Loading...
HomeMy WebLinkAbout1625 Comprehensive Zoning Ordinance - ORDINANCE NO. /b21 AN ORDINANCE ADOPTING A NEW COMPREHENSIVi; ZONDG ORDINANCE Fœ THE Cl'n OF PORT 'rO~VN.:)r;ND; REGULATING AND RES'fRICTING THE USE OF LAND; THE U~E, BULK, DIMENSIONS AND LOCA1'ION OF BUILDINGS AND STRUC'fURES; DETER- MINING THE AREA AND REGULATION OF YARDS, COURTS, PARKING PLACES, LOADING AREAS, FENCES, PERFORMANCE STANDARDS AND PLANNED UNIT DEVELOPMENT; DIVIUING THE CITY OF PORT TOWNSEND INTO DISTRICTS FOR SUCH PURPOSES; ADOPTINû AN OFFICIAL ZONING MAP FOR SAID CITY SHOWING BOUNDARIES AND THE CLASSIFICATION OF SUCH DISTRICTS; PROVIDING FOR CONDITIONAL USE PEkMlTS AND VARIANCES; REGULATING USES THAT DO NOT CONFORM TO THE PROVISIONS HEREIN; AND PROVIDING FOR ABATEMENT PROCEEDI~ùS AND PEN- AL'l'lES FOR THE VIOLA'rION OF THIS ORDINANCE. WHEhEAS, the City of Port Townsend has undertaken review and contin. uing study of its planning policies, Comprehensive Plan, Ordinances and Official Maps, and WHEREAS, said Comprehensive Plan should be implemented by a Zoning Ordinance and an Offical Zoning Map, and WHEREAS, the City Council desires to protect prooerty values and to maintain the residentual characteristics significant in the histo~ of the city as m~ be generally possible, and WHEREAS, the City Council having received recommendations from the Pla~ning Commission, and being fully advised in the premises,now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS : .8 CHAPTER I TITLE AND PURPOSE Section 1.01 This ordinance and maps shall be known as, and be citød.nà referred to as "The Port Townsend Comprehensive Zoning Ordinance" inacO9JQ.. ance with and exercising the authority of Chapter 44, Law of 1935, ~wsØr the State of Washington, and. among other provisos to: A.. Regulate and restrict the location and use of buildings, structures and land for residence, trade, commerce, industrial and other p~oses; B. Regulate the height, number of stories, size, construction and 4esign of buildings and other structures, the size of yards, courts Æ&nd other open spaces; the density of population; and the setbackot buildings along public streets and road rights-of-way, parks, and waterfront; c. For any or all of such purposes may divide the City of Port To1ft'ls~" or a~ portion thereof into districts of such size, shape and a~.. or may establish such official maps as may be deemed best suited to car~ out the regulations and provide for their enforcement. Section l.O2 Such regulations are deemed necessa~ in order: A. To promote the interest of health, safety, morals and the general welfare; B. To secure safety from fire and to provide adequate open s)Nt.ces for light and air; c. To prevent the overcrowding of land; D. To avoid undue concentration of population; E. To conserve and stabilize property values; F. To facilitate the adequate provision of transportation, water,s..,r- age, schools, parks and other public requirements, and to carry out the goals and objectives as set forth in Chapter 44, Laws of 193;5, and other applicable Laws of the State of Washington. 1.1 . . CHAPTER II " DEFINITIONS Section 2.01 For the purpose of this Ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, and all words in the singular number include the plural num- ber: unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot;" the word !,'building" includes the word "structure;" and the word "shall" is'mandatory and not discretionary. The word "used" shall be deemed also to include "designed, intended or ar- ranged to be used." Unless otherwise specified, all distan- ces shall be measured horizontally. The word "City" means the City of Port Townsend, in Jefferson County, State of Washington; The term "City Council" means the City Council of said City; The term "Building Inspector" means the Build- ing Inspector of said City. Section 2.02 Accessory Building. A subordinante building, the use of which is incidental to the use of the main building on the same lot. Section 2.01 Accessory Use. A use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. Section 2.04 'Alley. A passageway open to public travel whièh affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation. Section 2.015 Alterations. A change or rearrangement of the structural parts of existing facilities, or an enlargment by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercialj,industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third or a single floor area shall be considered an alteration. Section 2.06 Apartment House. A building or portion of a building arranged or designed to be occupied as three or more separate dwelling units. 11-1 " . .3ecUO!l., Z. 0'7 Area, Bui 111ing. The total gr()und coverage of a building or structure which provides shelter measured from the out side of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. ~ectlon 2.08 Basement. That portion of a building partly underground , and having åt least one-half of it height more than five feet below the adjoining finished grade. .;)ection 2.09 Billboard. (See Sign). Section 2.10 Board of Adjustment. A quasi-judicial body, created under Section 6.05 of this Ordinance, empowered to hear appeals from orders or determinations made by an administrative official charged with the enforce. Ment of this Ordinance and to vary or modify certai~ provisions of this Ordinance relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of this Ordinance is observed, public safety and welfare secured and substantial justice done. Section 2.ll Boarding House. A dwelling in which not more than four roomers, lodgers, and/or boarders are housed or fed. Section 2.l2 Building. "Building" means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use 1s required to be within a buildin~. or where special authority granted pursuant to this Ordinance requires that a use shall be within an entirely enclosed building, then the term "building" means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and. doors which are designed so that they may be closed. Section 2.l1 Building Height. The height of a building is the vertical distance from the established grade to the highest point on the root or parapet wall. Section 2.l4 Building Inspector. A duly appointed officer of the City of Port Townsend charged with the administration and enforcement of the provisions of this Ordinance. Section 2.lS Building Line. The line of that face, corner, roof or part of a building nearest the property line. Section 2.l6 Carport. A structure to house or protect motor vehicles owned or operated by the occupa~ts of the main building and which is at least 40 percent, of the total area of its sides, open to the weather. Section 2.l? Certificate of Occupancy. A permit to occupy a premises issued by the Building Inpector after inspection has verified compliance with the requirements and provisions of this Ordinance and applicable building codes. II.2 ---------- " . Sect.ion?l~ Clinic. A bui tding designed and used for the medical, dental or surgical diagnosis or treatment of patients under the care of doctors and/or nurses. Section 2.19 Club. An incorporated or unincorporated association of persons organized for a social, fratsrnal, athletic, educational, literary or charitable purpose. Property occupied by a club shall be deemed to be seal-private in character and shall be subject to the regulations governin, public buildings and places, excluding groups organized primarily to rend~r a service which is normally considered a business. s,ction 2.20 Commercial Use. An activity with goods, merchandise or services for sale or involving a rental fee. Section 2.21 Commerical Vehicle. A motor vehicle used for purposes other than a family car, such as a taxi, delivery, or service vehicle. Section 2.22 Conditional (Special) Use. "Conditional Use" means a use permitted in one or more zones as defined by this Ordinance but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissih1e uses in the same zone or zones. A conditional use is a form of special exception. Section 2.21 Conditional Use Permit. "Conditional Use Permit" means the docWlental evidence of authority granted by the Board of Adjustment to locate a Conditional Use at a particular location. Section 2.24 Condominium Apartment. (See Apartment House). Section 2.2-5 Cooperative Apartment. (See Apartment House). Section 2.26 Court. An open, unoccupied space other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides qy such buildings or building including the open space in a house, court or apartment, providing access to the units thereof. Section 2.27 Covered Moorage Building Area. Shall be deemed to be the area of water lying directly beneath that portion of a structure covered by a roof. Section 2.28 Detached Building. A building surrounded on all sides by open space. Section 2.29 Dock. A basin for moorage of boats, including a basin rÐ~ between the extension of two piers or the area between a bank or qu~ and a pier. Docking facilities may include wharves, moorage or docks or an,y place or structure connected with the shore or upon shore lands provided for the securing of a boat or vessel. 11-3 !III!!!!". "!!!II!II!!') SeQt~on, 2~JO Dwelling, Single-Family. A øøtached building cjfJ$~il1~fq" and occupied exclusively by one family and the household emplo,_as of th.;t family. Section 2.11 Dwelling, Multi-Family. A building design" tQ h9usew.~ or more families 11 ving independently of each other and having one ya",~n conmaon. Section 2.32 Dwelling Un! t. A building or portion thereQf provtcJiq¡ com,lete housekeeping facilities for one family. The term "dwellt",g"~Þ.J.l not be deemed to include motel, tourist court, rooming house, or tøurlst.h~. Section 2.33 Electrical Distribution Substation. An assembly ofeq~p~ ment designed to receive energy from a þiih voltage distribution suPP1¥ system, to convert it to a form suitable for local distribution an4 tø distribute the energy to feeders through' switching equipment designed tò protect the service from the effects of faults. Section 2.34 Essential Use. That use for the preservation or p~t1øn of which the use district was created, and to which all other permitted"88 are subordinate. Section 2.3S Established Grade. The high point of the sidewalk at the front or side lot line as established qy the City. Section 2.36 Family. One or more persons related qy blood. marri:f.' adoption, or a group of not more than six persons (excluding servants'l',,~ related by blood or marriage, living together as a single housekeepilll unit. in a dwelling unit. Section 2.37 Floor Area. The sum of the gross horizontal areas of the floors of a building or buildings, measureci:f~rom the exterior facesof~~- terior walls and from the centerline of division walls. Floor areashâll. include: basement space, elevator shafts and stairwells at each rloc:)~, mechanical equipment rooms or attic spaces with headroom of 7'6"01'.-, penthouse floors, interior balconies and mezzanines, enclosed porChês,. Floor area shall not include: accessorywat.er tanks and coòling ttG"fIirs, mechanical equipment or attic spaces with beådroom of less than 7'6., exterior steps or stairs, terraces, breezeways and open spaces. Section 2.38 Fraternity, Sorority, or Student Cooperative. A buildiRI occupied by and maintained exclusively for students affiliated witban a~aàea1iC or professional college or uni versi ty, or otlter recognized institution or higher learning and regulated by such institution. Section 2.39 Garage, Commercial. A building or portion thereot desi.þeà and used for the storage, repair or servicing of motor vehicles or boat$. as a business. Section 2.40 Gasoline Station. Any area of land, including the 'St1'Qc:"'. thereon that is used for the sale of gasoline or other lIlotorðìel1$.~\.I.~, lubricants and auto accessories and which ~ or may not inciuae "~fitll. lubricating, and other minor servicing butltô painting operaUft. . S~ction 2.41 dreenbelt. A strip of land, variable in width, for the planting, growing and maintaining of cultivated landscaping. ~ction 2.42 Guest House. A detached structure, being an accessory to one-familY dwelling with not more than two bedrooms, having no kitchen facilities, and which shall be used and/or designed for use primarily by guest and/or servants for sleeping quarters only. Sect$on 2.43 Home: Rest, Convalescent, For the Aged. "Best home," "and "home for the aged, means a home operate~ simil- "convalescent home, " arly to a boarding house but not restricted to any number of guests or guest rooms, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, but in which homes are kept no persons suffering from an acute mental sickness, or from a contagious or communicable disease, and in which homes are performed no surgery or other primary treatments such as are customarily provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital. Section 2.