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HomeMy WebLinkAbout2175 Off-Street Parking and Loading RequirementsORDINANCE NO. . 2175 2 3 4 5 6 7 8 AN ORDINANCE relating to zoning and parking and loading requirements; establishing Chapter 17.30, Off-Street Parking and Loading Requirements; adding new sections; amending Sections 17.16.030, 17.08.365, 17.16.010, 17.20.010, 17.40.030, 17.40.040, and 17.64.045; and repealing Chapters 17.24, 17.28 and 17.32 of the Port Townsend Municipal Code. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: Section. 1. A new Chapter 17.30 is hereby added to the Port Townsend Municipal Code entitled: Chapter.17.30 OFF-STREET PARKING AND LOADING sections: 17.30.010 Purpose. 17.30.020 off-street parking and loading requirements. 17.30.030 Existing off-street parking facilities. 17.30.040 Expansion. 17.30.060 Change of use. 17.30.080 Mixed occupancies. 17.30.100 Table of minimum parking space requirements. 17.30.110 Fractional parking spaces. 17.30.120 Uses not specified. 17.30.140 Location. 17.30.160 On-street parking spaces. 17.30.180 Bed and breakfast inns--Reduced requirements. 17.30.200 Downtown uses--Reduced requirements. 17.30.220 Joint use. 17.30.240 Waiver of requirements--Fee-in-lieu-of parking spaces. 17.30.260 In-lieu parking fees--Fund created--Parking improvement plan. 17.30.280 Parking facilities--Plan required. 17.30.300 Parking facilities--Minimum dimensions. 17.30.320 Parking facilities--Landscaping. 17.30.340 Parking facilities--Maintenance. 17.30.360 Off-street loading and queuing spaces--Number required. - 1 - (Port Townsend 1/90) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 2. A new Section 17.30.010 is hereby added to the Port Townsend Municipal COde to read as follows: 17.30.010 ae Be Ce Purpose. The purpose of this chapter is to prevent congestion in the streets, promote and protect property values and to provide for the health, safety, welfare, prosperity and enjoyment of residents, shoppers and visitors. Reduced or waived parking requirements are provided for in the Downtown Parking District because of the relative scarcity of available land, more efficient use of available parking in such densely-used areas, and in support of the historic preservation goals of the City. On-street parking spaces are allowed in lieu of off- street parking spaces for bed and breakfast inns in historic buildings in support of tourism and historic preservation goals. Parking provisions are set forth as minimum standards in order to preserve land for other purposes. Section 3. A new Section 17.30.020 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.020 A. Be Ce De Se Off-street parking and loading requirements.. Parking and loading areas shall be provided in accordance with the minimum requirements provided in this title whenever 1. any building is constructed, erected, relocated or expanded; or 2. any use is established, changed or relocated. Where current or anticipated parking congestion warrants, greater requirements may be imposed by the board (City Council) pursuant to a conditional use permit (17.64.030 and 17.64.040) or determination pursuant to Title 19, Environmental Protection. Parking and loading requirements shall be developed to the plans and specifications provided and approved pursuant to Section 17.30.280. The provisions of off-street parking and loading in the manner and extent required in this chapter shall be a continuing obligation of the owner of a given building or use as long as the use is in existence, provided, however, that any owner granted a waiver of certain requirements pursuant to Section 17.30.240 shall be thereafter relieved of such requirements provided that all required fees have been paid. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except as may be provided in Section 17.30.220, Joint use. Except as otherwise provided herein, required parking areas shall be used for motor vehicle parking only, - 2 - (Port Townsend l/q0 ) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44- with no sales, storage, repair work or dismantling of any kind. Removal, discontinuance or reduction of such required parking and loading facilities from practical use by obstruction, erection of buildings, or other actions which reduce the parking or loading capacity or usefulness thereof is prohibited unless replacement facilities are established which meet the requirements of this chapter; provided, however, that up to ten percent (10%) of required parking areas which have at least ten (10) parking spaces may be used for bicycle racks and/or solid waste recycling facilities. Section 4. A new Section 17.30.030 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.030. Existing off-street parking facilities. Unless otherwise provided by the board (City Council) pursuant to a conditional use permit (17.64.030 and 17.64.040) or determination pursuant to Title 19, Environmental Protection, existing off-street parking facilities which serve existing uses which were established prior to AuguSt 17, 1971, shall be considered optional off-street parking, and may be removed or eliminated at the discretion of the owner without notice, penalty or obligation. Section 5. A new Section 17.30.040 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.040 Expansion. Whenever any building is expanded in floor area, or whenever an outdoor use is expanded in activity area, off-street parking shall be provided for the uses to be established in such expansion in accordance with the requirements of this chapter; provided, however, that for an expansion within the Port Townsend National Historic District, if the parking requirement determined for the area of such expansion, together with the total area of all expansions to the facility which have occurred within the ten (10) years preceding the proposed expansion (not including expansions permitted prior to the effective date of this ordinance), is four (4) or fewer parking spaces, there shall be .no off-street parking requirement for such expansion. Section 6. A new Section 17.30.060 is hereby added to the Port Townsend Municipal Code to read as follows: - 3 - (Port Townsend 1/90) 1 2 3 4 5 6 7 8 9 10 11 12 17.30.060 .Change Of use. A. Except as provided in subsection (E) of this section, whenever use of an existing building or portion is changed to a different use, off-street parking shall be provided in accordance with the provisions of this chapter; provided, however, that such requirement shall be reduced by the number of spaces required for the pre-existing use as if such pre-existing use had been established pursuant to this chapter. For example, if a 2000-square-foot clothing store was to be replaced by a restaurant, the parking requirement would be computed as follows: 13 14 15 16 Restaurant (2000 / 100 sq. ft.) = less pre-existing use requirement clothing (2000 / 300 sq. ft.) = Required parking for new use = 20 spaces 7 spaces 13 spaces 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Ce De Eo The reduction provided in subsection (A) of this section applies whether or not the pre-existing use was established pursuant to this chapter. In the event the building in which the new use is to be established is served by existing off-street parking facilities, the required parking for the new use shall be reduced by the number of existing off-street parking spaces which exceeds the required parking for the existing uses in the building. For the purposes of this section, any use or portion thereof which has been discontinued for a period of two (2) years or more shall not be considered a pre- existing use. For a use to be established in the portion of a building which was constructed prior to August 17, 1971, within either the Downtown Parking District or the commercial zones within the National Historic District, the off-street parking requirement computed pursuant to subsection (A) of this section shall be reduced by ten (10) parking spaces; provided, however, that for any such use other than restaurants, apartments, condominiums, hotels or uses subject to a conditional use permit, which are to be located on a separate floor above street level, there shall be no off-street parking requirement. 