HomeMy WebLinkAbout2700 Repealing Mobile Home Regulations - Amending Various Zoning Sections and Tables in PTMC and Directing Clerk to Codify AmendmentsOrdinance No. o~'"]/_) 0
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTER 9.20,
"MOBILE HOMES," OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC);
ADOPTING AMENDMENTS TO VARIOUS SECTIONS AND TABLES CONTAINED
IN TITLE 17, "ZONING," OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC);
DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17
PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE
DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF
SECTION 20.04.090 PTMC, "LAND USE CODE TEXT REVISIONS," AND THE
GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW).
SECTION 1
FINDINGS AND RECITALS
NOW, THEREFORE, the City Council of the City of Port Townsend finds as follows:
1. After public review and a recommendation from the Planning Commission, the
Chapter 20.04 PTMC, "Port Townsend Comprehensive Plan and Development Regulations
Amendment Process," was adopted by the Council on December 16, 1996 (Ordinance No. 2559)
to implement the GMA requirement to establish procedures for plan and development regulation
amendments (§§ 36.70A. 130 and 36.70A.470 RCW). All findings, recitals and other provisions
of Ordinance No. 2559 are incorporated herein by this reference.
2. After public review and a recommendation from the Planning Commission, the
City's current Zoning Code (Title 17 PTMC) was adopted by the Council on April 7, 1997
(Ordinance No. 2571), to comply with the GMA and to implement the Port Townsend
Comprehensive Plan (the Plan). All findings, recitals and other provisions of Ordinance No.
2571 are incorporated herein by this reference.
3. After public review and recommendation from the Planning Commission, the first series
of amendments to the text and tables and zoning map of Title 17 PTMC were adopted by the
Council on December 7, 1998 (Ordinance No. 2670), consistent with the requirements of
Chapter 20.04 PTMC and the GMA (§ § 36.70A. 130). All findings, recitals and other provisions
of Ordinance No. 2670 are incorporated herein by this reference.
4. Chapter 20.04 PTMC establishes a process for consideration, no more frequently
than once per year, °fpotential amendments to the goals, policies, and Official Land Use Map of
the Plan, as well as potential amendments to text, tables and Official Zoning Map of the Zoning
Code that require amendments to the Plan to ensure mutual consistency between the two
documents.
5. Additionally, Chapter 20.04 PTMC establishes a process for consideration of
amendments to the text and tables of the Zoning Code, at any time, at the request of the Council,
Planning Commission, or Building and Community Development Department staff, PROVIDED
that such amendments are consistent with the Plan text and Official Land Use Map (§ 20.04.090
PTMC). The process codified in Chapter 20.04 PTMC for such code amendments provides
TITLE 17 TEXT
AMENDMENTS 1 Ord.
oppommities for meaningful public comment on the proposed amendments after effective notice,
consistent with the requirements of the GMA (§§ 36.70A.035, 36.70A. 130, and 36.70A. 140
RCW). This ordinance (Ordinance No. ~) represents the first time the City has
undertaken amendments to the text and tables of Title 17 PTMC consistent with the provisions
of Section 20.04.090 PTMC, and outside of the annual Plan/Zoning Code review and amendment
cycle.
6. As set forth in the findings below, the opportunities provided for meaningful
citizen participation employed in this amendment process are consistent with the requirements of
the GMA (§§ 36.70A.035, 36.70A. 130, and 36.70A. 140 RCW) and the procedures set forth in
Chapter 20.04 PTMC.
7. On April 8, 1999, and after timely and effective public notice, the Planning Commission
held a public workshop meeting to review the draft text of the proposed Zoning Code
amendments, and to refine the form and content of the proposed amendments for formal
consideration at a subsequent public hearing.
8. On April 29, 1999, and after timely and effective public notice, the Planning
Commission held an open record hearing to accept public testimony on the proposed
amendments to the Zoning Code embodied within this ordinance, and to begin its deliberations
and the formulation of findings, conclusions and recommendations for the advice of the Council.
9. On May 13, 1999, and after timely and effective public notice, the Planning Commission
held a public workshop meeting to complete the formulation of its findings, conclusions and
recommendations for the advice of the Council.
10. On May 17, 1999, the Planning Commission's findings, conclusions and
recommendation regarding the proposed amendments were transmitted to the City Council at a
regularly scheduled Council meeting.
11. The Council hereby adopts and incorporates by this reference the findings,
conclusions and recommendations adopted by the Planning Commission during its meeting of
May 13, 1999. Specifically, the Council finds that the Planning Commission's findings,
conclusions and recommendations regarding the proposed Zoning Code amendments are
consistent with the requirements for amending development regulations set forth in Chapter
20.04 PTMC, and hereby approves the those recommendations in their entirety.
12. The Council finds that the Zoning Code amendments adopted herein have been subject to
environmental review and threshold determination in compliance with the State Environmental
Policy Act (SEPA) (Chapter 43.21C RCW, and Chapter 197-11 WAC) and Chapter 19.04
PTMC. On April 14, 1999, the City's SEPA Responsible Official issued a determination of
nonsignificance (DNS) for the amendments adopted herein, which became final on April 29,
1999.
13. The Council finds that the amendments to the Zoning Code definitions and use tables
adopted herein are necessary to fully implement the provisions of the recently adopted "Personal
TITLE 17 TEXT
AMENDMENTS 2
Ord. gqOO
Wireless Facilities Ordinance," Ordinance No. 2680, adopted by the Council on January 19,
1999.
14. The Council finds that the amendments to the Zoning Code adopted herein are necessary
to improve the clarity, accuracy, application and administration of Title 17 PTMC.
15. The Council finds that it is in the public interest to afford limited opportunities for small
scale food service uses within certain manufacturing and marine-related zoning districts to allow
workers within such districts access to meals during the workday without necessitating travel,
typically vehicular, to remote food service locations within commercial districts.
16. The Council finds that the repeal of Chapter 9.20 PTMC, "MOBILE HOMES," is in the
public interest, as that was superceded and rendered a nullity with the passage of the city's
current Zoning Code (Title 17 PTMC) on April 7, 1997 (Ordinance No. 2571); the Council
further finds that, in conjunction with the repeal of Chapter 9.20 PTMC, that the amendments to
the public and open space zoning districts use table relating to "public campgrounds" and "public
recreational vehicle parks" are necessary to further clarify the city's treatment of these transient
visitor uses.
17. The Council finds that the Zoning Code amendments adopted in this ordinance are
wholly consistent with the Community Direction Statement contained in Chapter III of the Plan,
the goals, policies, and Official Land Use Map of the Plan, and the review and amendment
procedures set forth in Section 20.04.090 PTMC.
18. Consistent with the requirements of the GMA, Building and Community Development
Department staff forwarded the proposed amendments to the Plan and Zoning Code to the State
of Washington Department of Community Trade and Economic Development (DCTED) for
review and comment on April 8, 1999, precisely sixty (60) days prior to the adoption of this
ordinance (§36.70A. 106). No substantive comments were received from DCTED prior to the
adoption of this ordinance.
19. Based upon the foregoing findings, the Council finds that adoption of the following
amendments to the text and tables of Title 17 PTMC will promote the public health, safety and
welfare of the citizens of Port Townsend and should be approved.