~ Home, Retirement. A place of residence for several families or individuals in apartment-like quarters, rented, cooperative, or condominium, which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities. Section 2.4~ Home Occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the dwelling for dwelling purposes does not change the character thereof. The conducting of a hospital, barber shop, beauty shop, tea room, tourist home, animal hospital, retail sales of any type or similar use, shall not be deemed to be a home occupation. S~.ction 2.~6 Hospital. An establishment which provides accommodations, facilities and services over a continuous ueried of 24 hours or mere, for observation, diagnosis and care, of two or' more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services. Section 2.4? Hospital, Animal. A building or premises for the medical or surgical treatment of animals or pets, including dog, cat a~d veterinary hospitals, including the boarding of hospitalized animals, but excluding the boarding of animals not subjected to medical or surgical treatment. Section Z..~8 Hotel. Any building or portion thereof containing five or more rooms that are rented, or hired out to be occupied or which are occupie~ for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. A central kitchen and dining room and accessory shops an~ services catering to the general public can be provided. Not imcluded are institutions housing nersenm under legal restraint or requiring medical attention or care. II-5 ~ Institution, Educational. A college, junior college or university supported by public or pr-~vate funds, tuitions, contribu~tions or endowments, giving advanced academic instructions as approved mby the State Board of Education or by recognized accrediting agency, exe!~i~{g pre-school, elementary and junior and senior high schools, and trite az~l commercial schools; including fraternity and sorority houses. ~ Instructional Home. A place for the care of babies, c~ildren~ pensioners, or the aged, except those for mental therapy or for correction or detention. ~ Junk Yard. A lot, land or structure, or part thereof, used for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage, salva~ing or sale of parts of machinery or vehicles not in running condition. .Section 2.52 Kennel, Commercial. Any lot or building in which four or more dogs and/or cats at least four months of age are kept commercially for board or propagation or treatment. Section 2.5~ Kitchen. Any rooms used or intended or designed to be used for cooking and/or preparation of food. ~ Lot. A lot, in the meaning of this Ordinance, is tract of land, no matter how legally described, whether by metes, and/or by lot or lots and block designation as in a recorded ulat, the time of applying for a building permit is desi~nated by developer as the tract to be used, developed or build upon as a ; of land'u~der sir~le ownership or control and assigned to the particmlar use for which the building permit is being secured and having frontage on or access to a public street. ~ot Area. The total horizontal area within the boundary ~i~es of a lot. Where utility or street easements are located within .or bordering a parcel, lot area computation shall not include that ar~a con- rained within the easement. Section 2.~6 Lot, Corner. A lot at the junction of and frontin~ on two or more intersecting streets. Section 2.~? Lot, Depth, The mean dimension of the lot from the front street line to the rear line. Section 2.58 Lot, Interior. A lot fronting on one street. ~ Lot, Through. A lot fronting on two streets that do not intersect on the parcel's lot lines. Section 2.60 Lot, Width. The dimension of the lot line at the in an irre~ular shaped lot the dimension across the lot at the or in a corner lot the narrow dimension of the lot at a street or line. II.6 $gction 2.61 Mean Depth. The mean depth oI' a lot is the depth of such lot measured on a tine approximately perpendicular to the fronting street and midway between the side lines of such lot. Section 2.~2 Mean Ground Level. The average of the finished ground level at the center of all exposed walls of a building. Where walls are parallel to and within .five feet of a sidewalk, the sidewalk shall be considered the mean ground level. ~ection 2.6] ~oorage. A place to tie up or anchor a boat or vessel. Section 2.6~ Motel. A motel is a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units, having their own private toilet facilities and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor ledge, auto court, cabin court, motor inn and similar names. Section 2.6~ Motor Hotel. A specialized hotel designed and operated to provide hotel services and accommodations to the motoring public amd where the sleeping accommodations normally do not exceed one week's duratiom. Section 2.66 Non-conforming Building Use. The use of a building which was a lawful use at the time this Ordinance became effective but which use, because of the passage of this Ordinance, does not conform to the regulations of the district in which the use exists. .Sg. ction 2.67 Non-conforming Land Use. The use of land which was a la~ful use at the time this Ordinance became effective but which use, because of the passage of this Ordinance, does not conform to the regulations of the district in which the use exists. Section 2.68 Non-conforming Use. A use which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform with the use regulations of the district in which it is located. S~.ction 2.69 Nursery, Day. An agency or institution which urovides sup- plemental parental care during the day or by the hour for a group of children, with or without compensation. Section 2.?0 Off-Street Parking. Parking facilities for motor vehicles on other than a public street or alley. Segtion 2.?1 upward. Open Space. Any part of a lot unobstructed from the ground Section 2.7~ Outdoor Advertising Display. Any card, cloth, paper, metal painted signs, wooden, plaster, stone or other sign of any kind or character ~hatsoever placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing wha~eever. The term "placed" as used in the definitions of "outdoor advertising sign# and II-? "outdoor advertising structure" ~hall in,~'lu(le er(~ct.~ug, (~¢)nstruction, posting, Dai~%t. ing, printing, t, acki~g, mailing, gluing, sticking, carving or otherwise fastening, af['ixing or makinK visible in any man,%er whatsoever. Section 2.?~ Parking S~ace. A space within or without a building, exclusive of driveways, at .[east 10' by 20', used to temporarily park a motor vehicle ann having access to a public street or alley. Section 2.*~4 Permitted Use. Any use authorized or permitted alone or in conjuction with another use in a specified district and subject to the limitations of the regulatio~ls of such use district. Section 2.7~ Place. An open unoccupied named space, other than a street or alley, at least 2~ feet in width, permanently reserved and so recorded in the County records as the princinal means of access to abutting or adjacent property. dection 2.76 Primary Use. The principal or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. ~gction 2.?? Professional Offices. Offices maintained and used as a place of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (~it wherein no overnight care for patients is given), amd by engineers, attorneys, architects, accountants and other perso~$ providing services utilizing training in and knowledge of the mental disciplime as distinguished from training in occupations requiring mere skill or man~al dexterity or the handling of commodities. Section 2.78 Public Utility. A public service corporation performing some public service and subject to special governmental regulations, or a gover- nmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation for persons and freight, telephone companies, and cable television. Section 2.7~ Recreation Facilities. Facilities, such as boat or yacht clubs, swimming pools, athletic clubs, golf and country clubs, for the use of the general public and operated by the municipal corporation. Section 2.80 Riding Academy. Any establishment where horses are kept for riding, driving or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment. Sect;~on 2.8l Rooming House. Same as "Boarding House." Section 2.82 Sanitarium and Nursing Home. (See Home: Rest). Seq~on 2.8~ School, Commercial. A building where instruction is given to pupils in arts, crafts or trades, and operated as a commercial enter- prise as distinguished from schools endowed and/or supported by taxation. 11-8 Section 2.84 School: Elementary, Junior or Senior High, including Public, Private and Parochial. An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Washington State Board of Education. 5,,ection ~,.8~ Secondary Use. (Incidental or Accessory). A minor or second use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its primary use. ~ection.2.86 5emi-Private Facility. Any facility to which a class or a group of the public is ~ermitted to attend or use subject to the regulations of a club or other organization owning or regulating such facility. Section 2.8? Setback. Yard requirements. The distances that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right-of-wa~ lines. ~ection 2.88 Shelter Station. A shelter for the orotection from the elements of the waiting customers of a public transportation system. Section 2.8~ Sign. Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. Section 2.90 Solid Planting. A planting of evergreen trees and shrubs which will prevent a thorough and unobscured penetration of sight or light. Section 2.~1 Sorority. (See Fraternity). ~ection 2.~2 Story. That part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. Sectio~ 2.~ Street. A public thoroughfare which affords the principal means of access to abutting properties. .Section 2.~, Structure. A combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in width, retaining walls, rockeries and similar improvements of a minor character less than three feet in height. Section 2.95 Structural Alterations. Any change in load or stress of the loaded or stressed members of a building or structure. Section Z.~6 Temporary. Not having or requiring permanent attachment to the ground, or involving structures which have no required permanent attach- ment to the ground and not to exceed a period of time of six months. Section 2.97 Tourist Home. A private residence having not more than three rooms for hire to transients for Only sleeping accommodations and whose trade is seasonal in character. Section 2.~8 Trailer. sleeping purposes. (Mobile Home). A vehicle used for living or II-9 $~ction 2.99 Trailer Camp or Mobile Home Park. Land designed or used for temporary or permanent parking of two or more vehicles used for human habitation. ~ec~ion 2.100 Use. The purpose land or buildings or structure now serves or for which it is occupied, maintained, arranged, designed, or intended. S_geCtion ~.