42 43 SectiQn 7. A new Section 17.30.080 is hereby added to the Port Townsend Municipal Code to read as follows: 44 45 46 17.30..080. Mixed occupancies. A. In the case of two or more uses in the same building, the total off-street parking requirementS for the - 4 - (Port Townsend 1/90) 7 8 9 10 11 12 13 Be various uses shall be the sum of the requirements for the principal uses computed separately. Any reductions which may apply to such requirements shall also be computed separately for each use. Section. 8. A new Section 17.30.100 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.100 Table of minimum parking space requirements.. Unless otherwise provided in this title, the required number of off-street parking spaces shall be in conformance with Table 17.30.1. For purposes of this chapter, gross floor area shall not include elevator shafts, stairwells or mechanical equipment rooms. Where alternative requirements result in conflicting computations, the greater shall apply. 14 Table 17.30.1: Minimum Parking Space Requirements 15 USE 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Banks and other financial offices with customer services on premises Bed and breakfast inns, tourist homes Boat building/repair Child day care centers as defined in Chapter 388-73 WAC or as hereafter amended Churches, mortuaries, auditoriums and similar places of assembly Convalescent homes for aged Dance halls, skating rinks, similar recreation uses REQUIRED PARKING SPACES 1 per each 200 sq. ft. of gross floor area 2 pluS 1 per sleeping room 1 per 1500 sq. ft. gross floor area of the building 1 loading space if serving 12 or fewer children, otherwise 1 parking space per employee plus 2 loading spaces. 1 per 4 seats or 60 lineal inches of pew or 40 square feet of gross floor area used for assembly purposes 1 per each 5 beds 1 per 200 sq. ft. of floor area used for recreation - 5 - (Port Townsend 1/90) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 USES Dry cleaners, appliance and shoe repair shops, bakeries without customer seating, similar front counter uses Ferry landing Furniture, major appliance, floor covering, hardware stores if less than 1,500 sq. ft. floor area if more than 1,500 sq. ft. floor area Health and physical fitness clubs and facilities Hospitals Libraries and museums Manufacturing uses, research testing and processing, assembling, all industries except boat building/repair Medical, dental or veterinary offices Moorage facility other than those reserved for exclusive use of an adjacent residence Motels, hotels, motor hotels Motor vehicle, machinery, plumbing, heating, ventilating, building supply stores and services REQUIRED.PARKING SPACES 1 per 500 sq. ft. of gross floor area Determined by the Board (City Council) when considering conditional use permit application. 1 per 300 sq. ft. gross floor area 5 spaces + 1 per each 600 sq. ft. in excess of 1,500 sq. ft. 1 per 200 sq. ft. of gross floor area 1 per each 2 beds excluding bassinets 1 per 300 sq. ft. of gross floor area 1 per each 2 employees on maximum shift and not less than 1 per 800 sq. ft. of gross floor area 1 per each 200 sq. ft. of gross floor area 1 per each 2 slips, excluding slips used only for transient moorage 1 per sleeping unit 1 per 1,000 sq. ft. of gross floor area or 1 per each 3 employees - 6 - (Port Townsend 1/90) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 USES Motor vehicle, motorcycle and small engine repair Offices, business and professional (other than banks, medical, dental or veterinary offices) with on- site customer service Offices not providing on-site customer services Recreation, commercial center Residential, single-family; mobile home parks Residential, duplex or multi- family Residential, government assisted housing for elderly residents subject to footnote2 below Restaurant or tavern with sales and consumption on premises Restaurant, fast food Retail, not otherwise listed if less than 5,000 sq. ft. floor area if over 5,000 sq. ft. floor area Rooming houses, similar uses REQUIRED. PARKING SPACES 1 per 400 sq. ft. of gross floor area 1 per 300 sq. ft. of gross floor area 1 per 4 employees or 1 per 400 sq. ft. of gross floor area 4 per each bowling alley, tennis or racquetball court, pool or billiard table; or 1 per each miniature golf hole or each 3 video games. 2 per dwelling unit or mobile home space 1.5 per dwelling unit, plus recreational vehicle spaces for large developments pursuant to footnote~ below. 1 per each 3 bedrooms 1 per 100 sq. ft. of gross floor area 1 per 50 sq. ft. of gross floor area 1 per 300 sq. ft. gross floor area 17 + 1 per each 100 sq. ft. in excess of 5,000 sq. ft. 1 per sleeping unit - 7 - (Port Townsend 1/90) 1 2 9 10 11 12 13 14 15 16 ,USES Schools, pre-school Schools, elementary and junior high Schools, senior high Schools, adult education Stadiums, sports arenas and similar open assemblies Storage areas which are incidental and subordinate to a principal use which otherwise conforms to this chapter Theaters Warehouse, storage and wholesale business REQUIRED.PARKING SPACES 1 loading space if serving 12 or fewer children, otherwise 1 parking space per employee plus 2 loading spaces. 1 per classroom, plus two loading spaces 6 per classroom 1 per each 4 fixed seats or 1 per 50 sq. ft. of gross floor area used for classrooms, exercise, dance or rehearsal. 1 per 8 fixed seats and 1 per 100 sq. ft. of assembly space without fixed seats No requirement 1 per 4 seats 1 per each 2 employees on maximum working shift 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Footnotes on Table 17.30.1: ~For multi-dwelling developments of more than fifty (50) dwelling units, one visually screened space for each ten (10) dwelling units shall be provided for recreational vehicles. 2Sufficient land area must be reserved to provide parking as a multi-family residential use in the event the development is later converted, scheduled public transit service must be available within two hundred feet (200') of the main entrance to each building, and sidewalks must be installed to and along each street frontage. If scheduled public transit service is not available within two hundred feet (200'), the parking requirement shall be 1 space per bedroom. - 8 - (Port Townsend 1/90) 1 2r 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 Section 9. A Section 17.30.110 is he added to the Port Townsend Municipal Code to read as follows: 17.30.110 Fractional.spaces. If the provisions of this chapter result in a parking requirement which includes a fractional parking space, any fraction less than one-half shall be disregarded, and fractions of one-half or greater shall require one parking space. Section 10. A new Section 17.30.120 is hereby added to the Port Townsend Municipal Code to read as follows: t7.30.120 Uses not specified. In the case of a use not specifically mentioned in this chapter, the requirements for off-street parking facilities shall be determined by the board (City Council) based on similar uses for which requirements are specified. Section 11. A new Section 17.30.140 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.140 Location. A. Off-street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured along the shortest safe pedestrian way from the nearest point of the parking facility to the nearest entrance to the building which the facility is required to serve: 1. For one and two family dwellings: on the