NOW THEREFORE, the City Council of the City of Port Townsend in regular session
assembled does hereby ordain as follows:
SECTION 2
Chapter 9.20, "MOBILE HOMES," of the Port Townsend Municipal Code is hereby
repealed in its entirety.
SECTION 3
Section 17.08.020, "A through D," Chapter 17.08, "DEFINITIONS," of the Port
Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the
following definitions:
TITLE 17 TEXT
AMENDMENTS 3 Ord.
"Alternative support structure" means any buildine, roof. water tank. fla~ole, steeole or
other ,type of structure to which any twoe of antenna or ant~enna array and associated equim~ent
are affixed. T -. . . .
"Amusement device" means any machine or device which provides recreation or
entertainment only. for which a charge i's made for use or play. and includes, but is not limited to.
pool tables, video.~ames' .tfinball- shuffleboards, mechanical music machines, flitmer ~ames.
bowling games, shooting galleries, weightlifhng devices, punchin.a bags. fidine ti~vic~s for not
more than four persons, or other games operated by insertion of a coin or ot~er/~ted bv remote
control or with a timing device, but shall not mean or include any machine'or device' used
exclusively for the vending of merchandise,
park or center" means any establishment, place, or business location where more than twenty
amusement devices are available for play or use by the general public. Such a r~ark or center
may also include miniature golf areas, burnper cars. batting cages, arcades, bu~per boats. ~o
carts, and such similar activities. -
A. Generally: A cable, pole. tower or other device used for transmitting or receivins
radio, or television sianals.
B. As used in Chapter 17.78 PTMC. Personal Wireless Service Facilities: Any
exterior equipment attached or mounted to a mononole or alternative sur>t>ort structure in thc
form of one or more rods. panels, discs or similar cievices used for the transmission or reception
of radio or electroma~etic freouencv sianals for any telecommunication numose.
· tenna, panel generally, ~s a rectangular antenna desLaned to transmit
and/or redeive siSalS in a specific directiOnal pattern which is less than 360
de_re'ecs, typicallY an arc of approximately 120 de.re'ecs,
2. "Antenna_ Parabolic" or "antenna. dish" is a bowl-shaped device for the,
reception and transmission of radio freouency sisals in a specific directional
pattem. Also referred to as a satellit~ d~sh,
3. "Antenna, whip" or "antenna. rod" is an omni-directional antenna which is
designed to transmit and/or receive signals in a 360-de.m-ce pattern, and which is
no more than 5 inches in diameter.
"Antenna array" means two or more devices, uanels, dishes, rods or similar devices used
for the transmission r reeem~on of radio freauenev sienals, microwave or other signals for
telecommunications Pure, os'es. TWo or m°re ~ueh [tev[ees affixed Or attached to a m0nopole or to
an alternative support structure are included in the definition of antenna array
TITLE 17 TEXT
AMENDMENTS 4
Ord. 7~"1 0 0
Arcade.
arcade" means any establishment, room. place, or business lOcation where more than five
amusement devices are available for play or use by the general public.
B. "Structural arcad~" means a permanently roofed arched covered
continuous area or passageway at ground level, open to a street, plaza, open space, or building,
that is accessible and open to the Public.
"Building" means:
A. Generally: Any may structure having a roof, but excluding all forms of vehicles
even though immobilized. When a use is required to be within a building, or where special
authority granted pursuant to this title requires that a use shall be within an entirely enclosed
building, then "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.
B. As used in Chapter 17.78 PTMC. Personal Wireless Service Facilities: A fully
enclosed structure capable ofbein? inhabited, and does not include open structures such ~
towers, steeples, porches or other attachments to buildinss.
"Camouflaeed" is the use of shane, color and texture to cause an object to anr~ear tO
become a part of s~methin~ else, usu-a-!13 a structure such as a buildine, wall. flae-o(~l~, street
pole, or roof. Camouflage does not mean "invisible." but rather "ann~arine as n~'t of or exactly
like the structure used as a mount." .....
"Camp_mound. public" means any parcel or adjacent parcels of land in r~ublic ownership
which provides sanitary facilities and spaces for nitch~n~ tents for short-term c;ccupancy of a
transient, recreational nature. Those public cam3~ounc~ facilities that also provide harking fot'
two or more recreational vehicles are considered recreational vehicle parks. See. "P~ecreational
vehicle park. public."
"Co-location." as used in Chapter 17.78 PTMC. Personal Wireless Service Facilities,
means the use of a single monopole or alternative support structure, to the extent technologicglly
feasible, by more than one licensed personal wireless service provider.
"Concealed" means fully hidden when viewed from mound level, adiaeent riehts-of way.
adjacent properties or viewscapes. For example, a personal ~vireless service~facilitv is conceal~1
when it is comnletelv hidden by. inte.m'ated with. or contained within a structure su'ch a~ a
building, wall ~r roof that is not a telecommunications facility,
,,Decisionmaker" means;
A. Generally: The official or officials of the eitv who make the final decision on a
project pemfit application, as ~defined in Chamer 20.01 PT~C.
B. As used in Chanter 17.78 PTI{,IC. Personal Wireless Service Facilities: The BCD
Director for Type I and Type fi Permits. and the Hean'ng Examiner for T,vpe III pemfits,
TITLE 17 TEXT
AMENDMENTS 5
Ord. 2;'100
"Developed street" means any public street, hiehwav, avenue, easement or other publi~:
right-of-way classified as a local access street, collectc~r street, minor arterial, or principal arterial
(see Title 12 PTMC), which is partially or fully developed and which is devoted io vehicula,
transportation use by the publi~ at large. For the r~uroo'ses of chapter 17.78 PTMC only.
street that does not meet this definition shall be c~ns~dered an undeveloped street,
"Director" or "BCD director" means the building and community development
departrnent director of the city, or his or her designee. In any and all ordinances, resolutions,
contracts, agreements, environmental determinations, or other documents adopted prior to the
effective date of the ordinance codified in this title, the titles "director of planning and building"
and "planning director" or other similar designations shall also mean "director of building and
community development."
"Disguised." as used in Chapter~ 17.78 PTMC. Personal Wireless Service Facilities.
means a personal wireless facili~ that is constructed to appear as somethine other than what il
really is (e.g.. a personal wireless service facili~ that is disguised to appear'~as a tree or flagpole),
(Ord.
§ 3, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997).
SECTION 4
Section 17.08.030, "E through H," Chapter 17.08, "DEFINITIONS," of the Port
Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the
following definitions:
"Equipment enclosure." as used in Chapter 17.78 PTMC. Personal Wireless Service
Facilities. means a structure, shelter. Cabinet. b'ox or vault desi~ened for and used to house and
protect the electronic equipment necessary and/or desirable for processing wireless
conununication si~enals and data. includin~e any provisions for n~echanical cooling equipment, ah'
conditioning, ventilation, or back-up powe~r su~_~lies or emergency ~eenerators.
"FCC" means the Federal Communications Commissior~
"Guyed tower." as used in Chapter 17.78 PTMC. Personal Wireless Service Facilities
means a monopole or lattice tOwer that is stiffened or anchored to the ~ound or other surface by
cables. -
"Heie. ht." as used in Char~ter 17.78 PTMC. Personal Wireless Service Facilities. mean:;
the vertical d~istance measured from the lowest pre-existin~ ~ound level within the foo~rint 0 f
the facili~ to the hi.chest point on the facility, including but not limited to the antenna or anterlll,~
an'ay. See also. "Building height,"
(Ord.
