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HomeMy WebLinkAbout2102 Zoning - Expanding UsesORDINANCE NO. 2102 AN ORDINANCE RELATING TO ZONING; EXPANDING THE USES PERMITTED IN THE C-Ill ZONING DISTRICT; DEFINING CUSTOM, ART AND CRAFT WORK; DEFINING HIGH-I~PACT USE; DEFINING LIGHT MANUFACTURING; AND AMENDING SECTIONS 17.16.010, 17.16.030 AND 17.64.030 OF THE PORT TOWNSEND MUNICIPAL CODE. WHEREAS, on April 16, 1986, the Port Townsend City Council enacted Ordinance 2035, establishing an historic preservation program and adopting therein the policy that "The recognition, enhancement, perpetuation and continued use of the buildings, sites, districts, and structures and objects of historical significance within the City of Port Townsend is necessary in the interest of civic pride and the prosperity and general welfare of the City's inhabitants," and; WHEREAS, the goal of restoration and preservation of historic buildings requires uses which provide building owners sufficient financial return to undertake historic preservation projects, and; WHEREAS, the Port Townsend Municipal Code restricts the use of buildings in the C-III zoning district to commercial and residential uses which have not proven economically sufficient to make full use of available vacant space in existing buildings, now, therefore, THE CITY COUNCIL OF ,THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: ~ A new Section 17.08.137 is hereby added to the Port Townsend Municipal Code to read as follows: 17.08.137 Custom. art and craft work. "Custom, art and craft work" means a use in which non-food, finished, personal or household items, which are either made to order or which involve considerable handwork, are produced. Examples include but are not limited to pottery and candle making, production of orthopedic and dental devices, leather work, creation of sculpture and other art work, and glassblowing. High-impact uses shall not be considered custom, art and craft work. ~ A new Section 17.08.212 is hereby added to the Port Townsend Municipal Code to read as follows: 17.08.212 High-impact use. "High-impact use" means a business establishment which is considered to be dangerous and/or noxious due to the probability and/or magnitude of its effects on the environment. High-impact uses shall - 2 - (Port Townsend 3/88) include but are not limited to: Battery manufacturing, reprocessing; Crude petroleum refinery and storage; Creosote manufacture and treatment; Distillation of wood, coal or bones, or manufacture of byproducts; animal black or bone black manufacturing; Gas (illuminating or heating) manufacture or storage; Incineration or reduction of garbage, offal, dead animals, or refuse; Manufacture of poisons, pesticides and herbicides; Manufacture of Class IA or lB flammable liquids as defined by the Uniform Fire Code, storage of same in above ground containers; Manufacture or substantial use of ammonia, chlorine, asbestos, oxygen, hydrogen acids (hydrochloric, nitric, picric, sulphurous, sulfuric); Rendering of fat, tallow, lard; extraction of animal or fish fats and oils; Smelting of ore; Stockyards, hog farms, slaughterhouses, including packing and freezing; Storage of explosives, as defined by the Uniform Fire Code; Tanneries; and Wood pulp manufacture. - 3 - (Port Townsend 3/88) ~ A new Section 17.08. 302 is hereby added to the Port Townsend Municipal Code to read as follows: 17.08.302 Manufacturing_, light. "Manufacturing, light" means a manufacturing use, typically having low impacts on the environment, in which articles are either produced, assembled, finished and/or packaged from prepared materials made at another location, or raw materials, such as premilled wood, paper, wool, textile, leather, cork or semiprecious or precious metals or stones. Light manufacturing includes but is not limited to the assembly of clocks, clothing, furniture, electrical appliances, medical equipment, and sports equipment. For the purpose of this definition, light manufacturing shall include canning or bottling of food or beverages for human or animal consumption using a mechanized assembly line; and printing plants. High-impact uses shall not be considered light manufacturing. ~ Section 17.16.010 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.16.010 Purposes of districts--Table of permitted uses. Within the various use districts as indicated on the official zoning map of Port Townsend, Washington, and subject to the requirements of Sections 17.16.020 and 17.20.010, no land, building, or structure shall be used and - 4 - (Port Townsend 3/88) no building or structure shall be erected which is intended or designed to be used, in whole or in part, for any of the uses indicated in the "conditional" ~olumn without specific approval of the board of adjustment. The criteria of Section 17.64.040 shall guide the board in granting or withholding approval. Permitted uses in the various use districts are indicated by an "x" in the appropriate column of the accompanying table. With the exception of conditional uses, as regulated in Sections 17.64.040 through 17.64.060, only those uses appearing below are deemed to be in the interests of public health, safety, morals, and the general welfare of the citizens of Port Townsend. DISTRICT PURPOSE Public - P-I Primarily a public use district devoted to schools, public buildings, parks and related uses. Single-family Residential - R-I Exclusively a single-family residence district with adequate plot areas required and including