%01 Use District. A portion or portions of Port Townsend designated on Official Zoning Maps as one or more of the categories listed and described in this Ordinance. Seqt~on 2.102 Used Car Lot. Any place outside a building where two or more automobiles are offered for sale or are displayed. Section ~.103 Variance. A variance is the means by which an adjustment is made in the application of the specific regulations of this Ordinance to a particular piece of property, which property because of special circum- stances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception. ~ection 2.10~ Yard. An open space in front, rear or side on the same lot with a building or proposed building. Section 2.10~ Yard, Front. An open space extending from 30 inches above the general ground level at the principal street line to the building line and including the full width of the lot to its side lines. Section 2.106 Yard, Rear. An open space extending from 30 inches above the general ground level at the rear lot line to the main building line and including the full width of the lot to its side lines. .Section 2.107 Yard, Service. An open area, usually paved, with access to a street or alley, to allow vehicular access to a building or use for pur- poses of loading or unloading equipment, freight, livestock or people. Section 2.108 Yard, Side. An open space extending from 30 inches above the general ground level at the front yard to the rear yard and from the ~ain building line to the side lot line. II-10 CHAP'r~t~ iii t~$TABLISHM~NT OF oISI'RiCT$ ~ intent. The purpose of this chapter is to establish dis- tricts wherein compatible uses of land may be located and grouped to create, protect or maintain a living environment for the citizens of Port Townsend. Three broad categories of uses are established: residential, commercial and industrial, and it is the intent of this chapter to stabilize and protect the uses contained within these districts by excluding mutually interfering uses and to allow a maximum degree of latitude within the regulations to promote residential harmony, conduct profitable business, or contribute to the economy of the community. It is also the purpose of this classification to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use and to provide for the health, safety, morals, prosperity and well-being of the community at large. Section ~.02 Establishment of Districts. The City of Port Townsend is hereby divided into ten classes of districts with the designations and general purposes listed below and the specifically permitted and prov- isional uses tabulated in Section 3.03. Section 3.0~ 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 3.05 and 3.05, no land, building, or structure shall be used and 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" column without specific approval of the Board of Adjustment. The criteria of Section 6.08 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 6.08 through 6.10, 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 inclm~i~ the customary accessory and secondary uses. III-1 DISTRICT Single-Family Residential ~-~(A) 5ingle-Fami ly Residential R-II Multiple-Family Residential R-III Neighborhood Commercial C-I General Commercial C-II 6ommunity Commercial C-III Light Manufacturing or Industry M-I Manufacturing or Industry M-II Primarily a single-family residence district with adequate plot areas required and incl~ing the customary accessory and secondary uses, ~th agricultural use also allowed. Primarily a single-family residence district, low density multiple residence district, ~th equate plot areas required and including the customary accessory and secondary uses. Primarily a multiple-family residence district with adequate plot areas required and some single-family residences and the customary accessory and secondary uses. Exclusively a neighborhood district for the vision of convenience shopping for a li~i~ residential area and which involves retAt.':l prises dispensing commodities, providing sional services, or providing personal to the individual. Primarily a general commercial district for the conduct of enterprise which depemds on to major streets or arterials for trade or portation. Primarily for the conduct of retail trade, istrative and professional offices, and to the general public, in the central district, with emphasis on large scale specialized shops serving area. Partially use as apartments is a permit~ Primarily for light manufacturing, fabrication and assembling of products or ials, uarehousing and storage, and transportat~'~ facilities. Primarily for heavy manufacturing, processing, fabrication and assembling of products or materials. III-2 P~41TTED AND GONP~T~ONAL US'E~ Abattoirs Accessory uses and structures incidental to any permitted residential use, such as servants' quarters, garages, greenhouses or workshops, provided that none shall be rented or occupied for gain, that no accessory building to be used for living quarters shall be constructed upon a plot until the construction of the main build- ing has commenced. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard Acetylene gas manufacture and/or storage Acid manufacture Agencies as follows, rendering special- ized services not involving retail trade with the general public nor maintenance of a stock of goods for sale: real estate insurance, advertising, brokerage. Airports and landing fields Alcohol and alcoholic beverage manufacture Alcohol beverage packaged retail sales Ammonia, bleaching powder or chlorine manufacture. Amusement enterprises similar to billiards pool, bowling, shooting gallery, roller rink, dance hall, but not including theater. Amusement park or zoo. Animal farm and livestock barns (except hog farms) on a commercial scale. Antiques and gift sales. Apartment house. X Pkt~M£TTED AND CONDITIONAL USES Apothecary shop operated as a retail use within a building, the primary use of which is for a hospital, clinic or physi- cians' offices, provided that said apoth- ecary shop shall sell only drugs, pre- seription m~dicine (both ethical and proprietary), medicinal supplies and appliances and pharmaceutical products~ and provided further, that not more than fifty percent of the ground floor area of such building be used for such apothecary shop Appliance distributors for wholesale Art suvply retail sales Asphalt manufacture or refining Assembly halls, coliseums, stadiums Assembly of machines and appliances from previously prepared parts Automobile (new and used) and accessory sales Automobile commercial parking enterprise Automobile laundry Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of Chapter IV Automobi~ repair garages Automobile and truck assembly Bakeries or baking plants Bakery shops and confectionaries oper- ating both wholesale and retail business, provided such operations are limited to 1,500 square feet of manufacturimg area and to the use of non-smoke producing types of furnaces Ill.~ X X PErMIttED AND CONDITIONAL USES Sanka ~arber, beauty and other personal services ~eddlng, carpet and pillow manufacturing, and renovating Billboards as defined in Section 2.89 Blacksmith or horseshopi_n§ shops Blueprints and photostating establish~ents Boat building and repair Boat ~arinas, docks and piers for pleasure craft, public and private Boat sales, new and used Book bindery Book amd stationery stores Bottling ~orks for soft drinks ~rick, tile or terra cotta manufacture Bus passenger stations Bus repair and storage terminals Candy products aanufacture Canvas amd burlap products manufacture, sale and storage Catering establishnents Catering establishments conducted as an incidental h~e occupatioa except that not ~ore than fire te~pora~ .employees ~y be e~o~ on these pr~se8 ~ll~e ~aetu~ ~.t. ~, plier ~nufaet~e AND GON~2T~ONAL U~'f~ Cemeteries, mausoleums, columbariums and crematories Churches and other places o£ worship, including parish houses and Sunday School buildings Clinics Clothing manufacture Clothing s~les Clubs and other places of entertainment operated as commercial enterprises Coal or coke yards Coffee ~oasting Cold storage plants Colleges, business colleges, trade schools music conservatories, dancing schools and similar organizations, all without student in residence, offering training in specifi, fields Contractors' plants or storage yards Convalescent and nursing homes and homes for the care of children or the aged Convalescent, nursing and foster homes conducted within the principal building as an incidental home occupation Cooperage works Cosmetics and perfume manufacture Creosote manufacturing or treatment plants Crop or tree farming, greenhouses, and truck gardening including the sale of products raised on the premises III-6 x PE~'~ITTED AND CONOlTIONAL Crop or tree farm2ng greenhouses and truck gardening including the sale of products raised on the uremises, urovided that no retail stand or other ~ommercial struct- ure shall be located ~hereon and no green- house heating plant shall be operated within 20 feet of any plot line Dairy products processing, bottling and distribution, ice cream manufacture, all on a wholesale basis Dairy bars and ice cream manufacture for retail sale on the premises only Department and variety stores Distillation of bones, coal, petroleum, refuse grain, tar and wood Drive-in theaters Drug stores Dry cleaning pick-up stations Dry cleaning plants Dry cleaning, pressing and dyeing plants operated in conjuction with retail service counter, provided that not more than 2,000 square feet is devoted to these processes Dwelling, multi-family attached row with- out cou~on interior halls or entrances Dwelling, other multi-family Dwelling, single-family Dwellings, two-Family Dye stuff manu£acture Eating and drinking establishments X X III-Y, .................................... AND ~ONDITIONAL Eating and drinking establishments when operated as an accessory (incidental) use to a motel Electric light or power generating station faery cloth or sandpaper manufacture Enameling, japanning, lacquering, or the plating or galvanizing of metals Excavations, other than simple foundation Excelsior and fiber manufacture Explosives, ~unition, fireworks, gun- powder manufacture Farm machinery assembly, repair and sales Fat rendering, production of fats and oils from animal or vegetable products by boil- ing or distillations Feed and seed processing Feed and seed retail sale Felt manufacture Fertilizer manufacture Fertilizer ~holesale sales Fertilizer retail sales Finance and loan companies Florists, retail Flour, feed and seed processing Food processing in wholesale quantities except meat, fish, poultry, vinegar and yeast AND COnDiTiOnAL U~'~ Food processingi for sale at retail on the premises, but excluding the killing and dressing of any flesh or fowl Food stores (retail only): Grocery, delicatessen, meat and fish, but exclud- ing the killing and dressing of any flesh or fowl Forging plants Foundries or metal fabrication plants using plate and structural shapes Frozen food lockers Fuel oil and kerosene for domestic heating purposes in ground containers not exceeding ?50 gallons capacity Fuel oil and kerosene: the incidental sale at retail of same in cans of not over five-gallon capacity Furniture retail sales Furriers, retail sales Fur storage Garages for storage only of automobiles as an accessory to a public or quasi- public institution Garbage, offal, and animal reductions, or processing Heavy industry not otherwise listed, pro- vialed Board of Adjustment finds such industry is similar to other industries in ~-II district Home occupations as regulated in Sections 2.~5 and 6.08 Home, retirement PE:O~iTTED AND CONDITIONAL USES Horse riding staol~s Hosiery manufa~~. ture Hospitals Hotels and inns Hotels not catering to transient guests and not carrying on merchanising except that which is incidental to the operatibn of the hotel and for the convenience of guests and where there is no exterior display of merchandise Ice manufacture storage and sales Incidental accessory retail uses such as cafeterias, gift or variety shops, soda bars conducted solely for the convenience of the employees, patients, patrons or visitors on the premises wholly within the principal building and without exterior advertising display Incidental keeping of non-transient boarders or lodgers by a resident family, provided not more than 50 percent of the total floor area in one dwelling unit used for living purposes is devoted to such occupancy Incidental keeping of non-transient boarders or lodgers by a resident family, provided not more than 25 percent of the total floor area in one dwelling unit used for living purposes is devoted to such occupancy Industrial chemical manufacture except highly corrosive materials Insulation material manufacture and sale Jails and penal institutions Jewelry and watch sale x x x Junk 3ares aha auto wreckinj, but only when conducted within an ~n¢losure not less than eight feet in height and with a solidity of not less than 60 percent; said enclosure shall be located at least 50 feet from any public street Kennels, commercial Laboratories for research and testin~ Land fills, reclamation to improve steep, low or otherwise unusable land Land fills, sanitary, for disposal of stumps, trash and garbage Laundries: all hand laundries an~ any small power laundries operated in con- junction with a retail service counter on the premises where not more than 2,000 square feet of floor space is devoted to the laundering and finishing processes, provided the total operating capacity of all commercial washing machines shall net exceed 400 pounds and no coal-burning or smoke-producing equipment is used Laundries, steam Launderette service: where individual family-sized laundry equipment is rented for use by the customer Laundry pick-up stations LeaLher goods, manufacture Libraries, museums, and ar~ galleries Light manu£acturing or processing not otherwise named herein, provided no oper- ations are carried on, or are likely to be carried on which will crea~e smoke, fumes, noise, odor or dust, as regulated in Section 3.0~F which will be detrimental to the health, safety~r general welfare of the community Linseed oil, shellac, turpentine, manu- facture or refining Lock and gunsmiths Lodges, fraternal and social organizations provided that any such establishment shall not be conducted primarily for gain Lumber yards, building materials,storage and sale Machine shops ~achine tool manufacture Marguee as permitted by building code ~ith sign or signs Meat processing and packing other than slaughter Metal fabrication and boiler or tank works Microwave relay stations ~[xing plants for concrete or paving materials and manufacture of concrete products ~otorcycle sales and repair Motels and motor hotels Music stores News stands Nursery, landscape materials Office buildings: governmental and pri- vate office buildings including profess. ional offices Office buildings and professional offices in ~hich no activity is carried on cater- ing to retail trade or service ~ith the · · ~ae~n~.