§ 4, 1999; Ord. 2571 § 2, 1997).
TITLE 17 TEXT
AMENDMENTS
6 Ord.
SECTION 5
Section 17.08.040, "I through M," Chapter 17.08, "DEFINITIONS," of the Port
Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the
following definitions:
"Incidental use" means a use which is subordinate and accessory to a use which is ~
permitted outright or conditionally in the zoning district.
"Lattice tower" is a framework composed of cables, straps, bars. or braces, formin~ ,n
tower which may have three, four or more sides,
"Licensed carrier" means any person, firm. or entity licensed bv the FCC to provide.
personal wireless services and which is in the business of~roviding th~ same,
"Low power facility" means a licensed or unlicensed personal wireless service facility
with a maximum transmitter peak ou~ut power that does not'exceed one watt. is less than 14 X
16 inches in len,~th and width and 8 inches in depth including all associated equipment, and may
have an antenna with a length not to exceed 30 inches moun~ed on street poles in developed
street rights-of-way, ~
"Macro-facili~" means a personal wireless service facility, with a height not to exceed
75 feet (unless otherwise permitted at a preferred location) comphsed of either (1) a monopok,
and attached panel, parabolic or whip an'tenna or antenna array.'or (2) a panel, parabolic or whi~,
antenna or antenna array attached to an alternative support structure. Tl~e definition ofma¢r0
facility also includes the associated equipment enclosure.
"Manufactured home" means a single-family residence constructed after June 15, 1976,
in accordance with the U.S. Department of Housing and Urban Development (HUD)
requirements for manufactured housing, and bearing the appropriate insignia indicating such
compliance. It is a structure, transportable in one or more sections, which is designed to be used
with or without a permanent foundation when connected to the required utilities. (Note:
Manufactured homes were formerly called "mobile homes" before the federal government
assumed control of the construction standards for the industry by way of the National
Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S. Code, Section
5401). The term "manufactured home" does not include "modular home,"
"Mini-faeili~" means a panel, parabolic or whip antenna or antenna array attached to a,,
alternative su.pport structure with a height not to exceed the height limit of the zoning district in
which it is proposed to be located. The definition ofmini-facil also includes the associated
equipment enclosure,
"Micro-facility" means a single array and transmitter mounted on an existing street o~
light pole located witl~in a developec~ street.'with the associated equipment enclosure mounted o~,
the pole or installed completely b[low grade.
TITLE 17 TEXT
AMENDMENTS 7
Ord..~/00
"Monopole" is a vertical self-supportin~e structure consistin,e of a single vertical r~ole
which is ~typically round or flat-sided in section. The term "monopole" also includes th~ attached
panel, parabolic or whip antenna or antenna array.
"Mount" means any mounting device or bracket that is used to attach an antenna or
antenna array to a street hole. building, structure or mono~ole.
(Ord.
§ 5, 1999; Ord, 2571 § 2, 1997).
SECTION 6
Section 17.08.050, "N through Q," Chapter 17.08, "DEFINITIONS," of the Port
Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the
following definitions:
"Personal wireless service" means any of the technologies,~ as defined by § 704(a)(7)(c)(I)
of the Telecommunications Act. including ce~llular, personal communication services (PCS)
enhanced specialized mobile radio (ESM~). specialized mobile radio (SMR). paging and
unlicensed wireless services,
"Personal wireless service facility or facilities" means any nnstaffed facility for the
transmission and/or reception of personal wireless services. This can consist of an equipment
shelter or cabinet, a support structure or existing structure used to achieve the neeessai3r
elevation, and the antenna or antenna an'ay.
"Planned unit development" or "PUD" means a special overlay zomng designation
subiect to discretionary approval under Chanter 17.32 PTMC. As regulated under Chapter 17,32
PTI~IC. PUDs are resi~lential developments ~hat are planned and/or developed in several stages
consistent with a unified site desi?_ and may consist of clusters of multi-unit structures
interspersed with areas of common open space. Once approved, prescriptive regulations relatillv
to bulk. dimension and infrastructure may be varied to allow desien innovations and soecial
features in exchange for additional and/or superior site amenities~or communiW benehts
"Preferred locations," as used in Chapter 17.78 PTMC. Personal Wireless Service
Facilities, means those locations listed in Section 17.78.080 PTMC that have been found to
the most desirable for the location of personal wireless service facilities because of the existinp
development in the area or on the site. the ~types of buildings already existing at the site. the,
existence of similar or compatible facilities at the particular site. the commercial or industrial
nature of the area. the zoning designation of the area. and/or the technical suitability of the
~articular location. The co-loCation of personal wireless service facilities is included as a
~referred location.
"Preliminary PUD" means the final action of the city ~antin~ anr~roval for a PUD
subject to applicable conditions that must be fully satisfied prior to final ~UD approval.
(Ord.
· § 6, 1999; Ord. 2571 § 2, 1997).
TITLE 17 TEXT
AMENDMENTS
8 Ord.
SECTION 7
Section 17.08.060, "R through V," Chapter 17.08, "DEFINITIONS," of the Port
Townsend Municipal Code is hereby amended to add, delete, delete and replace, or modify the
following definitions:
Radio frequency emms~on hm~ts means the hmlt on field streneth or oower density at a
specified distance from a radiator that alWays applies, as opposed to an 'rRF ex~nosure limit,;'
which annlies anywhere people may be located. The FCC euidelines specifv exposure limits not
emissio~limits. ~vhich is why acCeSsibility is key to determ~nine comolianc~. As regulated by
FCC guidelines, exposure occurs whenever a person is subiecte~l to el'ectric, magnetic o,
electromagnetic fields other than those ori~inatine from ol~vsioloeical processes in the body and
other natural nhenomena. The FCC guideli'~nes in~oroora{e limits For Maximum Pemfissibl~,
Exposure (M~E) in terms of electric and magnetic f~eld stren~eth and oower density fo,
transmitters ooeratine. ,~ at freouencies, betwee~ 300 kHz and 100 GHz.' MPE refers'to the root
mean square (rms} and peak electric and maenetic field streneth, their squares, or the plane-waw~
eouivalent power ~tensities associated with t~ese fields to wh~cha uersor~ mav'be exposed
without harmful effect and with an acceptable safety factor. The I~IPE llmits~ indica{e level~;
above which people may not be safely exposed regardless of the location where those levels
occur. When accessibility to an area with excessive levels is appropriately restricted, the facility
or operation can certify, tl~at it complies with the FCC requirements. The FCC exposure limits
apply to occupational/controlled exposure and to general population/uncontrolled exposure,
"Recreation facilities" means facilities, such as boat or yacht clubs, swimming pools,
carousel~, athletic clubs, golf and country clubs, for the use of the general public and operated by
either a municipal corporation or a not for profit organization on land under the ownershin and
control of a municipal com. oratio~l. '
"Rec 'onal vehicle park bi' "means any 1 or ad' Is f land in public
reatl . Du lC Darce lacent narce o
.'~"~. :m~er ~qe~ cen~e! an~ :i g~e ownership desired and imp~'oved t'o accommodat th
temporary parking of two or more recreational vehicles. The term shall include ~ubli¢
campgrounds when designed to accommodate tr-a~4~mi~ recreational vehicle~, but does not
include land zoned and used for the display or sale ofm~4rqg, l~-s recreational vehicles. For the
purpose of this definition, "temporary parking" means placement of a recreational vehicle on a
single site for 180 days or less in any 12 month period. See. "Camp,mound. public."