the customary accessory secondary uses. Single-family Res- - 5 - (Port Townsend 3/88) idential - R-I(A) Exclusively a single-family residence district with adequate plot areas required and including the customary accessory secondary uses, with agricultural use also allowed. Single-Family Res- idential - R-II Primarily a single-family residence district, and low density multiple residence district, requiring five thousand square feet of building tract for each single-family dwelling unit, but permitting four or less single- family dwelling units to be contained within one structure upon condition of sufficient tract size: ten thousand square feet for a duplex, fifteen thousand square feet for a triplex and twenty thousand square feet for a fourplex. Multiple Family res- idential - R-III Primarily a multiple family residence district with adequate plot areas required and including some single- family residences and the customary - 6 - (Port Townsend 3/88) accessory and secondary uses. Neighborhood Commercial - C-I Exclusively a neighborhood district for the provision of convenience shopping for a limited residential area and which involves retail enterprises dispensing commodities, providing professional services, or providing personal services to the individual. General Commercial - C-II Primarily a general commercial district for the conduct of enterprise which depends on proximity to major streets or arterials for trade or transportation. Community Commercial - C-Ill Primarily for the conduct of retail trade, administrative and professional offices, and service to the general public, in the central business district, with emphasis on large scale store and specialized shops serving the community trading area. Partial use as apartments is a permitted use. ~ - 7 - (Port Townsend 3/88) use as custom, art and craft work; and/or light manufacturing_ may be established as a conditional use subject to the restrictions set forth in Section 17.16.030~E~. Incidental assembly or modification of products for retail sale, including but not limited to clothing, flower arranging, picture framin~ and photo processing, may be permitted as accessor~ use to a permitted use. Light Manufacturing or Industry - Primarily for light manufacturing, processing, fabrication and assembling of products or materials, warehousing and storage, and transportation facilities. Manufacturing or Industry - M-II Primarily for heavy manufacturing, processing, fabrication and assembling of products or materials. - 8 - (Port Townsend 3/88) PERHITTED AND CONDITIONAL USES (Note: Only those uses for which the table designation is amended are listed below. Underlined uses are to be added to the table, duplicating existing use listings wherever necessary to add a conditional use in the C- III zone without inadvertently converting an existing permitted use into a conditional use.) PERNITTED AND CONDITIONAL USES 0 I I I I I I I I Assembl~ of machines and appliances from previously prepared parts Beddin~ car~et and pillow manufacturing_ and renovatin~ Canvas and burlap products manufacture, sale and storage Clothin~manufacture Cosmetics and perfume manufacture Custom~ art and craft work Excelsior and fibre manufacture Food processing in wholesale quantities, except meat, fish, poultry, vinegar and yeast Hosiery Hanufacture Leather goods manufacture - 9 - (Port Townsend 3/88) PERMITTED AND CONDITIONAL USES O I Light manufacturing or processing not otherwise named herein as limited by Section 17.16.030 ((v-p~ev~ded-ne-eper- a~ons-a~e-ea~ed-onv-o~-a~e- ½~e~y-%o-be-ea~ed-on-wh~eh- w~[-eeea%e-smoke~-~emee~-ae~ee~- edee~-e~-das%v-as-~egu~a%ed-~n- ~ee~e~-~=~6=g~gt~)-wh~eh-w~- 'be-de~men~a~-~e-~he-hea~h~- sa~e~y-ee-gene~a~-~e~a~e-e~- ~he-eemman~y)) Optical and scientific instru- ment. Jegelr~ and clock~ musical instrument manufacture Public or private colleges or universities Rag, bag, and carpet cleaning establishments Sheet metal shops - 10 - (Port Townsend 3/88) 5. Section 17.16.030 of the Port To.neend Bunicipal Code is hereby amended to read as follows: 17.16.030 Limitations on uses. Those pe-~itted uses locating in the several zones shall be subject to the follow- ing limitations: (A) All sites in a "M" classified zone having a conu,,on 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; (B) Ail permitted uses established after August 17, 1971, or enlargements amounting to an increase of twenty per- cent in gross floor area of a use established prior to August 17, 1971, shall provide off-street parking and loading areas for each use and enlargement in accordance with the provisions of Chapters 17.28 and 17.32; (C) Where lighted signs and illuminated areas are per- mitted, such illuminating devices shall be shaded and directed so as not to provide glare toward any "R" classified property; (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 ind_ustrial zone adjoin-~ a residential district the noise loudness measured at the boundary line shall not exceed for~decib~ls 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 g~ound shall be permitted, and the tank shall be located not closer to the property line than the greatest dimension (diameter, length, or height) of the tank. - 11 - (Port Townsend 3/88) (4) Provisions must be made for necessary shielding or other preventive measures against interferences occasioned by mechanical, electrical and nuclear equipment, uses or processes 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 prop- erty line in an "M" district. (Ord. 1625 §3.06, 1971). (E) Those uses indicated b? ~n "H" under the column for the G-III zone in Section 17.16.010 may be permitted b7 the Board of Adjustment as a conditional use in the C-III district provided that in addition to the standards and criteria ~overn~n~ conditional use permits provided bF Section 17.84.040 the following_ criteria shall also be met: The proposed use is to be established within a building_ which is (a) individuallF listed on the National Re~ister of Historic Places. - 19. - (Port Townsend 3/88) Cb) identified as either a ~ivotal, primary or secondary buildin~ on the map which accompanied the certification of the Port Townsend Historic District on May 17, 1976, the names of which buildings are listed ok Exhibit A. attached hereto, or (c) has been certified by the Secretary of the Interior to be a 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 require that the building be re-certified by the Secretary of the Interior before grantinq~ a conditional use permit pursuant to this subsection: (2) The use shall not require significant alteration of the architecturally or historically siznificant 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 - 13 - (Port Townsend 3/88) the permitted uses do not provide sufficient financial return to make use of the structure feasible. ~ Section 17.64.030 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.64.030 Conditional uses. The board shall have the authority to grant in particular cases and subject to appropriate conditions and safeguards, conditional use permits as authorized by this title. The application for a conditional use permit shall accompany the application for a building permit and/or certificate of occupancy. 0nly those uses contained in the column of conditional uses, Chapter 17.16, will be considered and only for the zone indicated by either an "X" D~__~_/~opposite the use. The application shall be made to the building ((i~s~ee%e~)) o~fi~k~lwho shall transmit the application to the planning commission and to the board for review and recommendations. Thereafter, the board may grant--or deny the conditional use requested. Section 7. Severabilit¥, 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 - 14 - (Port Townsend 3/88) 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. ~ Effective Date. This ordinance shall become effective five days after its passage and publication. Read for the first time on February 16, 1988, and for the second and third times and passed bY the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this I ~sr day of /~~ , 1988, and signed by the Mayor on the / ~ -~/ day of ~~ , 1988. ATTEST: ~ ~ David A. Grove, Cit. y Clerk / Keith Harper, City Attorney MH:2-2-88 - 15 - (Port Townsend 3/88) page BUILDINGS IDENTIFIED AS PIVOTAL, PRIMARY OR SECONDARY1 ON THR MAP WHICH ACCOMPANIED THE CERTIFICATION OF THE PORT TOWNSEND HISTORIC DISTRICT ON MAY 17. 1976. Buildinm Name Kuhn Building Pioneer Building Capt. Tibbals Building Old Lytle Building (western 1/8 only) Light House Cafe Building (L H Cafe only) James and Hastings Building Water Street Deli Building Alley Building (922 Water St.) Sterming Block/Lido Restaurant Zee Tai Building Mt. Baker Block Admiralty Apartments Building McCurdy Building Classification Primary Primary Primary Secondary Primary Primary Secondary Secondary Primary Secondary Primary Secondary Primary 1The National Register of Historic Places used the following definitions of these three classes in the designation of the Port Townsend Historic District: Pivotal - Buildings which were the landmarks of the district, hallmarks of architectural or historical distinction; on their own merits, these buildings are eligible for National Register Listing. Primary - Buildings which have strong architectural or historical qualities and which maintain good integrity but which may not be individually eligible for National Register listing. Secondary - Buildings which have moderate historic or architectural qualities and which have maintained good (but not perfect) integrity. Hastings Building Eisenbeis Building (Olympic Hardware) Cracker Factory Building Bartlett Building Siedenbaum Building Kinney's Closet Building First National Bank Building (810 Water Street) C. F. Clapp Building Waterman and Katz Building (8-story section) Waterman and Katz Building (1-story addition) Alaska Power and Telephone Building N. D. Hill Building Franklin House Fred Lewis Building Elevated Ice Cream Building Port Townsend Police Station Port Townsend City Hall Public Defender's Building Terry Building Washington Street Cafe Building Washington Street Garage Bishop Block Eagles Hall Miller and Burkett Block (Elks Lodge) First American National Bank Building Showhouse Building page 2 Pivotal Primary Primary Primary Primary Secondary Primary Primary Primary Secondary Primary Primary Primary Primary Secondary Secondary Primary Secondary Primary Secondary Secondary Primary Secondary Primary Secondary Secondary 227 Taylor Street Buildin~ The Duplex Buildin~ (632 Water) Athletic Club Building Fowler Building (Leader) Union Wharf (Wharf only) Union Wharf (Building) Marine Park Building Aldrich's Building Sunshine Cafe to Co-op Complex Fibrearts Building Printery Building Warm Windows Building Jack and Jill Building Odd Fellows Hall (Theater) Puffin Shoe Repair Building ~- pnge 3 Secondary Secondary Secondary Primary Primary Secondary Secondary Secondary Secondary Secondary Secondary Secondary Secondary Secondary Secondary