~ ~o~r aaa. re .o stock of goods is Pk~ITTED AND CONDITIONAL OFfices for doctors, lawyers, dentists, architects and engineers, conducted with- in the principal building, but only by a person resident in the building provided that not more than one person not a res- ident of the premises is employed and that not more than 25 percent of the total floor area in any dwelling unit is devoted to such use Office equipment and supplies sales and service Office and secretarial service estab- lishments Offices operated as an incidental home occupation where no contact is made with the general public, and subject to Section 6.08 Oilcloth or linoleum manufacture Optical and scientific instrument, jewelry and clock, musical instrument manufacture Opticians and optical supplies sales Ore reduction Orphanage and charitable institutions, all provided that no buildings so used shall be within 100 feet of any plot line Oxygen manufacture and/or storage Paint amd enamel manufacture Paint retail sales Paper, pulp, cardboard, and building board manufacture Pa~n shops or second-hand stores Pet shops, bird stores, taxidermists ?E~MITTED AND CONDITIONAL USES Petroleum and petroleum products in un- pressurized tanks of more than 15,000 gallons capacity, bulk storage Pharmaceutical products manufacture Photographic studios and camera supply stores Physical culture establishments Planing or sawmills Plastics manufacture Plating works Plumbing shop and yard Pottery, porcelain and vitreous china manufacture Poultry dressing for wholesale Printing, publishing and reproduction establishments Printing, publishing and reproduction establishments operated by three persons or less Produce stands Public grade schools and private schools having curricula approximately the same as ordinarily given in public schools including gymnasiums and assembly halls in conjunction therewith Public or private colleges or universities Public transportation shelter stations Public utility installations Quasi-public buildings, non-profit in character Pk~Mi'I'TED AND CONDITIONAL U~.ES Kadio, television, retail sales and service ~adio an~ television broadcasting stations a.gQ masts Rag, bag, and carpet cleaning establish- ments Rapid transit routes and terminals Repair and servicing of office and household equipment Repair and servicing of industrial equipment machinery Residential uses: all uses permitted in any residential district as set forth in this table may be continued as non-con- forming uses as provided in Section 2.66, 2.67, and 2.68 and further may be estab- lished or changed to other such resi- dent. iai use, provided such use is carried on within preaexisting buildings occupied by or designed for any residential use at the time of the establishment of the industrial and commercial districts and provided that any building and plot containing one or more dwelling units shall comply with the dimensional requirements of the R-III district set forth in Section 3.04 Retail stores not otherwise named on this list including those conducting incidental light ~anu£acturing or processing of goods above the first floor or in the basement to be sold exclusively on the pre~ises and e~ploying not more than ten operatives Retail :ores similar to those other~ise na~ed on this list Rock crushers III-16 x PERMITTED AND GONDITIONAL USES godenticide, insecticide and pesticide mixing plants Rubber manufacture Schools, commercial Scrap paper or rag storage, sorting or baling when conducted within a building Sheet metal shops Shoe repair Signs, illuminated or otherwise, as regulated in Section 3.0~, but not billboards Signs: a small professional or announce- ment sign, not over four square feet in area, mounted flat to the main wall of the building. Signs: marquee as permitted by building code with sign or signs Signs designed to overhang a public sidewalk not more than three feet and only if illuminated Sign manufacture, painting, and maintenance Soap, detergent and washing compound manufacture S~orting goods sales Storage, umder cover, of goods intended for retail sale on the premises, but not including combustibles Storage warehouses and yards Stone cutting, monument manufacture and sales PERMITTED AND GONDITIONAL USES Swimming pools or beaches, public or semi-private Tailors, dressmakers, milliners Tanning, cutting, curing, cleaning or storing of green hides or skins Tar and waterproofing materials manu- facture, treatment and storage Taxi stands Taxi stands limited to five taxis Temporary buildings or structures TexiZe machinery manufacture Textile manufacture Theaters, coliseums and assembly halls housed in a permanent indoor structure Tire recapping and retreading Tourist homes, catering to seasonal trade Trailer camps Trailer sales areas Truck terminals, repair shops, hauling and storage yards Undertaking establishments, mortuaries, funeral homes or parlors Upholstery, paperhanging, and decorator shops Used car lots Veterinary hospitals Waste paper and rags, collection and baling Water and sewaEe treatment plants and water towers Wholesale and jobbing establishnents includiuE incidental retail outlets for only such ~erchandise as is handled at ~holesale WoodeorkinE shops, mill~ork Section ].C~ Bulk and D£mensional Requirements. In recognition of the various topographical conformations and geographic rela:ionships in the City of Port Townsend and with consideration for the health, safety, and general wel£are of the citizenry, bulk, dimensional and general require. merits for the several districts are herewith established and set down opposite in the table: Bulk, Dimensional and Oeneral Requirements. BULK, DIMENSIONAL AND GENERAL~EQUI~d~LENTS (Continued on next page) ZONE MINLMUM LOT KEQUIF~MENT AREA WIDTH (Sq.ft.) (Feet) P-I None specified 50 MINIWOM Y~JAD REQUIREMENT M~. LOT ~~ FRONT SIDE REAR COVERAGE HglOHT (In feet) (Feet:) 20 10 each 20 45% ~0 2o l ;lo on 20 35% 3o 1 side R-II 5,000 50 1 side R-III* None specified C-I None specified ?0 1 side stories 20 5 each 20 1 sq.ft. 35 of &ross floor area per 3 sq.ft. of lot C-II 0-III M-I M-II No restrictions No restrictions No restrictions No restrictions No restrictions except 1 sq.ft, of 3~ when abutting an R-zone &ross floor then~ area per 1 sq. None 10 each 25 ft. of lot area Requirements same as above Gross floor 50 area not to exceed 3 times lot area 20 10 each 2O 1 sq.ft, of ~ gross floor area per 1 sq. ft. of lot area ~0 20 each 40 Same as abeve3~ III-20 ZONE P-I R-II R-III C-I BULK, DIMENSIONAL AND GENERAL REQUIREMENT (~ontxnued from proceeding page) SIGN FENCE LIMITS LIMITS (Feet) NOTES Unlighted Front 10 sq. Ft. Side 6 Rear 6 Unlighted Front 3 3 sq. ft. Side 6 Rear 6 Off-street parking required in accordance with Section 3.0~ and Chapter 4 Parking - same as above Unlighted Front 3 4 sq. ft. Side 6 Rear 6 Unlighted Front 3 4 sq. ft. Side 6 Rear 6 Simple ilium- Minimums ination only; Side 6 area not to ex- Rear 6 ceed 50 sq. ft. Parking - same as above. Maximum number of units per lot shall be restricted to four Parking . same as above. Ail service drives amd parkings areas shall be hard-surfaced. Parking . same as above. C-II Simple ilium- Minimums ination only; Side 6 area not to ex- Rear 6 ceed 100 sq.ft. Parking - same as above. C-Ill Same as above Minimums Side 6 Rear 6 Parking - same as above. M-I Same as above Minimums Side 10 Rear 10 M-II Same as above Minimums Side 10 Rear 10 Performance standards, Sec. 3.0~ apply. Off-street parkings ,and areas required in accordance~ 3.05D and Chapter 4. Same as above, 'When the number of bedrooms ~er dwellin~ unit is: Bachelor . 0 bedrooms 1 bedrooms 2 bedrooms 3 bedrooms Minimum Lot Area ~er dwelling unit 1,000 sq. ft. 1,500 sq. ft. 2,000 sq. ft. 2,500 sq. ft. III-21 ~.ection 3,0~ dre,nbeit requirements. Where M and C zones abut R zones, the request for permit must be accompanied by landscape plans to obscure view and ,~im~t access. Jeeti~on ~.06 Li~itat. ions on Uses. Those permitted uses locating in the several zones shall be subject to the following limitations~ All sites in a "M" classified zone havin~ a common boundary with an "~" classified property, shall have planted and maintain~ along such common ~undar~.a view-obscuring ~reenbelt of shrubs, trees and native vegetation not less than eight feet in height nor less than ten feet in width, for screenin~ purposes and controlling access; All premitted uses established after the effective date of this O~inance or enlarge~ ts amounting to an increase of 20 percent in greys floor area a use established prior %o %he effective date of this Ordinance, shall provide off-street parking a~d loading areas for each use and enlargement in accordance with the provisions of Chapter IV of this Ordinance; Where lighted signs and illuminated areas are permitted, such illun~inating devices shall be shaded and directed so as not provide glare toward any "R" classified Df.perry; Industrial uses shall be subject to the following conditions: In all industrial districts, the noise emanating from the premises used for industrza~ activities shall be muffle~ so as to not become objectionable due to intermittent beat, frequency or shrillness, and where and industrial zone adjoins a residential district the noise loudness measured at the boundary line shall not exceed $0decibels between the hours of 11:30 p.m. and 6:00 a.m., and 60 decibels at other hours. Industrial and exterior lighting shall not be used in such a manner that produces glare on public highways and ~eigh~- boring property. Arc welding, acetylene torch cutting or similar processes shall be merformed so as not to be seen from any point beyond the o~tside of the property. In terms of fire and safety hazards, the storage amd hand- ling of inflammable liquids, liquified petroleum, gases and explosives shall comply with rules and regulations falling under the jurisdiction of the City Flre 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 %0 the property line than the greatest dimension (~iametmr, length, or height) of the tank. III-22 l~rov~sions must be made for necessary shielding or other preventive measures against interferences occasioned by mechanical, electrical and nuclear equipment, uses or processes ~th electrical apparatus in nearby buildings or land uses. ~quid 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 products shall be exposed to view from eye level from any property line in a "M" district. III.2j CHAPTER IV G~NEkAL PROVISIONS OFF ST~T PA~KING, LOADING AH. gAS, FENCES, GR~ENBELTS, PLANNED UNIT DEVELOPMENTS, TRAILER OR MOBILE HOME PARKS, PUBLIC AND HISTORIC ZONES. Section 4.01 Intent. Provisions of this chapter are of general applica- tion to one or more of the districts described in Chapter III. It is the in- tent of this chapter to set down provisions for off-street parking, loadimg areas, etc., to prevent congestion in the streets, promote and protect property values and to provide for the health, safety and welfare of the citizenry. Section 4.02 General Requirements, Parking. Each off-street parking space shall have a net area of not less than 200 square feet, exclusive of drive- ways or aisles, and shall be of usable shape and condition: to determime on a gross area basis, 300 square feet shall be allowed per vehicle. If the required parking space for a one- or two-family dwelling is not provided in a covered garage, then such space shall be not less than 200 square feet, and shall be so located and/or constructed that it may later be covered by a garage structure in accordance with the provisions of this Ordinance and the City Building Code. Location: off-street parking facilities shall be located as herein- after specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the park- ing facility to the nearest point of the building that such facility is required to serve; For one- and two-family dwellings: on the same lot with the building they are required to serve; For multiple dwellings: not more than 100 feet; For hospitals, sanitariums, homes for the aged, rooming and boarding houses, fraternity and sorority houses: not more than 300 feet; For uses other than those specified above: not more than 500 feet. Expension and Enlargement: whenever any building is enlarge in height or in ground coverage, off-street parking shall be provid~ for said expansion or enlargement in accordance with the require. ment of the schedule, provided, however, that no parking space need be provided in the case of enlargement or expansion where the number of parking spaces required for such expansion or en- largement is less than ten percent of the parking spaces specified IV-1 Ee F® in the schedule for the building. Nothing in this provision shall be construed to require off-street parking spaces for the portion of such building e×isting at the time of passage of this Ordinances Mixed Occupancies: in the case of mixed uses, the total, require- merits for the various uses shall be computed separately. Off-street parking facilities for one use shall not be considered as hereinafter specified for joint use; Uses Not Specified: in the case of a use not specifically mentioned in Darts below, the requirements for off-street parking facilities shall be determined by the Board. Such determination shall be based upon the requirements :for the most comparable use listed; Joint Use: the Board may authorize the joint use of parking facilities for the following maes or activities under conditions specified: Up to 50 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; 0 Up to 50 percent of the parking facilities required by this chapter for primarily '~aytime" uses may be supplied by primarily "nighttime" uses; Up to 100 percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school, may be supplies by the off-street parking facilities provided by uses primarily of a "daytime# nature. Conditions Required For Joint Use; the building or use for which application is being made to utilize the off-street parking facil- ities provided by another building or use shall be located within 500 feet of such parking facilities in addition to which: Ate applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; e The applicant shall present a properly drawn legal instrument to be recorded with the County Auditor, executed by the parties concerned for joint use of off-street parking facilities approved as to form and manner of execution by the City IV-2 Attorney; such instrument to be fi]ed with the Building Inspector upon approval by the 8card. Table of Minimum Standards: required parking spaces shall be in conformance with the following Table and where alternative stand- ards prevail, the greater applies in conflicting computations~ Table of Minimum Standards USE ~esidential, single-family ~esidential, duplex or multi-family Roo~ing houses, similar uses Motels PAkKING SPACES 2 per dwelling unit 1.5 per dwelling unit 1 per roo~ing unit 1 per unit l{otels, Motor Hotels Hospitals Theaters Churches, auditoriums and similar enclosed places of assembly Stadiums, sport arenas and similar open assemblies 1 per sleeping room 1 her two beds, excluding bassinets 1 per $ seats 1 per a seats or 60 lineal inches of pew or 40 square feet of gr~ss flor area used for assembly purposes 1 per 8 seats amd/or 1 each per 1(~ square feet of assembly space without fixed seats Bowling alleys Convalescent homes for ages Banks, business and professional of- fices (other than medical and dental offices) with on-s~e customer service 8 per alley 1 per 5 beds 1 per 400 sq. ft. gross floor area Medical and dental offices 1 per each 150 gross sq. ft. of floor area Offices not providing customer services Mortuaries Warehouse, storage and wholesale business 1 per 4 employees or 1 per ~00 sq. ft. gross floor area 1 per 75 sq. ft. of gross floor used for assembly 1 per each 2 employees on maximum working shift I¥-3 Food and ,beverage places with .~a[es and comsutnption on premises it' less than 4,000 sq. ft. floor area ii' over 4,000 sq. fL. floor area Furniture, appliance, hardward, cloth- ing, shoe, personal, service stores Motor vehicle, machinery, plumbing, heating, ventilating, building supplies stores and services 1 per 200 sq. Ft. gross floor area 20 + 1. per 100 sq. ft. gross floor area in excess of 4,000 sq. ft. I per 600 sq. ft. gross floor area 1 per 1,000 sq. ft. gross floor area or 1 per each 3 employees Other retail if less than 5,000 sq. ft. floor area if over 5,000 sq. ft. floor area Manufacturing uses, research testing and processing, assembling, all industries Libraries and museums Schools, elementary and junior high Schools, high 1 per 300 sq. ft. gross floor area 17 + 1 per each 100 sq. ft. in ex- cess of 5,000 sq. ft. 1 per each 2 employees on maxi~u~ shift and not less than 1 per each 800 sq. ft. gross floor area 1 per each 200 sq. ft. gross floor 1 per each employee and faculty~e~ber: 1 per each 50 students + 1 per each employee and faculty member Plans{ the plan of the proposed parking area shall be submitted to the City Engineer at the time of the application for the building for which the parking area is required. Said plan shall clearly in- dicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping, construction details, amd other features and appurtenances required: All traffic..~ control devices such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs, and other developments, shall be installed and completed as shown on the approved plans. Hard-surfaced parking areas shall use paint or similar devices to delineate car stalls and directio~al arrows. Gravel parking areas shall use wood or concrete bull rails or wheelstops and posted signs to delineate car stalls and direction of traffic. ~here oedestrian walks are used in parking lots for the use of foot {raffic only, they shall be curbed, or raised six inches above the lot surface. Ail ~ays, off-street parking areas and public off-street areas · ediately adjacent to a service drivewaywhich leads to a har~. surface public street shall be hard-surfaced ~ith a ~inl~uaof two inches of asphaltic concrete, and for a driving distance at least 50 feet from said service driveways~ e Minimum dim~nsions of off-street parking areas shall be not 'less than as shown on Figure 1, Minimum Parking I~t Require- ment; Landseaoing shall be included, as a part of lot design and shall include tree and shrub pkantings within and around the ~arklng area at apnrox~mately 70 feet on center each way; Plans fo:- screening in the form of a solid mansonry wall, architectural fences or dense hedges shall be submitted with request for permit when lot has common boundary with any "l(" classified property; Lighting of areas provided for off-street uarking shall be so arranged to not constitute a nuisance o~ hazard %o pass- ing traffic and where said lots share a common boundary with any "R" classified property, the illuminating devices shall be so shaded and directed to play their light away from "R" classified property; Maintenance of all areas provided for off-street parking shall include removal and replacement of dead and dying trees, grass and shrubs, removal of trash and weeds, and repair of traffic control devices, signs, light standards, fences, walls, surfacing material, curbs and railings. Section 4.03 General Requirements, Loading Areas. Each off-street load- ing space shall measure not less than 30 feet by 12 feet and shall have am unobstructed height of 14 feet 6 inches and shall be made permanently avail- able for such purposes, and shall be surfaced, improved and maintained as required in Section ~.02 H. Required loading spaces shall be in conformance with the following Table: Deparment stores, freight terminals, hospitals, sanitariums, industrial or ~anufacturing establishments, retail or wholesale stores or storage ~a~ehouses or any similar use which has, or intends to have 10,000 square feet or more, shall provide truck loading or unloading berths: Square feet of aggregate gross floor area Required number of berths 10,000 to 15,999 16,000 to 39,999 ~0,000 to 65,000 each additional 16,000 1 2 1 additional Auditoriums, convention or exhibit halls, sports arenas, hotels, office buildings, restaurants or similar uses which have, or tend to have an aggregate gross floor area of ~0,000 square feet or more, shall provide truck loading or unloading berthsl IV-5 Square feet of aggregate gros:-~ floor area Eequired number of berths 40,000 to ~,9,999 00,000 to ~9,999 100,000 to 100,000 each additional 00,000 1 2 1 additional O~ctiqn 4.~ ~,meral Nequirement, Fences and ~reenbelts. Fences or hedges ~roviding a maximum of six feet sight obstruction from adjacent properties may be built on the side and rear property lines, ~nd across th~ front of the property line with the front of a building, but not eIoser to the street right-of-way than ~0 feet. Corner lots must obse~e the 20-foot fence set-back on both streets. From the ~O-foot fence set- back line l~ the street right-of-way, solid fences a max~ of three feet high, measured from the ground on which the fence stands, are ~rmitted; open rail fences a maximum of four feet six inches in height are permitted where the rails and posts constitute not more than one-third of the fence area. Where fence heights greated than those contained herein are directed, the greater shall apply. Greenbelt or sight-obscuring constructions, where required by pro- visions in this Ordinance shall be of evergreen plantings, or climbing varieties of non-deciduous vines on ~ermanently installed mesh or architectural fencing of such design and material that retains it attractiveness with nominal maintenance. Greenbelt, open-space oreservation and/or landscaping shall be in keeping with local conditions and plant materials. There shall be proper maintenance and injurious or unsightly ~eeds, etc. will not be permitted. Section 4.05 General Requirements, Planned Unit Developments . Residential. The unified and planned development of a site, in single or corporate owner- ship at the time of development, may be permitted in a PUD Planned Development Overlay District without the customary division into individual lots, or without specific compliance to the district regulations as applicable to individual lots subject to the regulations as hereinafter provided in t~tis section and as previously proveded in Section 3.$. Application of Regulations In addition to the uses permitted in the underlying district any other use may be permitted as previously designated in Section 3.03 consistent with the criteria established in sub- paragraph "C" following Individual uses and structures in a Planned Unit Development Project District need not comply with the specific building location, height, building size, floor area, lot size, and open space requirements of the underlying basic d~stric% provided that the spirit and intent of such requirements are complied with in the total development plan for such oroJeet consistent with the criteria as established in subpar~raph MINIMUM PARKING lOt PERPENDICULAR PARALLEL ANGLE: PARKING PARKING PARKING REQUIREMENTS GRAVEL PARKING TURNING CLEAR~ TWO -- WAY TRAFFIC IHGi~ S[(:TIO~ BANK NSI.E LEN6TI IT&LL WIDTH WIDTH WIDTH ~ CM ~DI'# ~ ONE -- WAY TRAFFIC ~.NG4~ S~CTIQ~ BAkK aiSLE LtNGT# STALk 40- ZV-7 Be "O'~ following, and subject to such further requirements as were previously specified under Section '~,0~. Procedure. 