"Secondary locations." as used in Chapter 17.78 PTMC. Personal Wireless Service
Facilities. means those locations listed in Section 17.78.090 PTMC that have been found to
appropriate for the location ofnersonal wireless service facilities because of the existinf~
development in the area or on ~he site. the ~types ofbuildines already existine at the site. th~,
existence of similar or compatible facilities at the oarticular site. th~ commercial or industrial
nature of the area. the zoning desi~enation of the ar'ea, and/or the technical suitability ofth~,
particular location.
"Setback (yard requirements)" means the distance between a building and its lot lines.
Setbacks shall be measured, where applicable, from building lines to the proposed or actual
public or private street right-of-way lines.
TITLE 17 TEXT
AMENDMENTS 9
Ord. Lq O0
Street pole means a telephone, electric, cable televls~on, purpose built t>ole, or ljgh~
fixture support pole lOcated in a street, whether such pole is owned °r leased by
owned or leased by a private utility company
"Support structure." as used in Chapter 17.78 PTMC. Personal Wireless Servicc
Facilities. means a monop01e.
"Temporary personal wireless service facili~" is a non-permanent nersonal wireless
facili~ installed on a short,term basis for the ouroose of evaluatine the technical feasibility of
particular location for placement of a personal wi'reless facility or For orovidine emergency
communications during a natural disaster or other emergencies which'may thrgaten the uubli~;
health, safe _ty and welfare. Examnles include, but are not limited to. ~lacement of an antemla
upon a fully extended bucket truck, crane, or other device capable of'reaching the height
necessary to evaluate the site for placement of a personal wireless facili~
"Viewscape" means scenic views of natural and built areas and features, including but
not limited to: tree-covered hillsides, the "feathered edee" alone ridge lines surrounding or
within the city. views of the built environment which c~ntain si~tmifi~ant architectural, historical
or public art features, or views of the natural environment such ~s Puget Sound. mount0ins,
valleys or an area of landscaping, of local or regional aesthetic imp°r[ance,
(Ord.
§ 7, 1999; Ord. 2571 § 2, 1997).
SECTION 8
Section 17.12.050, "Boundary interpretation," Chapter 17.12, "ESTABLISHMENT OF
ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows:
17.12.050 Boundary interpretation.
Where uncertainty exists as to boundaries of any district shown on said map, the
following rules shall apply:
A. Where a boundary follows a public street or alley, the centerline of the street shall
be the boundary. Where a boundary follows a lot line, the lot line shall be the boundary.
~, ........................ ... . rea oun esa
that is equal to or less than one acre in size (i.e.. or one platted block} into two sihgle-family
residential zoning district classifications, the district classification that has been applied to
_creater than 50% of said lot shall apply to the entirety thereof
......... a ~..~ a..~..:_,;~._ ~c,:. ......~ Where a boundary divides a lot lareer than one acre
in size (i.e.. or one olatted block) into two single-family reside'ntial zonine distr~ct classifications,
the location of the l~oundary, unless indicated by dimension, shall be dete~rmined by referencing
the adopted comorehensive, ,~lan land use man. and leeal, description of the narc?l,
D. Where a boundary divides a lot that is eoual to or less than i0.000 sauare feet in
size into two zoning district classificatiOns and one of tl~e classifications is multi-fa~nily
residential, mixed,use, commercial, or marine-related and manufacturing, the district
TITLE 17 TEXT
AMENDMENTS 10
Ord.
classification that has been applied to .re'eater than 50% of said lot shall anplv to the entirety
thereof. - . T _
E. Where a boundarv~ divides a lot that is ~-m'eater than !0.000 sauare feet in size into
two zonin.~ district classifications and one of the classifications is multi-fanCily residential,
mixed-use, commercial, or marine-related and manufacturine, the location of the boundm3,~,
unless indicated bY dimension, shall be determined bv refere~cine the ad°nted comprehensive
plan land use map and le.~a! description of the r~arcel~
gl G. Where any public r~ght'of-way is officially vacated or abandoned, the land use
district regulations applied to abutting property shall thereafter extend to the centerline of such
vacated or abandoned right-of-way, unless the right-of-way is wholly contained within, and
forms the outside boundary of, a recorded plat, in which case the land use distTict regulations
applied to the abutting property shall thereafter extend through the entire vacated or abandoned
right-of-way.
B lrI. In case any uncertainty exists, the Director shall determine the location of the
district boundary, pursuant to Chapter 17. 90 PTMC and Chapter 20.02 PTMC, as applicable.
(Ord. ~ § 8, 1999; Ord. 2571 § 2, 1997).
SECTION 9
Section 17.16.020, "Permitted, conditional and prohibited uses - Accessory dwelling
units," Chapter 17.16, "RESIDENTIAL ZONING DISTRICTS," of the Port Townsend
Municipal Code is hereby amended as follows:
17.16.020 Permitted, conditional and prohibited uses- Accessory dwelling units.
A. Table 17.16.020 identifies land uses in the residential zoning districts that are permitted
outfight (P), subject to a conditional use permit (C), or prohibited (X). However,
notwithstanding the fact that a use may be permitted outright, additional permits may be required
for certain projects. For example, multifamily residential development project applicants must
procure a Type I permit in accordance with Chapter 17.36 PTMC, Multifamily Residential
Development Standards. Uses not specifically identified within Table 17.16.020 are deemed to
be contrary to the interests of the public health, safety and welfare of the citizens of Port
Townsend and shall be prohibited.
B. Requirements for the uses identified in Table 17.16.020 which are contained within other
provisions of this title are referenced under the heading "applicable regulations/notes," although
this should not be construed as a comprehensive listing of all provisions of this title which may
apply to any given use. Specifically, the provisions of Chapter 17.72 PTMC, Off-Street Parking
and Loading, and Chapter 17.76 PTMC, Signs, shall apply to all uses, even if not noted in Table
17.16.020.
C. Accessory Dwelling Units - Limitations on Use. One accessory dwelling unit (ADU)
may be established as an accessory use to a single-family residence provided the following
conditions are continuously met:
1. A certificate of occupancy pursuant to the Uniform Building Code shall be obtained
from the building official and posted within the ADU. The code inspection and compliance
required to obtain a certificate of occupancy in an existing building shall be restricted to the
portion of the building to be occupied by an ADU and shall apply only to new construction
rather than existing components, except that any high hazards (i.e., smoke detectors, fire exits,
stairways, LP gas appliances and fire separation) shall be corrected. Where additional fire
TITLE 17 TEXT
AMENDMENTS 11
Ord.
separation is unduly burdensome, the building official may authorized a fire alarm system in lieu
of required fire separation.
2. The owner of the subject property shall reside on the premises, whether in the main or
accessory dwelling; provided, that in the event of illness, death or other unforeseeable event
which prevents the owner's continued occupancy of the premises, the director may, upon a
finding that discontinuance of the ADU would cause a hardship on the owner and/or tenants,
grant a temporary suspension of this owner-occupancy requirement for a period of one year. The
director may grant an extension of such suspension for one additional year, upon a finding of
continued hardship. In the case of an ADU established prior to March 6, 1995, but after August
17, 1971, if the ADU complies with all of the requirements of this section except owner-
occupancy, the ADU may cOntinue without occupancy by the owner until the property is sold,
exchanged or otherwise transferred to a different owner.