same lot with the dwellings the parking spaces are to serve; 2. For multiple dwellings, boardinghouses, retirement homes, congregate care facilities, and tourist homes: not more than one hundred feet (100); 3. For restaurants, taverns, retail establishments, hospitals, sanitariums, convalescent homes: not more than two hundred feet (200'); 4. For uses in the Downtown Parking District: within or immediately adjacent to the Downtown Parking District if parking facilities will be open to the public without charge or fee, otherwise not more than two hundred feet (200'); 5. For bed and breakfast inns: not more than two hundred feet (200'); and 6. For uses other than those specified above: not more than five hundred feet (500'). Section 12. A new Section 17.30.160 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.160 On-street parking spaces. A. If the proposed parking area plan submitted pursuant to Section 17.30.280 would require elimination of one or more existing on-street parking spaces within th C-III zoning district, the parking requirements prescribed in Section 17.30.100 are increased by two (2) off-street - 9 - (Port Townsend 1/qO ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 spaces each on-street space to liminated; provided, that the building official may waive all or part of any such increase upon a showing to his/her satisfaction that one or more of the spaces to be eliminated had been created by permission of the applicant within the six (6) years preceding the proposed building, use or expansion. Be If, however, such parking area plan would restore one or more existing on-street parking spaces within the C- III zoning district by reducing existing curb cuts or other conflicts, the off-street parking requirements prescribed in Section 17.30.100 are reduced by two (2) off-street parking spaces for each on-street parking space restored by said plan. Section 13. A new Section 17.30.180 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30~180 Residential transient.accommodations--Parking requirements. A bed and breakfast inn or a tourist home shall provide two (2) off-street parking spaces for the owner's use plus one off-street parking space for each guest room, provided that for a bed and breakfast inn in a building which is: a. individually listed on the National Register of Historic Places, or b. identified as either a pivotal, primary or secondary building on the map which accompanied the certification of the Port Townsend Historic District on May 17, 1976; the required number of off-street parking spaces shall be reduced by the number of on-street parking spaces which are located on that portion of the public street right-of-way which is abutting the front and side lot lines of the property. In such instances, one on-street parking space shall be counted for each continuous twenty feet (20') of abutting street frontage, less the twenty feet (20') closest to each street intersection and any frontage which may not be safely used for on-street parking due to the presence of driveways, hydrants or other conflicting uses. SectiQn. 14, A new Section 17.30.200 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.200. Downtown.or Uptown.Uses--Reduced Requirements. Subject to footnote2 below, for a use to be established 43 44 45 46 47 48 49 50 2The reductions provided in this section are available at the option of the applicant if and only if the applicant executes an agreement, in form and substance acceptable to the City, agreeing to join in, and not to oppose or protest, a petition or resolution to establish a parking and business improvement area pursuant to RCW 35.87A or a local improvement district pursuant to RCW 35.43. Any such agreement shall comply with any applicable laws and may, at the City's option, be recorded with - 10 - (Port Townsend 1/90) & 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 within eithe~e Downtown Parking Distr~ or the commercial zones within the National Historric District, the parking requirements shall be reduced to seventy percent (70%) of the requirements which would otherwise apply pursuant to Section 17.30.100; provided, that A. the proposed building or building expansion in which the use is to be established is found by the Port Townsend Historic Preservation Commission to contribute to the Port Townsend Historic District; or B. the use is to be established in an existing building which is 1. individually identified as either a pivotal, primary or secondary building on the map which accompanied the certification of the Port Townsend Historic District on May 17, 1976, the names of which buildings are listed in Section 17.70.010; or 2. has been certified by the Secretary of the Interior to be a contributing structure to the Port Townsend Historic District; provided further, that if such building has been significantly altered since so identified or listed, the city may require that the building be recertified by the Secretary of the Interior before granting the specific parking reduction provided by this section. Section 15. A new Section 17.30.220 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30,.220 Joint use. A. The board (City Council) may authorize joint use of parking facilities required by this chapter through a joint use agreement between a use which requires parking primarily during the day (hereinafter, "daytime uses") and a use which requires parking primarily during the night (hereinafter, "nighttime uses"). Daytime uses are such establishments as banks, offices, retail and personal service shops, clothing, furniture, manufacturing, or wholesale and related uses. Nighttime uses include theaters, auditoriums, bowling alleys, bars, restaurants, lodgings and related uses. Be The portion of parking facilities serving retail stores selling groceries and related items may not be used for joint use parking. No more than one joint use parking agreement may be applied to each portion of any parking facility. The applicant shall show that there is no substantial conflict between the principal operating hours of the buildings or uses for which joint use of off-street parking facilities is proposed. 50 51 52 53 the Jefferson County Auditor, bind the landowner, applicant, their heirs, successors and assigns, and contain a power of attorney in favor of the City to execute any such petition on behalf of the applcant or owner. - 11 - (Port Townsend 1/90) J1 2 3 4 5 6 7 8 9 10 11 12 13 14 Ee Th~plicant shall present a ~ding legal agreement, executed by the parties holding an ownership interest in the properties subject to the proposed joint use parking agreement. The agreement shall be irrevocable for the term of the proposed joint use parking and shall provide that in the event that the joint use parking becomes unavailable, replacement off-street parking shall be provided or the use shall be discontinued. Such instrument, after approved as to form and manner of execution by the city attorney, shall be approval by the board (city Council), recorded with the county auditor, and filed with the building official. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 16- A new Section 17.30.240 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.240. waiver of requirements--F.ee-in,lieu-ofvparking spaces. A. Within the Downtown Parking District, the board (City Council) may waive all or part of the parking requirements prescribed in Section 17.30.100 upon request by the applicant to pay a fee into the Parking Improvement Fund pursuant to Section 17.30.260 in- lieu-of furnishing the required parking spaces. In making its determination on the request, the board (City Council) shall consider: 1. The extent to which the parking requirements which apply to the proposed development impose a particUlar hardship upon the applicant; 2. Whether granting the request would be unreasonably burdensome to other property owners in the Downtown Parking District; and 3. Whether granting the request would lead to a better overall result than would strict adherence to the parking requirements of this chapter for the purposes of encouraging appropriate land uses, improving pedestrian circulation and achieving better parking design. B. The fee-in-lieu of parking spaces shall be $3,660 per space required or such other amount as the City Council shall hereafter set by ordinance. C. Any such agreement shall be made in compliance with applicable state laws. - 12 - (Port Townsend 1/90) 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Se.ction 17. A Section 17.30.260 is her~ added to the Port Townsend Municipal Code to read as follows: 17.30.260 In-lieu Parking Fees--Fund Created--Parking Improvement Plan. A. There is hereby created in the city treasury a special fund designated the "Parking Improvement Fund" into which in-lieu parking fees shall be deposited to be expended only for public improvements listed in a Parking Improvement Plan adopted by the City Council. The City Council may from time to time direct that other monies be transferred into the fund to be used for the purposes of the fund. B. The fund shall be used exclusively for planning, acquisition, design, development, construction, financing, maintenance and operation of off-street parking facilities within or immediately adjacent to the Downtown Parking District, all consistent with the specific project priorities set forth in the Parking Improvement Plan as hereafter adopted or amended by the city Council. Section ~8. A new Section 17.30.280 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.280 Parking facilities--plan required. The applicant shall submit a plan of proposed parking facilities at the time of the application for the building or use which the parking facilities will serve. The plan shall include the following: A. North point and scale. B. All adjacent streets, alleys, sidewalks and curbs. C. Storm drainage facilities, designed and approved in accordance with Chapter 16.12, Drainage Plans. D. Ownership of entire lot or parcel to be developed. E. Existing and proposed land contours. F. Existing trees which have a trunk diameter of six inches (6") or greater measured four feet (4') above grade. Outline of all existing and proposed structures. Completely dimensioned parking layouts, clearly showing all parking stalls, driveways and aisles; with parking stalls sequentially numbered. I. All traffic control devices such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs, and other developments. J. Parking stalls, aisles and driveways shall be clearly marked as follows: 1. Hard-surfaced parking areas shall use white paint or equivalent material to delineate stalls and directional arrows; and each stall developed to compact car dimensions shall be clearly labelled "COMPACT" on the parking surface. 2. Gravel or unsurfaced parking areas shall use wood or concrete bull rails or wheel stops to delineate stalls, with posted signs to direct Go - 13 - (Port Townsend 1/qo ) t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Ke ~raffic; and each stall diloped to compact car dimensions shall be clearly labelled "COMPACT" on the bull rails or wheel stops of each stall. Where pedestrian walkways are delineated, they shall be separated from vehicular traffic by curbs or shall be raised at least six inches (6") above the lot surface. All driveways and off-street parking areas which have four (4) or more parking spaces and which exit onto a hard-surfaced public street, shall be surfaced with a minimum of two inches (2") of asphaltic concrete for a driving distance of at least forty feet (40') from such street. Landscaping shall be shown pursuant to Section 17.30.320. Lighting of areas provided for off-street parking shall be designed and arranged to prevent a nuisance or hazard to passing traffic, and where a parking facility shares a common boundary with any residentially-zoned property, the lighting devices shall be shaped and directed to shield the light from such neighboring property. Section.19, A new Section 17.30.300 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.300 Parking facilities--Minimum dimensions. A. Preliminary parking plans which do not show each parking space, access aisle and driveway pursuant to Section 17.30.280, or areas reserved for future parking on a gross area basis, shall allow three hundred (300) square feet per vehicle. B. Standard sized parking spaces. 1. Standard sized parking spaces placed parallel to the access driveway or aisle shall be a minimum of nine feet (9') wide and twenty-three (23') feet long. Driveways or aisles serving standard sized parallel spaces shall be a minimum of twenty feet (20') wide for two-way traffic or twelve feet (12') wide for one-way traffic. 2. Standard sized parking spaces placed at an angle to the access driveway or aisle shall conform to the minimum dimensional requirements for standard sized cars set forth in Table 17.30.2, Minimum Parking Lot Dimensions. C. Compact sized parking spaces. 1. When more than ten (10) parking spaces are required for a particular use, one-half of the parking spaces may be designated as "compact" spaces and be developed in conformance with the minimum dimensional requirements for compact sized cars set forth in Table 17.30.2, Minimum Parking Lot Dimensions. 2. Compact car sized parking placed parallel to the access driveway or aisle shall be a minimum of eight feet ($') wide and twenty feet (20') long. Driveways or aisles exclusively serving compact - 14 - (Port Townsend 1/qo ) ~\-~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 De So si~ parallel parking spaces be a minimum of twenty feet (20') wide for two-way traffic or eleven feet (11') wide for one-way traffic. Compact sized parking spaces placed at an angle to the access driveway or aisle shall conform to the minimum dimensional requirements for compact sized cars set forth in Figure 17.30.2, Table of Minimum Parking Lot Dimensions. Every compact sized parking space developed pursuant to this chapter shall be clearly identified as such by painting the word "COMPACT" in upper case, block letters on the pavement within the space or, in the case of unpaved parking stalls, on the bull rails or wheel stops of each such stall. Tandem parking spaces (allows forward car to be blocked by second car parked immediately behind) are permitted as follows: one per single- or two-family dwelling one per each four (4) multi-family dwelling units otherwise, one per each four (4) employees The minimum number and dimensions of parking spaces for disabled persons shall be provided pursuant to applicable state laws and regulations. No single curb cut shall be wider than twenty- five feet (25'). For parking lots with fewer than ten (10) parking spaces, a single curb cut which is no wider than twelve feet (12') is allowed. Parking lots with separate points of ingress and egress shall have curb cuts of maximum width of twelve feet (12') separated by a distance of at least twenty feet (20'). - 15 - (Port Townsend T~ble 17.30.2: MI~MUM PARKING LOT DIMENSION~ A 30° 45° 60° 90° STANDARD SIZED SPACES B C D 9-0' 17.3' 12.0' 9-0' 19.8' 15.0' 9.0' 21.0' 18.0' 9.0' 19.0' 24.0' E 12.o' 12.0' 17.0' 19.0' 9 10 11 12 13 COMPACT SIZED SPACES A B C D E 30° 8.0' 14.9' 12.0' 12.0' 45° 8.0' 17-0' 13.0' 12.0' 60° 8.0' 17.9' 16-0' 15-0' 90° 8.0' 16-0' 22.0' 18.0' KEY TO TABT.RS I D (2-way) I E (1-way) I - 16 - (Port Townsend l/q0 ) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 Section 20. A n~ Section 17.30.320 is her Port Townsend Municipal Code to read as follows: added to the 17.30.320 Parking facilities--Landscaping. A. Purpose: The purpose of this section is to achieve the following: 1. Provide an opportunity for preservation and development of a pleasing visual environment in the commercial, industrial and multi-family residential districts of the city from the viewpoint of residents and visitors. 