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HomeMy WebLinkAbout2155 Zoning - Defining Bed and Breakfast1 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 ORDINANCE NO. 2155 AN ORDINANCE RELATING TO ZONING, DEFINING "BED AND BREAKFAST INN", ADDING NEW SECTIONS 17.08.043, 17.16.040, AND 17.28.085, AND AMENDING SECTIONS 17.08.240, 17.08.485, 17.16.010, 17.28.020, 17.28.060, AND 17.64.050 OF THE PORT TOWNSEND MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: Section 1 A new Section 17.08.043 is hereby added to the Port Townsend Municipal Code as follows: 17.08.043 Bed and Breakfast Inn. "Bed and breakfast inn" means a building with a central kitchen which provides the primary residence for the owner or operator and which offers guest rooms for travellers and transient guests for compensation. Food service may be offered exclusively to people registered to use the inn for lodging or special events. Accessory buildings which were lawfully established prior to June 1, 1989, may be considered part of a bed and breakfast inn. Section 2. Section 17.08.240 of the Port Townsend Municipal Code is hereby amended to read as follows: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17.08.240 Hotel. "Hotel" means any building or portion thereof containing five or more rooms which share a common entry to the buildinq that are rented, or hired out to be occupied for sleeping purposes for compensation. ((whe~he~ ~he-eem~e~se~-~e-p~-~ee~y-e~-~ee~)) A central kitchen and dining room and accessory shops and services catering to the general public ((emm)) may be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. Section 3. Section 17.08.485 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.08.485 Tourist home. "Tourist home" means a ((~¥a~e ~es~e,ee-ha~,~)) ~ildinq which provides the primary residence for the owner and which offers not more than ((~h~ee)) ~_.q~9_~rooms for hire to transient quests for ((em~y)) sleeping purposes only ((7mm~ whese-~e~e-~s-seesema~-~m-ehe~ee~e~)). A tourist home or a portion ~hereof may be located in an accessory buildinc which was lawfully establ%sh~ prior to June 1, 1989. section 4. Section 17.28.020 of the Port Townsend Municipal Code is hereby amended to read as follows: - 2 - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17.28.020 Location. Off-street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest ((De~-e~)) entrance to the building that such facility is required to serve: (1) For one and two family dwellings: on the same lot with the building they are required to serve; (2) For multiple dwellings and tourists homes: not more than one hundred feet; (3) For hospitals, sanitariums, homes for the aged, rooming and boardinghouses, fraternity and sorority houses: not more than three hundred feet; (4) For uses within the Downtown Parking District: within or immediately adjacent to the Downtown Parking District; (5) For uses other than those specified above: not more than five hundred feet; f6% For bed and breakfast inns: not more than two hundred feet, Section 5. Section 17.28.060 of the Port Townsend Municipal Code is hereby amended as follows: - 3 - 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 17.28.060 Joint use. The board may authorize the joint use of parking facilities for the following uses or activities under conditions specified: (1) Up to fifty percent of the parking facilities required by this chapter for primarily "nighttime" uses such as theaters, bowling alleys, bars, restaurants and related uses, may be supplied by certain other types of buildings or uses herein referred to as "daytime" uses such as banks, offices, retail and personal service shops, clothing, food, furniture, manufacturing or wholesale and related uses; (2) Up to fifty percent of the parking facilities required by this chapter for primarily "daytime" uses may be supplied by primarily "nighttime" uses; (3) Up to one hundred percent of the parking facilities required by this chapter for a church~ b~-e~~, ~_-. or for an auditorium incidental to a public or parochial school, may be supplied by the off- street parking facilities proved by uses primarily of a "daytime" nature. Section 6. 17.28.085 A new Section 17.28.085 is hereby added to the Port Townsend Municipal Code to read as follows: Residential transient accommodations--parkina requirements A bed and breakfast inn or a tourist home shall provide - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 two off-street parking spaces for the owner's use plus one 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 of abutting street frontage, less the twenty feet 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. Section 7. Section 17.16.010 of the Port Townsend Municipal Code is hereby amended as follows: - 5 - 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 3O 31 32 pERMITTED AND CONDITIONAL USES Bed and breakfast inn Hotels and inns and similar uses not otherwise listed in this table Motels and motor hotels Tourist homes((7-eaee~-~ 0 I I I X X X x x x x I l tx X X Section 8. A new Section 17.16.040 is hereby added to the Port Townsend Municipal Code to read as follows: 17.16.040 ~wisting Bed and Breakfast INns and Tourist Homes. Any and all conditional use permits which are valid on June 1, 1989, and which authorize an existing bed and breakfast inn or tourist home shall remain in effect and may be revised as follows: (1) any condition contained therein requiring periodic renewal is hereby cancelled, and (2) the board may grant revision to any conditions relating to parking requirements contained therein to adjust such requirements to the parking requirements provided in this title. Any such bed and breakfast inn or tourist home may make application for revision directly to the board upon submission no later than December 31, 1989, of a parking plan prepared pursuant to this title and upon payment of a fee in the amount of $75.00. The board, upon a finding that the - 6 - 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 revision requested would not substantially change the nature of the use, may grant such revision without hearing. The board, in its consideration of such applications for revision, shall follow the standards and criteria for the issuance of a conditional use permit pursuant to section 17.64.040 of this title. Section 9. 17.64.050 Section 17.64.050 of the Port Townsend Municipal Code is hereby amended to read as follows: Conditional use permit--Denial or Recision. If the board denies or rescinds the conditional use permit, the reasons therefor shall be entered in the minutes of the meeting at which the permit is denied: (A) Th~ board may .rescind any conditional use permit uDon a findina that the permit holder failed to c0mplv with the specific plans approved bv the board or with any conditions imposed upon the conditional use permit; ((~-~he-e~e~-~-~a~e-~-e~m~-w~h ~he-~ams-a~eve~-B~-~he-Bea~-e~-w&~h-am~-eem~&e&ems-&mpese~-mDem beeeme-~e~-em~-e~-me-e~eee~)) (B) In the event the board becomes aware of possible adverse effects resul~ina from a conditional use, the board may, after hearing, impose additional conditions or rescind any conditional use permit uDon a findinc that. due to chan~ed circumstances since crantin~ such permit, the use no longer meets the standards and - 7 - 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 criteria qovernina conditional use permits pursuant to section ~7.64.040 of this title. (c) Where plans are required to be submitted and approved as part of the application for a conditional use permit, modifications of the original plans may be made by the board after review. Section 10. 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 11. Effective Date. This ordinance shall become effective five days after its passage and publication. Read for the first time on May 16~ 1989 ., the second time on 3une 6~ 1989 , and the third time and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this ~or, day of ~-~ ., 19 ~ . ATTESiient S~~e~ Approved ala~iod f~~m~r°~i'~Y~~// Keith C. Harper, City Attorney ((~e~e~e~-eex~)) added text KO: 6/6/89 - 8 -