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 pea'mit the application of the provisions of this section to such development. Such petition shall be accom- panied by a fee of $25.00 plus $1.00 for every acre or frac- tion thereof in the project area, and the following infon~- ation: A statement describing the general 'character of intended development along with such other pe~inent information as may be necessary to a determination that the contem- plated arrangement or use makes it desireable to apply regulations and requirement differing from those ordi- narily applicable under this Chapter. A general development plan of the pro~eet showing at least the following information or such additional information as may be required by the P~anning Commission in a specif- ic situation in sufficient detail to allow the Planning Commission and the City Countil to apnly the criteria for approval as hereinafter set forth: (1) (2) (6) (7) (8) An accurate map of the project area including its re- lationship to surrounding nroperties. Statistical data on total size of project area, area of open space, density computation and propose4 number of residential units, population analysis, market analysis, economic analysis, imnact upon municipal services and any other data pertinent to a comprehem- sire evaluation of the propm~d development. The pattern of public and private roads, driveways, and parking ~acilities, intended design standards. The size, arrangement, and location of lots or of proposed building groups. Th~ type, size and location of structures. The location and sizes of sewer and water facilities Architectural drawings amd sketches illustrating the design and character of proposed structures. The location of recreational and open space areas ~ areas reserved or dedicated for public uses such as school, park, etc. IV-8 (9) General landscape treatment. (10) Existing topography and storm drainage pattern and proDosed st')rm drainage system showing basic topo- graphic changes. General outline of intended organizational structure related to property o~{er's association, deed restri¢. tions, and provision of services. Aeferral to Planning Commission. Such petition shall be re- ferred to the Planning Commission and processed as any other petition for zoning change. Upon completion of necessar~ study and investigation the Planning Commission shall ~ake its recommendation to the City Council as ix) the appropriateness and desirability of the proposed zoning change, the suitability of the building, site, and development plans, and any addition- al conditions which it may feel necessary or appropriate. Public Hearing. Upon receipt of the Planning Commission's recommendations, the City Council shall cause a public hearing to be held pursuant to Section 6.15. Basis for Approval. The Planning Commission in making its recom- mendations and the City Council in making its determination shall give consideration and satisfy themselves as to the following= That the proponents of the proposed development have demonstra- ted that they intend to start construction within a reasonable period~following the approval of the project and requested overlay of the PUD Oistrict, that the project aDpears economi- cally sound, that adequate financing is possible and that the development will be carried out according to a reasonable con- struction schedule satisfactory to the City. That the proposed development is consistent in all respects to the spirit and intent of this Chapter, is in conformity with the general plans for community development, would not be con- trary to the general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific de- velopment plans have been prepared with competent professional advice and &uidance, and that the benefits and improved design of the resultant development justifies the variation from the normal requirements of this Ordinance through the application of the Planned Unit Development Overlay District. In the case of proposed residential developments= That such development will create an attractive residentS/t[ environment of sustained desirability and economic compatible with the character established for the area the co.unity Comprehensive Plan, and where the economo impact of the development in terms of income levels, ty values, and service demands is at least as benefic~al be de he to the co.~unity as that which could be anticipated under the basic zoning. That the population composition of the development will not alter adversely the impact upon school or other municipal service requirements as anticipated under the existing basic zoning and Comprehensive Plan. That the project will not create traffic or parking demand incompatible with that anticipated under the Comprehensive Plan. That the total average residential density of the project will be comoatible with the Comprehensive Plan. An increase in the computed allowable maximum densitymay be permitte~ upon recommendatlon of the Planning Commission that the increased density is Justi~iea in terms of the relationship to open areas, service demand, and the total quality amd character of the project. The minimum size of parcel which will be considered by the Planning Commission for a Planned Unit Development will two acres (87,120 sq. ft.). That adequate guarantee is provided for permanent retention as "open area" of the residual open land area resulting from the anplication of these regulations, either by private reservation as an enhancement to the development or by dedi- cation to the public. In the case of private reservation the open area to be served shall be protected against building development conveying to the City as part of the conditions for pro- ject approval an open space easement over such opem areas restricting the area against any future building or use except as is consistent with that of providing lamdscaped open space for the aesthetic and recreational satisfaction of the surrounding residence. Buildings,~or uses for men- commercial recreational or cultural parposes compatible with the open-space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the City Council following approval of building, site, and operational plans ~y the Planning Commission. The care and maintenance of such open space reservations shall be assured either by establishment of appropriate management organization for the project or by agreement with the City for establishment of a special service dim- trict for the project area on the ~asis of which the Gi~V shall provide the necessary maintenance service and law the cost thereof as a special assessment on the ta~ ~iis of properties within the project area. In amy case the City shall have the right to carry, out, ned levy an IV-10 assessment for the cost of, any maintenance which it feels neaessary if it is not otherwise taken care of to the satis- faction of the City. The manner of assuring ~aintenance and assessing such cost to individual, properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property. Ownership and tax liability of private open space reserva. tion shall be establihsed in a manner acceptable to the City and made a part of the conditions of the plan approval. Determination The City Council after due consideration ma~ deny the petition, approve the petition as submitted or approve the petition sub- ject to additional conditions. The approval of a petition and consequent amending of the zo~ng map by overlay of the PUD District shall be based on and includs as conditions thereto the building, site and operational pl~ for the development as approved as well as all other comm~tmen~ offered or required with regard to project value, character or other factors pertinent to an assurance that the prcgese4 development will be carried out basically as presented in Se official submittal plans, and shall be mapped and recorded as provided for under conditional use requirements. Detailed construction and engineering plans need not necessarily be completed at the time the overlay zoning is granted, but the approval o£ such preliminary plan shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses. The developer shall enter into an appropriate contract with the City to guarantee the implementation of the development accord- ing to the terms and conditions established as a part of the development plan anproval. Any subsequent change or addition to the plans or use shall first be submitted for approval to the Planning Commission and if in the opinion of the Planning Commission such change or addition constitutes a substantial alteration of the orig- inal plan, a public hearing shall be required. The provisions of Section 6.08 governing Conditional Use criteria shall apply to Planned Unit Developments. IV-Il ~ec.tloq 4.06 Trailer or Mobile Home Parks. As noted in Chapter III of this Ordinance, all proposed trailer or mobile home parks will be considered o,~l,¥ as conditiona! uses in t!~e "H-I (A)" or "P-I" zones. Furthermore, all proposed trailer parks shall abut an arterial street and be in compliance with applicable ~t~te laws and meet County Health requirememts. All public utilities must be readily aw~i~able to the proposed site. Together with the fee and request, petitioner must be prepared to submit a detailed develop- ment plan showing as a minimum: lot lines, trailer locations, community facilities and open space, roadways and walkways, utilities and general types and locations of screening and landscaping. A brieg written desc- ription of the plan, staging of development and photos or ske'%ches of the trailers may also be required of the petitioner. Minimum marcel size for consideration must be ~ acres. ~ Public Zone (P-l). This zone is designated for and shall be interpreted to apply to all public lands and buildings within the City of Port Townsend and may also be applied to quasi-public land and buildings. The general purpose of this section in the Ordinance conforms to the basi~ ~ provision for the health, safety and welfare of the citizenry, which purpose shall be equitably interpreted for both public and nrivate development. The more specific ourpose, esoecially in ~iew of the numerous and importamt lands and ~uildings owned and~or occupied by public agencies in the City, is to herewith provide a mandatory referral clause a~rfecting all development plans of all public ventures within or abutting the corporate limits of the City. Public agencies as herein defined include, but are not limite~ to, Federal and State agencies, Jefferson County, School, Port and Utility districts and the City itself. Said agencies shall submit to the Planning Co,t~Assion ten days prior to their respective public hearings two sets of their site development plans. The Planning Commission shall review the submitted plans for comparability with the Comprehensive Plan and may transmit their findings to the Mayor and the relevant public agency. IV-12 D1S'I'~{.ICT A.~D BOUNg~.~iE,S Jection 5.01 The locations and boundaries of the zoning districts shall be as sho~n on the map accompanying this Ordinance and made a part of, entitled, "Official Zoning Map, Port Townsend, Washington." The Official Zoning Map and all the notations, references, and amendments thereto and other information shown thereon are hereby made a part of this Ordinance, just as if such information set forth on the map were fully described and set out herein. The Official Zoning Map, attested by the signature of the Mayor and the City Clerk, with the seal of the municipality affixed, shall be kept on file in the office of the Building Inspector, and shall be available for inspection by the public. Section ~.02 Boundaries. The boundaries of such districts are as shown upon the Official Zoning Map, which is hereby adopted. The pro- visions of this Ordinance are hereby attested by the signature of the Mayor and the City Clerk, with the seal of the municipality affixed, shall be kept on file in the office of the City Clerk. Copies shall be available for inspection by the public. Section ~.0] Boundary Interpretation. ~%ere uncertainty existe as to boundaries of any district shown on said map, the following rules shall apply: Ae ~here district boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries; Be In subdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indica- ted by dimensions, shall be determined by use of the scale appearing on the map. ~here a district boundary line, as appearing_on the Official Zoning ~ap, divides a lot in single ownership, ~nich is of record at the time of this enactment, the district requirement for the least restricted portion of such lot shall be deemed to apply to the Sole thereof, pro- vided that such extension shall not include any part of such lot more than 3~ feet beyond the district boundary line; ~here any street, road, or alley is hereafter officially vacated or abandoned, the regulations anplicable to each parcel of abutting property shall apply to that portion o£ such street, road, or alley added to the property by virtue of such vacation or abandonment~ All land hereafter annexed to the City shall be considered tentatively as having the Zone (district)classification such land enjoyed while in the County, pending study, public hear- V-1 lng and specific classification, it, there is no County zoning, then thf3 Board may assi{~,l an interim zone. Section ~ A[)Olica~i. on ~,i' iieKul~ti'~ns kx~ept as hereinafter provided, ~]o buil~in~ shall be erected, reconstructed, or structurally altered, nor shall any building or land be used, except in compli~{~%:;e with all the