2. Preserve land values of properties surrounding off- street parking facilities. 3. Avoid and reduce visual blight which may be created by large expanses of barren asphalt which often make up parking lots. 4. Provide for the health, safety, and general welfare of the citizens by minimizing discordant and unsightly surroundings, assuring vehicular visibility at intersections, and providing for the beauty and balance of the city, as are the proper and necessary concerns of the City Council. B. Applicability: This section applies to all surface, off- street parking lots in the city of Port Townsend, excluding those which are accessory to single- or two-family dwellings. C. Performance standards: The applicant shall submit a parking landscaping plan as required by Section 17.30.280 in accordance with the following standards: 1. Provide visual relief and shade in parking areas. 2. Provide visual separation and screening of parking areas from public streets, pedestrian areas and surrounding uses. 3. Preserve and protect existing, significant trees. 4. Plant species which: a. fulfill the screening, shading and appearance purposes of the landscaping in all seasons. b. provide a desirable diversity of species. c. will be comparable in scale to surrounding existing and anticipated uses when plants reach maturity. d. are native to the regional environment or readily adaptable to local conditions. e. will not create particularly burdensome maintenance or damage problems such as large leaf debris, dripping sap, or pavement damage. f. will not require regular irrigation under normal local weather conditions after five (5) years of growth. 5. Planting methods which follow accepted nursery standards and practices suited to the particular conditions of the site. 6. Provide protection of trees from vehicular damage. 7. Provide adequate watering system and unpaved areas around plantings. 8. Preserve necessary sight triangles at intersections so vegetation will not create a vehicular sight hazard. D. Minimum Standards: Excepting the Downtown Parking District, or excepting alternate plans authorized pursuant to - 17 - ( Port Townsend 1 2~ 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 subsection this section, each paring lot landscaping plan shall provide for the following minimum landscaping installations: 1. Perimeter landscaping adjacent to public rights-of- way: Off-street parking lots which will not be entirely screened visually by an intervening building or structure from any abutting public right-of-way, excluding dedicated alleys, shall provide landscaping between the parking lot and such right-of-way in accordance with the following minimum requirements: a. A five-foot-wide (5') planting strip along the entire street frontage, excluding driveways. b. One tree for each thirty-five (35) lineal feet of street frontage or fraction thereof, excluding driveways. c. Each tree shall be healthy "balled and burlapped" stock and carefully planted in a planting area of at least twenty-five (25) square feet, unless planted as a street tree within a sidewalk in accordance with city street tree planting standards. d. Each required deciduous tree shall measure a minimum of two inches (2") in diameter at three feet (3') above the ground level at time of planting. e. Each required evergreen tree shall have a minimum height of eight feet (8') at time of planting. f. The remaining planting strip area shall be planted with shrubs and ground cover sufficient to provide substantial visual screening to a height of approximately four feet (4') within three (3) years. g. Required shrubs shall be a minimum height of two feet (2') at time of planting. h. All property other than the required landscaped strip lying between the right-of-way and off- street parking area shall be landscaped with at least grass or other ground cover. 2. Perimeter landscaping abutting other properties: Off- street parking lots which will not be entirely screened visually by an intervening building or structure from abutting property shall provide landscaping between the parking lot and such abutting property in accordance with the following minimum requirements: a. Where parking lots abut residentially-zoned property, a wall, hedge, or other durable landscape barrier not less than five feet (5') in height shall be placed to form a continuous visual screen between the parking lot and such abutting property. One of the following methods shall be used to provide such barrier: 1) Suitable hedge-type shrubs sized and planted to provide a solid screen within five (5) years of planting. 2) Solid fencing with shrubs planted in front a minimum of ten feet (10') on center to grow - 18 - (Port Townsend l/q0 ) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 at least five feet (5')Within five (5) years of planting. If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than five feet (5') in width. Where such parking lot abuts an existing hedge, wall or other durable landscaping barrier on abutting property, such barrier may be used to satisfy the requirements of this subsection, provided that such existing barrier substantially meets the standards of this section and protection against vehicular encroachment is provided for hedges. b. One tree shall be placed for each fifty (50) lineal feet of such landscape barrier or fraction thereof, otherwise planted to the standards set forth for perimeter landscaping in subsection (1) above. c. Where such parking lot abuts a dedicated alley, no landscaping shall be required. 3. Parking lot interior landscaping: Each parking area which has twenty (20) or more parking spaces shall provide interior landscaping in accordance with the following minimum standards: a. At least ten percent (10%) of each such parking area shall be used for interior landscaping. b. No parking space shall be greater than fifty feet (50') from a landscaped area. c. Each landscaping area shall contain at least twenty-five (25) square feet of area and must be at least four feet (4') in any direction. d. Each landscaping area shall contain at least one deciduous tree which measures a minimum of two inches (2") in diameter at three feet (3') above the ground level at time of planting. The remaining ground area shall be landscaped with plant materials. Preservation of significant trees: 1. The applicant shall retain all significant trees within the required perimeter landscaping strip, excluding those which will constitute a safety hazard. Within the interior of parking areas, at least fifteen percent (15%) of healthy trees over sixty feet (60') in height shall be preserved. 2. Up to ten percent (10%) of the required parking spaces may be eliminated at the rate of one parking space for each additional significant tree preserved, provided such trees do not provide a safety hazard. 