3. Neither the main or accessory dwelling unit shall be used as a transient
accommodation.
4. ADUs established in an outbuilding shall not exceed 800 square feet in floor area, and
under no circumstance shall the total lot coverage of the primary residence along with the ADU
exceed 35 percent of the total lot area. Additionally, no ADU shall be established in an
outbuilding constructed after March 6, 1995, if the total floor area of the portion of the
outbuilding occupied by the ADU exceeds 50 percent of the total floor area of the main residence
building.
5. In order to preserve the outward appearance of single-family neighborhoods, the front
of the house shall have only one exterior entrance.
6. An ADU may be established in a residence or outbuilding which is legal,
nonconforming with respect to required setbacks if entrances are no closer than five feet to
neighboring property lines, and if each side window which is closer than five feet to a side
property line and which is also Closer than 20 feet to either the front or rear property line is
permanently glazed with translucent material; provided, that the director may permit an entrance
as close as three feet to a neighboring property line upon a finding that no feasible altemative
exists.
7. No additional off-street parking is required to establish an ADU; provided, that the
off-street parking requirements for the other uses on the site are continuously met.
D. Accessory Dwelling Units - Exception for Legal, Nonconforming Accessory Dwelling
Units. Notwithstanding the provisions of subsection C of this section, in the case of an ADU
established prior to August 17, 1971, and continuously occupied thereafter, the ADU may
continue ' ,,, A o
without eom hance with
p ' ' PTMC ......... x~ .-.,. (D) 17.16.020(C](D and (C~(2~,
provided a certificate of oecunancv is obtained nursuant to PTM
.LT. dLfi~7,.gJ~KD. [Note: The fee for inspection and issuance of a certificate of occupancy for an
accessory dwelling unit shall be the same as that established in the currently adopted Uniform
Building Code for a special inspection. For the purposes of determining system development
charges or utility or infrastructure requirements, a single-family residence with an accessory
dwelling unit which does not separately connect to city water or sewer service shall have the
same charges and the same requirements as a single-family residence without an accessory
dwelling unit.
E. Incidental uses which are identified in this title as prohibited or conditional uses within
the applicable zoning district shall be considered conditional and processed as .~ m~n~r,, r~T,.....~m
TITLE 17 TEXT
AMENDMENTS 12
Ord.
(Type II) in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in
Chapter 17.84 PTMC.
(Ord. ~ § 9, 1999; Ord. 2571 § 2, 1997).
SECTION 10
Table 17.16.020, ',Residential Zoning Districts - Permitted, Conditional and Prohibited
Uses," Chapter 17.16, "RESIDENTIAL ZONING DISTRICTS," of the Port Townsend
Municipal Code is hereby amended as follows:
Table 17.16.020
Residential Zoning Districts - Permitted, Conditional and Prohibited Uses
Accessory dwelling units
Adult family homes
Efficiency dwelling units
Manufactured homes (on
individual lots)
Mobile homes and lxailer homes
lots)
Modular home,~
Single-family dwellings
(including duplexes, triplexes,
and fourplexes which meet the
base density requirements of the
applicable distric0
Apathxient houses
Boardinghouses (4 or fewer
roomers) and lodging and
rooming houses (5 or more
roomers)
TITLE 17 TEXT
AMENDMENTS
13
Ch. 17.48 PTMC, "Accessory Dwelling Units"; and
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements." For ADUs in the R-III zone, the ADU
shall be counted toward the maximum housing density as
provided in § 17.16.030 PTMC.
§ 17.16.030 PTMC, "Residential bulk, dimenSional and
density requirements."
Same as above.
Ch. 17.64 PTMC, "Manufactured and Mobile Home Parks";
manufactured homes are prohibited within the limits of the
Port Townsend National Register Historic District, but
allowed on individual lots in R-I, R-II and R-III zoning
districts; and § 17.16.030 PTMC, "Residential bulk,
dimensional and density requirements."
17.16.030 PTMC. "Residential bulk_ dimensional and
densi~ requirements": modular homes are constructed ill
accordance with the Uniform Buildin~ Code and are
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Ch. 17.36 PTMC, "Multi-Family Residential Development
Standards"; and § 17.16.030 PTMC, "Residential bulk,
dimensional and density requirements."
Same as above.
Ord.
Congregate Care Facilities
Foster homes
Fraternities, sororities and
student cooperatives
Multi-family dwellings
Nursing, rest, or convalescent
homes (3 or more persons)
Residential treatment facilities
including group homes for the
disabled
Townhouses or rowhouses (zero
lot lines)
Bed and breakfast inns
Child day care centers, child day
care facilities, and preschools
Family day care homes
Home occupations
Tourist homes
Accessory buildings and
accessory structures
Fuel oil and kerosene containers
Garages, private residential
Barns
Crop or tree fainting (no retail
sales)
Crop or tree farming with
community supported agriculture
sales
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
"Group Homes" are considered an "essential public facility"
under RCW 36.70A.200; "... their siting cannot be precluded
by development regUlations..."; and § 17.16.030 PTMC,
"Residential bulk, dimensional and density requirements."
Ch. 17.36 PTMC, "Multi-Family Residential Development
Standards"; and § 17.16.030 PTMC, "Residential bulk,
dimensional and density requirements."
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Ch. 17.52 PTMC, "Day Care Facilities"; and § 17.16.030
PTMC, "Residential bulk, dimensional and density
requirements."
Same as above.
Ch. 17.56 PTMC, "Home Occupations"; and § 17.16.030
PTMC, "Residential bulk, dimensional and density
requirements."
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
§ 17.16.030 PTMC, "Residential Bulk and Dimensional
Requirements."
Such containers require a permit and inspection pursuant to
Ch. 16.04 PTMC, "Building and Construction," may only be
permitted for domestic heating purposes, must be located
!above ground, and may not exceed 750 gallons capacity.
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirement.q."
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
All parking shall be off-street
TITLE 17 TEXT
AMENDMENTS
14
Ord.
U-pick sales of crops
Stables, private and riding
Plant nurseries, landscaping
materials, greenhouses
commercial)
Small animal husbandry,
commercial
Small animal husbandry, non-
commercial
Concession stands, agricultural
or produce
All parking shall be off-street
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Same as above.
Same as above.
Same as above.
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements"; temporary agricultural or produce
stands are subject to Ch. 17.60 PTMC, "Temporary Uses." *
In the R-II zone, concession stands are limited to locations
fronting onto principal arterial, collector, and minor arterial
streets.
Stadiums, arenas and assembly
halls
Cemeteries
Churches
Community clubhouses
Fraternal organizations
Kennels, animal
Public facilities
Personal wireless service
facilities
Radio;, on0 television ~_nd eaher
te!ecmr~'n".:n;.zati.~n: towers
§ 17.16.030 P ......
TMC, Res~dentaal bulk, dmaensxonal and
density requirements."