district regulations established by this Ordinance for the district in which the building or land is located~ The minimum yards or other open spaces required by this Ordi- nance, including] those orovisions re~ulatin~ intensity of use, for each and every buildin~ hereafter erected or structurally altered shall not be encroached upon or considered as meeting the yard or ooen space requirements or the intensity-of-use provisions for any other building. In the event of any such unlawful encroachment or reduction, such buildin~ shall be deemed to be in violation of the provisions of this code and the certificate of occupancy for such building thereupon shall be null and void; Where the lot is formed from oart of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the requirements of this Ordinance with respect to the existing buildings, and all yards and other open spaoes in connection therewith, and no permit shall be issued for the erection of a new building on the new lot thus created unless in complies with the orovisions of this Ordinance. Section 5.05 Continuance of Non-Conforming Use of Buildings. Any non-conforming building or structure may be continued and maintained provided there is no physical change other than necessary mai~'tenanee and repair in such building or structure. Section 5.06 Change of Use. Any Dart of a building, structure, or land occupied by a non-conforming use may be changed to a use which is of the same or of a more restricted nature; but where the use of a non-conforming building, structure, or land is hereafter changed to a more restricted classification, it ~hall not thereafter be changed Section ~.07 Vacancyl Termination of Non-Conforming Use. Any part of ~L~L~\ structure~ or land occupied by a non-conforming use, which not thereafter be occupied excep%by a use which conforms %0 %he ~e regulations of the district in which it is located. Section ~.08 Change of Tenancy or Ownership. There may be a change of tenancy, ownership or management of an existing non-conforming use, provided there is no change in the nature or character of such non-conforming use. ¥-2 ~ection ~.0~ COmpletion o£ Pending Construction. The adap%ion o£ this OrdinanCe shall not, 1. imit the construction o£ any buildin~ £or which a ~ermit has been obtained prior to its adoption and publication, even though such buildin~ does not conf'orm to the provisions o~ this Ordinance. Section ~.10 Maintenance Permitted. A non-conformin~ bui]din§ or struc- ture ma~ be repaired and maintained as provided in and as limited b~ this see%ion. The maintenance of such bui].din~ or structure shall include only necessary repairs and incidental alt~rations, which alterations, however, shall not extend the extent or degree of non-conformit~ of such building or structure, provided that necessary alterations may b~ made required by other law or ordinance. ~ection %11 Restoration of Damaged Building. A non-conforming build- inE or structure havin[ been damaged or partially destroyed by fire, o~ other calamity, to an extent not exceedinE 50 percent of its real value, exclusive of foundations, at that time, may be restored and its immedia- tely previous occupancy or use existing at the time of such partial des- truction, may be continued or be resumed, provided the work of recon- struction is commenced within one year of the date of such partial des- %ruction. Whenever a non-conformin~ building or structure is damaged in excess of 50 percent of its real valuation, exclusive of foundations, at the time, the repair or reconstruction?of such buildin~ shall eonfo~ to all of the regulations of the district in which it is located and it shall be treated as a new building. In addition, if such building is moved for any reason for any distance whatever, then in any such event, the said buildin~ ~nd the land on whi6h said destruction or movinE shall be subject to all the regulations specified b~ this Ordinance for the district in which such land and buildings are located. Section ~.12 Additions, Enlargements, Moving. A buildin~ or structure which is non-conforming as to use regul- ations, shall not be added to or enlar§ed in any manner unless such building or structure, including such additions and enlarge- ments, is made to conform to all regulations of the district in which it is located$ A buildin~ or structure, non-conforminE as to heiEht or densitF reEulations, may be added to or enlarEed if such addition or enlarEement conforms to the reEulations of the district in which it is located. In such case, such addition or enlarEement shall be treated as a separate buildin~ or structure in determininE conformity to all of the requirements of this Ordinance~ Ce When a building or structure or nor%ion thereof is moved f~om one district to another or to another location within the same district, it must conform or be made to conform to all of the regulations of the district tn which it is moved. Section 5.!3 Expansion Prohibited. A.mon.con£orming use of land, a portion of a building or structure, which land, building or structure otherwise conforms to the provisions of this Or~iaance, shall not be extended or expanded into any other oortion of such conforming land, building or structure, not changed except to a ¢on£orming use. If such ~ non-conforming use or oortion thereof is discontinued for a 180-day or more period, or changed to a conforming use, any future use of such land, building, structure or portion thereof shall be in conformity %o the regulations of the district in which such ]and, building or structure is located. Section ~.lg Continuance of hon-Conformin~ Use of Land. The non-con. forming use of land (where no building is involved) existing at the date of this Ordinance becemes effective, ma~ be continued, provided that: Ae No such non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property; Be All non-conforming signs, billboards, commercial advertising structures and objects and their supooring members located in all %he various zoning districts are hereby declared to be i~j uriousto the health, safety and welfare and destructive of aesthetic and environmental living conditions sought to be created by the passage of this Ordinance and shall be re- moved or made conforming w~thin one year from the effective date of this Ordinance. Section ~.19 Notice of Abatement or Required Conformance. Whenever the owner shall fail to comply with provisions of this Ordinance relating to the removal or discontinuance of a non-conforming use, the City of Port Townsend shall take action as may be necessary to cause compliance with the provisions hereof. When any non-conforming condition exists which is subject to abatement, it shall be the responsibility of the Building Inspector to ascertain to the extent ~ossible, the date upon which the non-conforming use was establishe~ or acquired. The Building Inspector shall notify the o~ner and/or occupant of the subject property of the intent to consider all perti- nent data in connection therewith and provide the opportunity for the o~ner and/or occupant to present such evidence which properly relates %o such case. The Building Inspector shall establish the facts upon which the determination is made to require such property owner to abate or make the use conforming, and shall formally notify the owner of record a~d the occupant in writing, of the decision and of the date by which such use or uses shall be abated or made conforming. Such formal notification shall be by certified mail to,he property owner and a copy mailed to the occupant at the address of the premises. In the event the non-conforming condition is not abated or made conforming within 90 days of such mailing, the owner and/or occupant shall be deemed in violation of this Ordinance, and subject to the penalties herein. ~~~d~o.n~ Dio'tric:t {~han[#, ~henvwr the ed so as to ~rana£er an-&Fen= fFom one d~atrXa% of & different olaasifloat~on, the forego4nf provisions Itllo applay to any non-oonfors~ns: uses ex~ating therein, ~ection 6.01 t~uilding Inspector. The Building Inspector shall be responsible for enforcing the provisions of this Or~inance~ The Build. lng Inspector, and his duly authorized assistants, shall have the right to enter any builoing or enter upon any land during the d~ytime in the course of their duties, upon showing proper identification and upon giving reasonable notice. Section 6.02 Records. The Building Inspector shall maintain in his office, all building permits issued, applications for building permits, non-conforming uses in the City, and certificates of occupancy issued by him which shall be open to the public for inspection. The Building Inspector shall keep a record of each and every identifiable complaint of a violation of any of the provisions of this Ordinance, the action taken, consequent to any such complaint, which records shall be open to the public for insoection. Spction 6.0} Permits Issued Contrary to this Ordinance. Any such building permit, certificate of occuuancy, or other authorization issue~, granted or approved in violation of the provisions of this Ordinance, shall be null and void and of no effect ~rithout the necessity of ar~v proceedings for a revocation or nullification thereof, and any work undertaken or use established pursuant to any such building permit, certificate of occupancy, or other authorization shall be unlawful, and no action shall be taken by any Board officer, or any employee of the City purporting to validate any such violationl Section 6.0~ Certificate of Occupancy and Non-Conforming Uses. All non-conforming uses of buildings or land shall, within one year of the date when said use of building or land becomes non-conforming, obtain a ~imilar certificate of occupancy. The Building Inspector shall make his best efforts to notify non-conforming users and inform them that they must apply for said certificate, but his failure to do so shall not excuse the property owner from securing said certificate. ..... ~ ................................ ~ ..... ~ ................ Se.c$ion 6..~ Board of Adjustment. The Board of Adjustment will be establishe~ by the Mayor when so directed by the City Council. ~ntil such time as the Board is established, the Council will perform the function of the Board in the manner prescribed herein. The wor~ "Board" when used herein shall mean the Board of Adjustment, The Board shall consist of five members and shall be anpointed by the Mayor with consent of the Council. In case any vacancy shoul~ occur in the membership of the Board, for any cause, the Mayor shall fill ¥I-1 such vacancy by making an appointment with the consent of the Co~cil. The mew appointee shall fulfill the unexpired term, The membership o£ the Board may be removed by the Mayor, subject to the approval of the Council, for neglect of duty, failure to attend three consecutive meetings without excuse, or acts involving a b=each of moral turpitude. The Boa~ of Adjustment shall determine that a vacancy throught absence, delinquency, or other reasons exists and shall convey such determination to the Mayor. Before the removal of any member of the Board of Adjustment, the allegations upon which the removal is based, shall be set forth in writing and the members being removed shall be given reasonable ttotice thereof and he shall be given an opportunity %o be heard before the Council. The initial membership shall consist of one member appointed for one year, one member for two years, one member for three years, and two members for four years; and each appointment thereafter shall be for four years. Section 6.06 Powers of the Board. The Board shall hear and decide anpeals from any determination made by the Building Inspector, applications for conditional use and for variances. Section 6.07 Conditional Uses. The Board shall have the authority%o grant in particular cases and subject to appropriate conditions and safe. guards, conditional use permits as authorized by this Ordinance. The application for a conditional use permit shall accompany the application for a building permit and/or a cer{ificate of occupancy. Only those uses contained in the column of Conditional Uses, Chapter III, will be con. sidered and only for the zone indicated by an "x" opposite the use. The application sha~l be made.