3. For the purposes of this subsection, any healthy tree which has a trunk diameter of six inches (6") or larger shall be considered a significant tree. Alternate parking lot landscaping plans may be approved by the planning director upon a showing to his/her satisfaction that (1) due to the physical characteristics of the site or those of abutting properties, strict adherence to the minimum standards set forth in subsection (D) of this - 19 - (Port Townsend 1/~d ) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 section would~ unsafe or unnecessary t~chieve the purposes of this title or unreasonably burdensome upon the applicant; and (2) the alternate plan proposed would satisfy the performance standards set forth in subsection (C) of this section. Section 21. A new Section 17.30.340 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.340 Parking facilities--Maintenance. A. It shall be the responsibility of the property owner to maintain all off-street parking, pedestrian and landscaping facilities on his/her property and any abutting public sidewalks and landscaping areas. Such maintenance shall include removal and replacement of dead and dying trees, grass and shrubs; removal of trash and weeds; and, within the off-street parking facilities, repair of traffic control devices, signs, light standards, fences, walls, surfacing material, curbs and railings. B. Cutting and pruning of trees in any public rights-of- way shall be conducted in accordance with the provisions of Title 12, Streets and Sidewalks. Section 22. A new Section 17.30.360 is hereby added to the Port Townsend Municipal Code to read as follows: 17.30.360 required. A. Off-street loading and queuing spaces--Number Each department store, freight terminal, hospital, sanitarium, industrial or manufacturing establishment, retail or wholesale store, supply house, ~~, laundry, dry cleaning establishment, storage warehouse or similar use where large amounts of goods are received or shipped shall provide the minimum number of truck loading spaces indicated by the following table: Aggregate gross floor area (in square feet) Minimum number of spaces Less than 10,000 10,000 to 15,999 16,000 to 39,999 40,000 to 65,000 each additional 16,000 None 1 2 3 1 additional - 20 - (Port Townsend 1/qo_) 2 3 4 Bo Each aud~rium, convention or exhi~ hall, sports arena, hotel, office building, restaurant, or similar use shall provide the minimum number of truck loading spaces indicated by the following table: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Aggregate gross floor area (in square feet) Minimum number of spaces Less than 40,000 40,000 to 59,999 60,000 to 99,999 100,000 to 160,000 each additional 60,000 None 1 2 3 1 additional Co De Each loading space shall be not less than ten feet (10') feet in width and twenty-five feet (25')in length, and shall have a vertical clearance of at least fourteen feet (14') in height. All banks, savings and loan associations, fast food restaurants, and other businesses which maintain drive- inn facilities shall provide sufficient vehicular queuing space to prevent obstruction of public rights- of-way or private driveways or aisles during peak business hours. Section 23. A new Section 17.08.182 is hereby added to the Port Townsend Municipal Code to read as follows: 17.08.182 Ferry landing. "Ferry landing" means a dock used for loading passengers or motor vehicles to any commercial waterborne vessel on which transportation is offered for compensation. Section 24. A new Section 17.08.397 is hereby added to the Port Townsend Municipal Code to read as follows: Section 17.08.397 Restaurant or tavern. "Restaurant" or "tavern" means an establishment (excluding fast food restaurants) which sells prepared food or beverages and generally offers accommodations for consuming the food or beverages on the premises. Section 2~. A new Section 17.08.398 is hereby added to the Port Townsend Municipal Code to read as follows: Section 17.08.398 Restaurant, Fast Food. "Fast food restaurant" means an establishment which offers quick food service which is accomplished through a limited menu of easily produced items. Orders are not taken at the customer's table and food is generally served in disposable wrappings or containers. Section 26. Section 17.08.365 of the Port Townsend Municipal Code is hereby amended as follows: - 21 - (Port Townsend 1.~ ) 2 3 4 5 6 ~ace. "Parking spac.~eans a space within or without a building, exclusive of driveways, ~e~-By-~we~y-~ee~7)) used to temporarily park a motor vehicle and having access to a public street or alley. Section 27. Section 17.16.010 of the Port Townsend Municipal Code is hereby amended as follows: - 22 - (Port Townsend PERMITTED AND CONDITIONAL USES z O O I I I I I I I Art supply retail sales Asphalt manufacture or refining Assembly halls, coliseums, stadiums Assembly of machines and appliances from previously prepared parts Assembly of machines and appliances from previous- ly prepared parts. Automobile (new and used) and accessory sales Automobile commercial parking enterprise Automobile laundry Automobile parking operated in conjunction with permit- ted uses and in accordance with the requirements of Chapter~ Automobile repair garages Automobile and truck assembly Bakeries or baking plants X X X X X X X X X X X X X X H X X X X X X X X X X X X X X X X X X X X X X X X X X X X X PERMITTED AND CONDITIONAL USES 1.3 0 0 Eating and drinking estab- lishments when operated as an accessory (incidental) use to a motel. Electric light or power generating station Emery cloth or sandpaper manufacture Enameling, japanning, lac- quering, or the plating or galvanizing of metals Excavations, other than simple foundation Excelsior and fibre manufacture Explosives, ammunition, fireworks, gunpowder manufacture Farmmachinery assembly, repair and sales Fat rendering, production of fats and oils from animal or vegetable products by boiling or distillations Feed and seed processing Feed and seed retail sale Felt manufacture Ferry landing Fertilizer manufacture X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 2 Section 28. Se~n 17.16.030 of the Port ~'nsend Municipal Code is hereby amended as follows: 17.16.030 Limitations on uses. Those permitted uses locating in the several zones shall be subject to ~he follow- ing limitations: A. All sites in an "M" classified zone having a common boundary with an "R" classified property, shall have planted and maintained along such common boundary a view-obscuring greenbelt of shrubs, trees and native vegetation not less than eight feet in height nor less than ten feet in width, for screening purposes and controlling access. e=-em~a~ememes-ameune&n~-ee-am-&memease-e~-eweney-Pe~eene eaeh-~se-e~-em~a~§ememe-&m-aeee~damee-w&eh-ehe-p~e~s~ees C. Where-lighted signs and illuminated areas are per- mitted, such illuminating devices shall be shaded and direct- ed so as not to provide glare toward any "R" classified prop- erty. D. Industrial uses shall be subject to the following conditions: 1. In all industrial districts, the noise emanating from the premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and where any industrial zone adjoins a residential district the noise loudness measured at the boundary line shall not exceed forty decibels between the hours of eleven-thirty p.m. and six a.m., and sixty decibels at other hours; 2. Industrial and exterior lighting shall not be used in such a manner that produces glare on public highways and neighboring property. Arc welding, acetylene torch cut- ting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property; 3. In terms of fire and safety hazards, 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. Bulk storage of inflammable liquids below ground shall be permitted, and the tank shall be located not closer to the - 25 - (Port Townsend property line than the greatest dimension (diameter, length, or height) of the tank; 4. Provisions must be made for necessary shielding or other preventive measures against interferences occasioned by mechanical, electrical and nuclear equipment, uses or pro- cesses with electrical apparatus in nearby buildings or land uses; 5. Liquid and solid wastes, storage of animal or vegetable waste which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste prod- ucts shall be exposed to view from eye level from'any proper- ty line in an "M" district. E. Those uses indicated by an "H" under the'column for the C-III zone in Section 17.16.010 may be permitted by the board of adjustment as a conditional use in the C-III dis- trict provided that in addition to the standards and