is added): "Tourist Home" "Tourist home" means a building which provides the primary residence for the owners and which offers not more than two guestrooms for hire to transient guests for sleeping purposes only. A tourist home or a portion thereof lawfullv established orior to June 1. 1989 may be located in an accessory building wllieh '.vas lawfully established prior to J_e 1, 1989. A tourist home is a transient accommodation and shall conform to the definition thereof. SECTION 8. Table 17.16.020 Residential Zoning Districts - Permitted, Conditional and Prohibited Uses is hereby amended, and shall read as follows (strike is deleted; underline is added): DISTRICT Page 6 APPLICABLE REGULATIONS/NOTES Ordinance 2939 SINGLE-FAMILY RESIDENTIAL USES Transient Use of Sinole-familv 2!, 2!, 2!, 2!, See PTMC 17 08 020 "Transient Residential Uses iincludino Accommodation" dUDlexes triolexes and fourolexes and cottaoe housino) MUL TIFAMIL Y RESIDENTIAL USES Transient Use of Multi-familv 2!, 2!, ~ X ISee PTMC 1708020 "Transient Residential Uses - IAccommodation" SECTION 9. Pre-existing, Legal. Single Unit Transient Accommodations in the Downtown C-llI Zoning District. The following single unit transient accommodations located in mixed- use structures in the C-III zoning district were legally established prior to January 1, 2007 and shall be considered legal, conforming uses: Single Unit Transient Address Legal Description and Accommodation Property Number Inn at Waterfront Place 632A Waterfront Place Port Townsend Original Tract Blk. 6 Lot 6 (LS TX 19),8 (TX 20) TL DIST 30 A Suite at the Fountain Park Place Building Port Townsend Original 914 Washington Street Tract Blk. 57 Lots I(LS N20'),3 (S70' ofEl/2) SUBJ/JLT CONSERV EASE V4l8/P508 Upon adoption of this ordinance a Notice to Title shall be recorded for each property that states the following: The City of Port Townsend has determined that the subject property contains a legal, conforming single unit transient accommodation. Continued operation of the facility shall be allowed provided that the use is not discontinuedfor a period of 365 or more consecutive calendar days, whereupon it shall lose its conforming status, and the continued use of the property shall be required to conform with the provisions of Title 17 PTMC. SECTION 10. 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 11. Effective Date. 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. Page 7 Ordinance 2939 Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this fifth day of February, 2007. Attest: Approved as to Form: (~-+{ - AZ/tnc,l: . /1" c'~"---- Pamela Kolacy, CMC, City Cler <7L__---crcc~) John P. Watts, City Attorney Page 8 Ordinance 2939