Church buildings must comply with the requirements of §
17.16.030 PTMC, "Residential bulk, dimensional and density
requirements," however, towers, spires and steeples exceeding
the height requirements of that section may be allowed,
provided they comply with Uniform Building Code § 506,
"Maximum Height of Buildings and Increases."
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Same as above.
Same as above.
Same as above.
Refer to Ch. 17.78 PTMC. "Personal Wireless Service
Facilities for list of permitted, conditional and prohibited uses
and Other substantive requirements.
Such facilities are allowed in all zoning districts subject to the
conditional use permit requirements of Ch. 17.84 PTMC;
however, such facilities are prohibited within the limits of the
Port Townsend National Register Historic District; and
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements," except as provided in applicable
Federal Communications Commission roles and regulations~
TITLE 17 TEXT
AMENDMENTS
15
Ord. 'L,-'IDO
Satellite dishes~
and antennae
Schools, colleges (public or
private)
Veterinary hospitals
Satellite dishes and antennae shall meet the requirements of §
17.16.030 PTMC, "Residential bulk, dimensional and density
requirements," except as provided in applicable Federal
Communications Commission rules and regulations; se: Ch.
!7.7°-. PTMC.
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Same as above.
Contractor offices and model
homes
Rummage or other outdoor
Yard or garage sales
(Ord. ~
§ 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements"; and Ch. 17.60 PTMC, "Temporary
Uses."
Ch. 17.60 PTMC, "Temporary Uses."
Same as above.
§ 10, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997).
SECTION 11
Table 17.16.030 Residential Zoning Districts - Bulk, Dimensional and Density
Requirements, Chapter 17.16, RESIDENTIAL ZONING DISTRICTS, of the Port Townsend
Municipal Code is hereby amended as follows:
Table 17.16.030
Residential Zoning Districts - Bulk, Dimensional and Density Rel uirements
MAXIMUM
HOUSING
DENSITY 4 8 16 24
(units per 40,000 (10,000 s.f. of lot area(5,000 s.f. of lot area (2,500 s.f. of lot area(1,666 s.f. of lot area
square foot area) per unit) per unit) per unit) per unit)
MINIMUM
AVERAGE
HOUSING
DENSITY 17
(units per 40,000 (not more than 2,352
square foot area) -- __ __ s.f. of lot area per unit)
MAXIMUM 4 4 No limit No limit
DWELLING UNITS
IN ANY ONE
TITLE 17 TEXT
AMENDMENTS
16 Ord. 7~7100
10,000 s.f. -- single 5,000 s.f. -- single- 3,000 s.f. = single
family detached family detached family attached and --
MINIMUM LOT
SIZE detached; and 10,000
s.f. = multi-family
MINIMUM LOT 50' 50, 30, except: 100' = __
WIDTH multi-family
20' except: 50' = barns 10' except: 50' = barns 20' except: 10' w/side 20' except: 10' w/side
and agricultural and agricultural or rear parking; no or rear parking; no
buildings buildings setback for multifamily setback for multifamily
structures located structures located
MINIMUM FRONT within 200 feet of an within 200 feet of an
YARD SETBACKS abutting mixed use abutting mixed use
zoning district zoning district
20' except: 50' = barns 10' except: 100' = 10' except: no setback 15' except: 20' if
and agricultural barns and agricultural for multifamily directly abutting an R-I
buildings, and 100' if buildings structures located or R-II district; no
abutting a R, II, R-III, within 200 feet of an setback for multifarnily
or R-IV zoning district abutting mixed use structures located
MINIMUM REAR zoning district within 200 feet of an
YARD SETBACKS abutting mixed use
zoning district
5' except: 10' = 5' except: 10' = 5' except: 10' = along a 15' except: 20' if
abutting a street r-o-w; abutting a street r-o-w; street r-o-w; no setback directly abutting an R-I
50' = barns and 100' = barns and for multifamily or R-II district; no
agricultural buildings agricultural buildings structures located setback for mulfifamily
and 100' if abutting a within 200 feet of an structures located
R-II, R-III, or R-IV abutting miXed use within 200 feet of an
MINIMUM SIDE zoning district zoning district abutting mixed use
YARD SETBACKS zoning district
MAXIMUM 30' 30' 35' 35'
BUILDING
HEIGHT
MAXIMUM LOT 25% 35% 45% 50%
COVERAGE
Front = 4'; side = 8'; Front = 4'; side = 8'; Front = 4'; side = 8'; Front = 4'; side = 8';
MAXIMUM FENCE side abutting a public side abutting a public side abutting a public side abutting a public
HEIGHT_* r-o-w = 4'; rear = 8' r-o-w = 4'; rear = 8'
_ r-o-w = 4'; rear = 8' r-o-w = 4'; rear = 8'
· I } ~ 'r t r
(Ord. ~ § 11, 1999; Ord. 2571 § 2, 1997).
TITLE 17 TEXT
AMENDMENTS 17
Ord.
SECTION 12
Section 17.18.020, "Mixed Use Zoning Districts - Permitted, Conditional and Prohibited
Uses - Limitations on use," Chapter 17.18, "MIXED USE ZONING DISTRICTS," of the Port
Townsend Municipal Code is hereby amended as follows:
17.18.020 Permitted, conditiOnal and prohibited uses.
A. Table 17.18.020 PTMC identifies land uses in the mixed use zoning districts that
are permitted outright (P), subject to a conditional use permit (C), or prohibited (X). However,
notwithstanding the fact that a use may be permitted outright, additional permits may be required
for certain projects. Uses not specifically identified within Table 17.18.020 PTMC are deemed
to be contrary to the interests of the public health, safety and welfare of the citizens of Port
Townsend and shall be prohibited.
B. Requirements for the uses identified in Table 17.18.020 PTMC which are
contained within other provisions of this title are referenced under the heading "applicable
regulations/notes," although this should not be construed as comprehensive listing of all
provisions of this title which may apply to any given use. Specifically, the provisions of Chapter
17.72 PTMC, "Off Street Parking and Loading," and Chapter 17.76 PTMC, "Signs" shall apply
to all uses, even if not noted in Table 17.18.020.
C. Incidental uses which are identified in this Title as prohibited or conditional uses
within the applicable zoning district shall be considered conditional and processed as a minor
~ in accordance with Chapter 20.01 subject to the approval criteria codified in
Chapter 17.84 PTMC.
(Ord. ~ § 12, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997).
SECTION 13
Table 17.18.020, "Mixed Use Zoning Districts - Permitted, Conditional and Prohibited
Uses," Chapter 17.18, "MIXED USE ZONING DISTRICTS," of the Port Townsend Municipal
Code is hereby amended as follows:
Table 17.18.020
Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses
Apartmenthouses P p
§ 17.18.030 PTMC, "Mixed use bulk, dimensional and density
requirements"; and Ch. 17.36 PTMC, "Multifamily Residential
Development Standards."
Boarding houses (4 or
fewer roomers) and lodging
and rooming houses (5 or
more roomers)
Attached single family
residences (i.e., duplexes,
triplexes and fourplexes)
P
P
P
X
Same as above.
§ 17.18.030 PTMC, "Mixed use bulk, dimensional and density
requirements."
TITLE 17 TEXT
AMENDMENTS
18 Ord. 7f~ O 0
Multi-family dwellings
Residential treatment
facilities including group
homes for the disabled
Residences above
commercial uses
P
Townhouses or rowhouses
(zero lot lines)
Banks
C
Same as above.