criteria governing conditional use permits provided by Section 17.64- .040 the following criteria shall also be met: 1. The proposed use is to be established within a building which is: a. Individually listed on the National Register of Historic Places, b. Identified as either a pivotal, primary or secondary building on the map which accompanied the certi- fication of the Port Townsend Historic District on May 17, 1976, the names of which buildings are listed in Section 17.70.010 of this code, or c. Has been certified by the Secretary of the Interior to be Contributing structure to the Port Townsend Historic District: Provided, that if the building has been significantly altered since so listed, identified or certified, the city may re- quire that the building be recertified by the Secretary of the Interior before granting a conditional use permit pursu- ant to this subsection; 2. The use shall not require significant alteration of the architecturally or historically significant features of the structure; 3. The proposed use will not occupy street level space which is better suited for retail sales or services; and 4. The design of the structure makes uses permitted in the C-III district impractical in the structure, or the permitted uses do not provide sufficient financial return to make use of the structure feasible. (Ord. 2102 S5, 1988: Ord. 1625 S3.06, 1971). - 26 - (Port Townsend 1/~ ~ Section 29. Section 17.20.010 of the Port Townsend Municipal Code is hereby amended as follows: 17.20.010 Established. In recognition of the various topographical conformations and geographic relationships in the city and with consideration for the health, safety, and general welfare of the citizenry, bulk, dimensional and gen- eral requirements for the several districts are herewith established and set down opposite in the table: Bulk, di- mensional and general requirements. - 27 - (Port Townsend 1 /~ ) ~%%~ 17.20.010 ~D C 0 Z I 0 -,-I O o (D .,-{ ~4.~ O u34J O q~ o3 O ~ 0 ~ 0 ,-I 4J · 0 0 · t~ 0 c t~ ~ 0 ~ 04J~ O- ,--t .~ ~ 0 ~"0 ~ ~ :~.,~ Q.O (D N (",4 t.) I :~ 0 CD tn ~ ~ 0 0 ,.c: .c: 0 · m 4J 0 rJ Z Z Z Z I-H ~0 Z 0 0 ,--I 4-} · 0 0 4J ,.--{ ~ ,..-.I q-I q-4 (D · ~ 0 o rj :> 0 0 rj 0 i---i 1.4 I 0 H~ r~ 17.20.010 rjq.4 ~ I O ~ 0-,~ ~ O~ ~0 0 n~ ~ EGO E~ H H H I I I '29- (Port Townsend 1/~'a ) 17.20.010 O 0 0 0 ~ .ca ~ -~ -~ .,-4 ~-40 0 ~ O ~ ~o ~ I-4 I-4 1'-4 I-.I 1.4 I I -30'-' 0 (Port Townsend ooo om ooo o ~ ~ ~ ~:~ · i o Section 30. SecWn 17.40.030 of the Port ~send Municipal Code is hereby amended as follows: 17.40.030 Procedure. (1) PETITION. Petition may be made to the city council by the owner or agent of property proposed for such development, to amend the zoning map by the overlaying of a PUD district in order to permit the appli- cation of the provisions of this chapter to such development. Such petition shall be accompanied by a fee of twenty-five dollars plus one dollar for every acre or fraction thereof in the project area, and the following information: (a) A statement describing the general character of intended development along with such other pertinent information as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this chapter and Chapters ((~=~)) 17.30 through 17.36, 17.44 and 17.48. - 31 - (Port Townsend (b) A general development plan of the project show- ing at least the following information or such additional in- formation as may be required by the planning commission in a specific situation in sufficient detail to allow the planning commission and the city council to apply the criteria for approval as hereinafter set forth: (1) An accurate map of the project ar~a including its relationship to surrounding properties, (2) Statistical data on total size of project area, area of open space, density computation and proposed num- ber of residential units, population analysis, market analysis, economic analysis, impact upon municipal services and any other data pertinent to a comorehensive evaluation of the pro- posed develoPment, ( 3Y The pattern of public and private roads, driveways, and parking facilities, intended (4) The size, arrangement, and location of lots or of proposed building groups, (5) The type, size and location of structures, (6) The location and sizes of sewer and water facilities, (7) Architectural drawings and sketches illu- strating the design and character of proposed structures, (8) The location of recreational and open space areas and areas reserved or dedicated for public uses such as school, park, etc., (9) General landscape treatment, (10) Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes, (11) General outline of intended organizational structure related to property owner's association, deed restric- tions, and provision of services. (2) REFERRAL TO PLANNING COMMISSION. Such petition shall be referred to the planning commission and processed as any other petition for zoning change. Upon completion of necessary study and investigation the planning commission shall make its recommendation to the city council as to the appropriateness and desirability of the proposed zoning change, the suitability of ~he building, site, and development plans, and any additional conditions which it may feel necessary or appropriate. (3) PUBLIC HEARING. Upon receipt of the planning com- mission's, recommendations, the city council shall cause a public hearing to be held pursuant to Section 17.64.110. (Ord. 1625 §4.05(B), 1971). (Port Townsend Section 31. Sec~n 17.40.040 of the Port ~;nsend Municipal Code is hereby amended as follows: 17.40.040 Basis for approval. The planning commission in making its recommendations and the city council in making its determination shall give consideration and satisfy them- selves as to the following: (1) That the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following the approval of the project and requested overlay of the PUD district, that the project appears economically sound, that adequate financing is possible and that the development will be carried out ac- cording to a reasonable construction schedule satisfactory to the_~ity; (2) That the proposed development is consistent in all respects to the spirit and intent of this chapter and Chapters ((~4)) ~7.30 through 17.36, 17.44 and 17.48, is in conformity with the general plans for community development, would not be contrary to the general welfare and economic prosperity of the city or of the immeriate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justifies the variation from the normal requirements of this title through the application of the planned unit development overlay district; (3) In the case of proposed residential developments: (a) That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character established for the area by the community comprehensive plan, and where the economic impact of the development in terms of income levels, property values, and service d~mands is at. least as benefi- cial to the community as that which could be anticipated under the basic zoning, (b) That the population composition of the develop- ment will not alter adversely the impact upon school or other municipal service requirements as anticipated under the exist- ing basic zoning and comprehensive plan, (c) That the project will not create traffic or parking demand incompatible with that anticipated under the comprehensive plan, (d) That the total average residential density of the project will be compatible with the comprehensive plan. An increase in the computed allowable maximum density may be · permitted upon reco~endation of the planning commission that the increased density is justified in terms of ~e relation- ship to open areas, service demand, and the total quality and character of the project, (e) The minimum size parcel which will be con- sidered by the planning commission for a planned unit develop- ment is two acres (eighty-seven thousand one hundred twenty - 33 - (Port Townsend 1/q~ ) ~\~ square feet) if the proposed development is situated on un- platted land, and one city block (not less than forty thou- sand square feet) i~ situated on platted land, (f) That adequate guarantee is provided for perma- nent retention as "open area" of the residual open land area resulting from the application of these regulations, either by private reservation as an enhancement to the development or by dedication to the public, (g) In the case of private reservation the open area to be reserved shall be protected against building develop-' ment by conveying to the city as part of the conditions for project approva-1 as .open space easement over such ~open areas restricting the area against any future building or use ex- cept as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residence. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically au- thorized as part of the development plan or subsequently with the express approval of the city council following approval of the building, site, and operational plans by the planning commission, (h) The care and maintenance of such open space reservations shall D~ assure~ either-by establishment of ap- propriate management organization for the project or by agree- ment with the city for establishment of a special service dis- trict for the project area on the basis of which the city shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case the city shall have the right to carry out, and levy an assessment for the cost of, any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the city. The manner of assuring maintenance and assessing such cost to individual properties shall be determined'prior to the approval of the final project plans ahd shall be included in the title to each property, (i) Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the city and made a part of the conditions of the plan approval. (Ord. 1988 Sl, 1984; Ord. 1625 S4.05(C), 1971). ~ection 32. Sec~n 17.64.045 of the Port ~nsend Municipal Code is hereby amended as follows: !7.64.045 Home occupations. A. Any person or party wishing to establish a home occupation or cottage industry shall make application to ~%e city public works department/ administrative assistant. The public works department/ad- ministrative assistant shall not issue a permit to allow as a home occupation auto repair and detailing, outdoor storage of building or construction materials, animal ho~ptia!s, clinics, hospitals, dancing schools, funeral homes, private cl,~bs, commercial print shops, renting of trailers, restau- rants, and kennels. The public works department/administrative assistant may issue a permit for a home cccupation provided that ~e following conditions exist and are made part of the permit and any other conditions that the building official deems necessary to assure ~hat the impact of such home occupation will be minimal upon ~he neighboring properties: _~. Home businesses shall be fu!lv_ enclosed w~'~' ~n_n - ~e primary residential structure. 2. Home businesses must be secondary and incidental to ~e primary residential use of the property. 3. At least one person residinq on the premises mus~ be engaged in the operation. 4. The business shall employ no more than one person outside ~he immediate resident family for on-premises employ- ment at one time. 5. Home businesses shall not affect the use, or ~njoyment of adjacent properties and shall maintain the character of the area in which ~hey are located. To ~is end, structures shall be architecturally and aesthetically compatible with the surrounding residential area. 6. There shall be no outside storage of materials, goods, supplies or equipment, nor outside display of any kind. 7. The home business shall not be subdivided from ~%e residential property for the purpose of sale, lease or rent. 8. The hours of operation for uses involving non- resident employees and ~he delivery of materials shall be limited between eight a.m. and five p.m., Monday through Friday. 9. Noise levels generated shall be consistent with existing noise levels of ~%e surrounding neighborhood and shall not be incompatible with ~he residential nature of the area. 10. The underlying land use designation.for prop- erties shall not change as a result of the home occupied business. - 35 - (Port Townsend 1/~ ) 11. One sign identifying the hcme business shall be permitted. Such sign shall be no larger than three square feet in size and shall not be illuminated, and shall be mounted flat to the main wall of the dwelling. 1~. Parking shall be provided on the site and must not cause traffic hazards or parking problems on adjacent rights-of- way. Chapter ((~8))__17-30 of this title shall apply with respect to off-street parking requirements. 13. Buffers or screens will be provided °.when deemed necessary to reduce potential impacts to adjacent properties. 14. Such use shall conform to al! ot21er requirements specified in t_his chapter as well as any special conditions imposed on the home business as tile result of a~ministrative, planning commission or city council review. 15. Not more than twenty-five percent of tile totak floor area in any dwelling shall be devoted to such use. in no event shall such occupancy exceed four hundred square feet. 16. The applicant w-.'!! also includew_~' his ..../her request a scaled plot plan ~etai!ing the property, improve- ments to t~he property and ti~e location of ti%e home business. 17. A home occupation permit issued to one person shall not be transferable to any other person; nor shall a home occupation permit be valid at any address other titan the one appearing on the permit. B. After issuance of the permit, if ti~e public works department/administrative assistant becomes aware of ti~e home occupation being operated in 'violation of the provisions of the permit, or that the home occupation is causing undue noise, traffic, smell or other objectionable impacts upon the neighbors, upon a written investigation by tise public works department/administrative assistant, t_%e home occupation shall be reviewed in a public hearing conducted by t, he planning commission. C. The planning commission shall provide notice of ti.%e public hearing in t_he same manner as notice for hearing upon conditional use permits. Upon completion of t2~e public hearinc, the planning commission shall recommend to t~.%.e c~-v council t-%at the home occupation: (1) be continued as is; (2) be fu~t_~er conditioned to satisfy the nature of tile- complaints and allowed to continue subject to such additional conditions as t~he city council may impose; or (3) terminated. D. The city council, at its next regularly scheduled meeting, shall review the planning commission's recommendations. The council may, by formal action, accept the recommendation -.as subm.itted, or, upon notice, may conduct its ow~ public hearing and render its own findings, conclusions and decisions. (Ord. 2059 ~3, 1986). ~ection 33. of existing chapters, pters 17.24, 17.28 and 17.32 of the Port Townsend Municipal Code are each hereby repealed. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 34. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been- contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 34. Effective date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. Read for the first time on the 19th . day of December , 1989, and for the second and third times on the 2nd day of January , 1990, and passed by the City Council of the'City of Port Townsend, Washington, at a regular meeting thereof, held this 2nd .. day of J~nuary , 1990. SIGNED IN OPEN SESSION Brent Shirley, MaYor David a. Gr_.o% '=, City C~er~ Approved as to form: eith Har~e~-, City Attorney 27 141'I:12-22-89 - 37 - (Port Townsend 1/90)