~ the Buildin~,~lnspecter:wbo shall transmit the application to the Planning Commission and to the Board for review and recommendations. Thereafter, the Board may conduct special public hearings and may grant or deny the conditional use requested. Section 6-08 Conditional Use Criteria. The standards and criteria governing the issuance of conditional use permits are as follows{ A. That the use will not endanger the public health or safety if located where proposed and developed, and that the use will not allow conditions which will tend to generate nuisance conditions such as noise, dust, glare, vibration; B. That the use meets all required conditions and specifications set forth in the zone where it proposes to locate; That the use will not be injurious or detrimental to adjoining or abutting property; or that the use is a public necessity; That the location and character of the use, if developed ac- cording to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Plan of development of Port Townsend and its environs{ In addition, the Board may impose specific conditions orecedent to establishin< the use and s;~'~d conditions may incl. ude: Inr, reasing requirements in the stanonrds, criteria or established hy t~is Ordinanee~ Stiuulate the exact location as a means of minimizing hazards to ].ife, limb, property damage, erosion, land slides or traffic; ~equire structural features or equipment essential to serve the sa~e Durposes as se% forth in item (2) above; ® Impose conditions similar to those set forth in items (2) and (3) above, as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards. Ge All conditions required by the Board shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the conditional use permit; To ensure the establishment of the above conditions, the Board of Adjustment, shall have the authority to require and approve of specific plan, to increase the requirements set forth above and requirements elsewhere in the Ordinance, but in no case shall the Board have the authority to decrease the requirements of this Ordinance for any use in the zone it proposes to locate. Any such decrease in the requirements of this Ordinance shall only be granted upon the issuance of a variance. Section 6.0~ Denials, Compliance. If the Board denies the conditional use permit, the reasons therefor shall be entered in the minutes of the meeting at which the permit is denied: Ae In the event of failure to comply with the plans approved by the Board or with any conditions imposed upon the conditional use permit, the permit shall thereupon immediately become void and of no effect; Be 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 6.10 Variances: Conditions Governing Applications: ~ocedures. The Board of Adjustment shall have the authority to grant a variance from the requirements of this Ordinance, after considering the matter at a public hearing duly called, giving notice to adjoining property owners as provided herein. vi-3 Be[ore any variance can be granted, the Board shall make findings of £aet setting forth and showing that the following 'circumstances exist: in considering all proposed variances to this Ordinance, the Board shall, before making any finding in a specified case, fi, rat determine that the proposed variance will not amount to a rezone and constitute change in the district boundaries shown on the O££icial Zoning Map; That special oonditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same district and that literal interpretation of the provisions of this Ordinance ~ould deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the same district under the terms o£ this Ordinance; That the special conditions and circumstances do not result from the actions of the applicant; 5. 6. 7. That granting the variance requested will not confer a special privilege to subject property that is denied other lands in the same district; That the granting of the variance will not be materially deterimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the grant- ing of the variance, and that the variance is the minimum variance that will make possible the reasonable use o~ the land; The Board of 9Ajustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare; The fact that property may be utilized more profitably will not be an element of consideration before the Board of Adjustment. In granting any variance, the Board of Adjustment may prescribe aporopriate conditions and safeguards that will ensure that the purpose and intent of this Ordinance shall not be violated. giolation of such conditions and safeguards when made part of the terms under which the variance is granted, shall be deeae/ a violation of this Ordinance and punishable under Section 6.16, #Penalties.# *~ith respect to uses o1' land, buildings and other structures, this Ordinance is (teclared to be a de£inition of' the public interest by (]%t,y Council, and the spirit of this Ordinance will not t~: observed b,y an~ va~'iance which permits a use not gen- nerally or b eouditional use, permitted in the district invol- ved, or an3 use expressly or b,' implication prohibited, by terms o[' this Ordinance in :~aid district. ~ectlon 0.1~. Tim~? becision E['fective. ~he decision of the Board granting or den3i, n~ a conditional use permit or a variance, shall not become final until the expiration of five da~s from the date of such decision, unless the Board shall find that the making of the decision effective imnediate[3 is necessary for the preservation of property or personal rights and shall so certify on the record of the request for a conditional use permits and if a buildin~ permit and/or occupancy permit is not obtained for the sub,oct property within one year from the date of the Board's decision, the conditional use permit shall be cancelled and automatically become n~ll and void. ~ection 6.12 Meetings. Meetings of the Board shall be held at least once a month, provided that there is business to transact and at such other times as the Chairman of the Board may determine. The meetings shall be held in the Port Townsend City Hall and all regular Board meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep minutes of it proceedings, findings and action in each case, and the vote of each member present on each question considered in the proceedings, unless a member disqualifies himself. The presence of three members shall be necessary to constitute a quorum and three affimative votes shall be necessary for granting a variance or a conditional use permit. Not proxy vote is permissible. Section 6.1] Procedure. Application for conditional use permits, variances, or appeals from the ruling of the Building Inspector concerning the provisions herein contained may be made to the Board within 30 days. At least ten days before the date of the hearing on the appeal or application before the Board, the Secretary of the Board shall transmit to the Planning Commission a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing and shall request that the Planning Commission shall submit to the Board its advisory opinion of said application or appeal, and the Planning Commission shall submit its recom- mendation prior to the date of hearing. Section 6.1~ Stay. When any appeal is made to the Board from the decision of the Bui].ding Inspector, any further findings of~the matter shall be stayed until the final determination. When an appeal is taken to the Sunerior Court from any decision of the Board, all Droceedings therein shall be stayed until final determination by the Superior Court. Sectio2 $.19 Public Notice and Hearing. before the Board shall be: Proper notice of a hearing Ae One nublieation in the officia] newspaper o£ the City of Port Townsend at least ten days prior to the date o£ hearing; Postin§ of copies of the Notice of Hearing at least ten days prior to the hearing in (1) th~ Port fownsend City Hall, (2) the United States Post OFfice in the City o£ Port To.ns.nd, and (]) in ~ conspicuous place on the property which is the subject matter o£ the application to the Board; Written notice mailed to the owner or reputed owner of the properties within £00 feet of the property which is the subject matter of the application to the Board, which ownership is deemed to be that of the last owner of record in the office of the City of Port Townsend Water Department, said notice to be mailed at least ten days prior to the date of the proposed hearing; The Board shall diligently observe the foregoing requirements with respect to mailing and posting notices, but minor inaccuracies in giving such notice shall not invalidate the proceedings. The Secretary of the Board shall cause said notice to be mailed and the Building Inspector shall cause said notices to be published. ..Section 6.16 Violations and Penalties. A. Any person or corporation, whether owner, lessee, principal, agent, employee, or otherwise, who violates any of the provisions of this Ordinance or permits any such violation or fails to cemply with any of the requirements thereof, or who erects, constructs, reconstructs, alters, enlarges, converts, moves, or uses any building or uses any land in violation of any detailed statement or plans submitted by him and approved under the provisions of ii~!~ this Ordinance, shall be guilty of a misdemeanor and upon con- '~i<<!~;~on thereof, shall be punishable by a fine not exceedinE $300°00 ; t,f~r, a period not to exceed 90 days, or both. _Each ...................... ~ 30 day continued violation shall constitute a separate ??~<~, additional violation a~ building or structure is erected, constructed, retort- , altered, converted or maintained, or any building, structure or land is used in violation of this Ordinance, the proper legal authorities of the City of Port Townsend, in add- ition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the oc- cupancy of said building, structure, or land, or to nrevent illegal act, conduct, business or use in or about such building, structures, or land. Ce Upon the Building Inspector's awareness of any violation of any of the provisions of this Ordinance, the Building Inspecter shall serve notice of such violation on the person or co.ratteR committing or permitting the same, and it such violation ha~ ~e% ceased within~ueh reasonable length of time a's the Bmilding inspector may determine, he will recommend such action to the Council as may be necessary to terminate the vi~lation. Amendments. ae Proposed amendments, supplementations, or modifications of the text of this Ordinance, or the Official Zoning Map made a part hereof, shal! first be heard by the Planning Commission and the decision shall be made and reported bT resolution by. the Planning Commission within 90 days of the time that the proposed amend- ments, supDlementations, or modifications were made. The City Council, pursuant to public hearing called by them as provided herein may affirm, modify or disaffirm any decision of the Planning Commission. Proposed amendments, supplementations, or modifications may be initiated as follows: 1. By motion of the City Council or the Planning Commission; 2. By any interested party by msking apnlication to the Planning Commission on forms prescribed by said Commission, accompan- ied by a filing fee of $2~.00 to cover costs of processing. Upon the initiation of the proposed amendment, supolementation or modification, the Planning Commission shall give proper notice amd hold a public hearing at the tima and date set forth in the notice. Proper notice of a hearing before the Planning Co~,ission shall be~ 1. One nublication in the offical newsoaper of the City of Port Townsend at least ten days prior to' the date of the hearing$ 2. Posting of copies of the Notice of Hearing in (1) the Port Townsend City Hall, (2) the United States Post Office in %he City of Port Townsend, and in the event the proposed amend- ment, supnlementation, or modification involves a change in the Official Zoning Map, (3) Posting notices thereof along every road or street abutting the la~d as proposed to be changed. ".~.ction 6.18 Constitutionality or Invalidity. If any section, chapter, subsection, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutioualityshall not affect the validity or constitutionality of the remaining portions of this Ordinance, it being hereby expressly declared that this Ordinance, and each section, chapter, subsection, sentence, clause and p~ase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, chapters, sub- sections, sentences, clauses or phrases be declared invalid or uncon- stitutional. VI-7 Section 6.1~ ~ben EFfective. This Ordinance shall take effect a~d be in force five days from and after its passage, approval., and legal. publication. PASSED BY ']'HE CITY COUNCIL, ON THIS 3d SIGNED iN AUTHENTICATION Tit~i~EOF THIS 3d DAY of AuFus% 1971 DAY or August 1971 ATTEST: MAYOR Seal GaL~ I. YOUNGBLOOD CITY CLERK PUBLISHED: Aug. 12, 1971, Port Townsend Leader APPROVED AS TO FORM: GLENN ABRAHAM City Attorney VI -8