P
C
P
Detached single-family X X
residences
P P
"Group Homes" are considered an "essential public facility under
RCW 36.70A.200; "... their siting cannot be precluded by
development regulations... "; and § 17.18.030 PTMC, "Mixed
use bulk, dimensional and density requirements."
The Port Townsend Comprehensive Plan identifies this as the
preferred form of development within Mixed Use Zoning Districts.
§ 17.18.030 PTMC, "Mixed use bulk, dimensional and density
requirements"; and Ch. 17.36 PTMC, "Multifamily Residential
Development Standards."
§ 17.18.030 PTMC, "Mixed use bulk, dimensional and density
requirements."
Business Services P P Same as above
Financial institutions X P Same as above.
Offices, business and P P Same as above.
professional
Offices, government C C Same as above.
Offices, medical P P Same as above.
Amusement devices, up to
C
five (5)
X
Amusement parks or
centers
- I Same as above.
Same as above.
Antique and gift sales X P Same as above.
Apparel and accessory X P Same as above.
stores
Arcade. amusement X P Same as above.
Art galleries X P Same as above.
Building materials, garden X P Same as above.
and farm supplies stores
Convenience stores X C Same as above.
P P Same as above.
Confectioneries
Custom, art and craft work P P Same as above.
TITLE 17 TEXT
AMENDMENTS 19
Ord.
Education and music studio X P Same as above.
Food stores and grocery P P Same as above.
stores
General merchandise stores P P Same as above.
Micro breweries C C § 17.18.030 PTMC, "Mixed use bulk, dimensional and density
requirements." The manufacturing component within any micro
brewery located within a mixed use zoning district must be
subordinate and accessory to a primary retail use.
Office supplies and X P § 17.18.030 PTMC, "Mixed use bulk, dimensional and density
equipment requirements."
Other food services X P Same as above.
Pharmacies and medical P P Same as above.
supply stores
Restaurants (excluding P P Same as above.
those with drive-in or
drive-through service)
Specialty stores P P Same as above.
Catering establishments X P Same as above.
Massage clinic or center X P Same as above.
Health clubs, dance studios, P P Same as above.
martial arts studios
Laundromats and laundry P ' P Same as above.
services
Personal services P P Same as above.
Printing, commercial P P Same as above.
Servicing of personal P P Same as above.
apparel and equipment
Small appliance repair X P Same as above.
Accessory buildings and [ P I ' P Same as above.
accessory structures [ I
Christmas tree sales I P I P Ch. 17.60 PTMC, "Temporary Uses."
Contractor offices and[ P] P Same as above.
model homes
TITLE 17 TEXT
AMENDMENTS 20
Ord.
Outdoor art and craft shows
Same as above.
P P
Retail or service activities P P Same as above.
conducted out of temporary
stmctures and/or trailers
Rummage or other outdoor P P Same as above.
sales
Sidewalk and parking lot P P Same as above.
sales
Yard or garage sales P P Same as above.
Bowling alleys X P Same as above.
Child day care centers, P P Ch. 17.52 PTMC, "Day Care Facilities"; and § 17.18.030 PTMC,
child day care facilities, "Mixed use bulk, dimensional and density requirements."
and preschools
Community clubhouses P P § 17.18.030 PTMC, "Mixed use bulk, dimensional and density
requirements."
Churches X X
Home occupations P P § 17.58 PTMC, "Home Occupations."
Public facilities C C Section 17.18.030 PTMC, "Mixed use bulk, dimensional and
density requirements."
Sheltered transit stops P P Sheltered transit stops may be required as a condition of
development approval for projects which exceed the SEPA
categorical exemption thresholds of WAC 197-11-305.
Schools C C Chapter 18.20 PTMC, "Binding Site Plans"; and Section 17.18.030
PTMC, "Mixed use bulk, dimensional and density requirements."
Personal wireless serv]~e N/A N/A Refer to Ch. 17.78 PTMC. "Personal Wireless Service Facilities
facilities
Radio,, and television
towers
Satellite dishes_.
~ and
C
antennae
C
P
for list of permitted, conditional and prohibited uses itn~l other
substantive reouirements.
Such facilities are allowed in all zoning districts subject to Section
17.18.030 PTMC, "Mixed use bulk, dimensional and density
requirements," and the conditional use permit requirements of
Chapter 17.84 PTMC; however, such facilities are prohibited
within the limits of the Port Townsend National Register Historic
District, except as provided in applicable Federal Communications
Commission roles and regulations; ss~ CB. !7.72 PTMC.
Satellite dishes and antennae shall meet the requirements of
§ 17.18.030 PTMC, "Mixed use, bulk, dimensional and density
requirements," except as provided in applicable Federal
Communications Commission roles and regulations; ::: CB. !7.78
(Ord. __
§ 13, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997).
TITLE 17 TEXT
AMENDMENTS
21
Ord.
SECTION 14
Table 17.18.030, "Mixed Use Zoning Districts - Bulk, Dimensional and Density
Requirements," Chapter 17.18, "MIXED USE ZONING DISTRICTS," of the Port Townsend
Municipal Code is hereby amended as follows:
Mixed Use Zoning
MINIMUM LOT SIZE
MINIMUM FRONT YARD
SETBACKS
MAXIMUM FRONT YARD
SETBACKS
MINIMUM REAR YARD
SETBACKS
MINIMUM SIDE YARD
SETBACKS
MINIMUM NUMBER OF
STORIES
(in any principal building)
MAXIMUM BUILDING HEIGHT
MINIMUM GROUND FLOOR
CLEAR CEILING HEIGHT
MINIMUM BUILDING
FRONTAGE ALONG ABUTTING
PUBLIC R-O-Ws
MINIMUM GROUND FLOOR
NONRESIDENTIAL BUILDING
FRONTAGE ALONG ABUTTING
PUBLIC R-O-Ws (Except as
provided in § 17.18.020(C) PTMC)
Table 17.18.030
Districts - Bulk, Dimensional and Density Requirements
5,000 s.f. 5,000 s.f.
None None
None None
None except: 20' if abutting an R-I, R-II
zoning district; 5' if abutting an R-III or
R-IV zoning district.
None except: 10' if abutting an R-I or R-
II zoning district; 5' if abutting an R-III
or R-IV zoning district.
35'
10'
40' or 70% of front lot width, whichever
is greater
70% of overall building frontage
None except: 20' if abutting an R-I, R-II,
zoning district; 5' if abutting an R-III, or
R-IV zoning district
None except: 10' if abutting an R-I or R-
II zoning district; 5' if abutting an R-III,
or R-IV zoning district
45' except: a) 2 stories, up to 35' within
100' of an abutting R-I or R-II district, or
b) 35' if the development has no
residential use component
10'
None
None
TITLE 17 TEXT
AMENDMENTS
22
Ord.
2 s.f. of gross floor area per 1 s.f. of lot
All-commercial developments (i.e., no
residential component): 0.25 s.f. of gross
floor area per 1 s.f. of lot area
MAXIMUM FLOOR AREA
RATIO
MAXIMUM AMOUNT OF ANY 5,000 s.f. None
INDIVIDUAL COMMERCIAL
USE
MAXIMUM AMOUNT OF 30,000 s.f. 60,000 s.f.
COMMERCIAL FLOOR SPACE
(in any one structure)
MAXIMUM HOUSING DENSITY 16 24
(units per 40,000 square foot area) (2,500 s.f. of lot area per unit) (1,666 s.f. of lot area per unit)
MINIMUM AVERAGE HOUSING 9 None
DENSITY (not more than 4,444 s.f. of lot area per
(units per 40,000 square foot area) unit)
MINIMUM OPEN SPACE 10% of total gross floor area 10% of total gross floor area
MAXIMUM FENCE HEIGHT
* Note: Maximum fence heights apply
Front = Max. blde. heieht a~rflies
Side = Max. blde. heieht atmlies except:
8' when a side yard setback is required
Rear = Max. blde. heieht am~lies excent:
8' when a rear yard setback is required
(Ord.
Mixed-commercial/residential
developments: A base floor area ratio of
0.25 s.f. of gross floor area per 1 s.f. of
lot area, plus a bonus of 1 s.f. of gross
floor area of non-residential use for each
1 s.f. of residential use, up to a maximum
floor area ratio of 3 s.f. of gross floor
area per 1 s.f. of lot area for the project
as a whole
Front = Max. bide. heieht aoolies
Side = Max. bldg. hei.eht applies except:
8' when a side yard setback is required
Rear = Max. bldg. height applies except;
8' when a rear yard setback is require0
ithin any required setback area or along the edge of any req?ired yard.
§ 14, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997).
SECTION 15
Section 17.20.020, "Commercial Zoning Districts -Permitted, Conditional and
Prohibited Uses - Limitations on use," Chapter 17.20, "COMMERCIAL ZONING
DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows:
17.20.020 Permitted, conditional and prohibited uses- Limitations on use.
A. Table 17.20.020 identifies land uses in the commercial zoning districts that are
permitted outright (P), subject to a conditional use permit (C), subject to the specific conditional
use requirements for uses in commercial historic structures contained in PTMC 17.84.060 (H), or
prohibited (X). However, notwithstanding the fact that a use may be permitted outright,
additional permits may be required for certain projects. Uses not specifically identified within
Table 17.20.020 are deemed to be contrary to the interests of the public health, safety and
welfare of the citizens of Port Townsend and shall be prohibited.
TITLE 17 TEXT
AMENDMENTS 23 Ord.
B. Requirements for the uses identified in Table 17.20.020 which are contained
within other provisions of this title are referenced under the heading "applicable
regulations/notes," although this Should not be construed as _13 comprehensive listing of all
provisions of this title which may apply to any given use. Specifically, the provisions of Chapter
17.72 PTMC, Off-Street Parking and Loading, and Chapter 17.76 PTMC, Signs, shall apply to
all uses, even if not noted in Table 17.20.020.
C. Lighting Requirements in Commercial Zoning Districts. Where lighted signs and
illuminated areas are permitted, such illuminating devices shall be shaded and directed so as not
to provide glare toward any residential district (i.e., R-I, R-II, R-III, and R-IV).
D. Incidental uses which are identified in this title as prohibited or conditional uses
within the applicable zoning district shall be considered conditional and processed as a miner
~ in accordance with Chapter 20.01 PTMC subject to the approval criteria codified
in Chapter 17.84 PTMC.
(Ord. ~ § 15, 1999; Ord. 2571 § 2, 1997).
SECTION 16
Table 17.20.020, "Commercial Zoning Districts -Permitted, Conditional and Prohibited
Uses," Chapter 17.20, "COMMERCIAL ZONING DISTRICTS," of the Port Townsend
Municipal Code is hereby amended as follows:
Table 17.20.020
Commercial Zoning Districts - Permitted, Conditional and Prohibited Uses
Bakeries, retail X
Cc. nfecSzna~e: Confectioneries
Drinking establishments (bars,
cocktail lounges, night clubs, and
taverns)
Micro breweries
X
X
X
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
Same as above.
Same as above.
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements." The manufacturing
component within any micro brewery
located within a mixed use zoning district
must be subordinate and accessory to a
primary retail use.
TITLE 17 TEXT
AMENDMENTS
24
Ord.
Other food service establishments
including coffee houses,
delicatessens, ice cream parlors,
juice bars etc.
Restaurants with drive-in or drive-
through service
Restaurants without drive-in or
drive-through
Apparel and other related products
manufacture and assembly
Electrical and electronic goods
manufacture and assembly
Fuel storage facilities
Furniture and fixtures manufacture
and assembly
Computer equipment manufacture
and assembly
Custom, art and craft work
Medical and optic goods
manufacture and assembly
Printing, noncommercial
Mini-storages and mini-
warehouses
Welding and fabrication
Wholesaling
Banks
Business services
TITLE 17 TEXT
AMENDMENTS
X
X
X
X
X
X
X
X
C
X
X
X
X
X
X
25
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements." A manufacturing component
may be permitted within any such use,
provided that it is subordinate and accessory
to a primary retail use (e.g., coffee roasting,
meat curing, etc.). Within the C-II(H)
zoning district, food service uses must be
subordinate and accessory to a medical
services establishment.
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements"; Section 17.84.060 PTMC,
"Additional approval criteria - Conditional
uses in historic commercial structures."
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Ord.
Financial institutions
Offices, business and professional
Offices, government
Offices, medical
hospitals
Amusement devices, up to five (5)
Amusement parks or centers
Arcade, game/vi~ec ~musement
Art galleries
alleys
Health clubs, dance studios,
martial arts studios
Libraries
Museum~
Recreation, commercial
Stadiums, arenas and assembly
halls
Theaters, not including drive-ins
Apartment houses
Boarding houses (4 or fewer
roomers) and lodging and rooming
houses (5 or more roomers)
Multi-family dwellings
Owner/operator residences
[esidential Treatment Facility
X
P
C
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Same as above.
Same as above.
as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Section 17.20.030 PTMC, "Commercial
bulk, density and dimensional
requirements"; and Chapter 17.36 PTMC,
"Multifamily Development Standards."
Same as above.
Same as above.
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements"; such uses shall only be
allowed if clearly subordinate and accessory
to a primary commercial use.
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
TITLE 17 TEXT
AMENDMENTS
26
Ord.
Antique and gift sales C Same as above.
Apparel and accessory stores X Same as above.
Automobile sales and service X Same as above.
establishments, new or used
Boat sales and rentals X Same as above.
Building materials, garden and X Same as above.
farm supplies stores
Convenience stores X Same as above.
Plant nurseries, landscaping X Same as above.
materials, greenhouses
(commercial)
Farmer's markets X Same as above.
Flea markets X Same as above.
Food stores and grocery stores X Same as above.
Furniture, home furnishings, and X Same as above.
appliance stores
General merchandise stores X Same as above.
Mobile, manUfaCtured and X Same as above.
modular housing sales
Motor vehicle sales X Same as above.
Motor vehicle supply'stores X Same as above.
Office supplies and equipment X Same as above.
Pharmacies and medical supply P Same as above.
stores
Regional retail establishments ' X All uses permitted in the C-II district are
permitted so long as the structure and use
meet the definition for "regional retail."
Specialty stores C § 17.20.030 PTMC, "Commercial bulk,
dimensional and density requirements"
Hospitals X P § 17.20.030 PTMC, "Commercial bulk,
dimensional and density requirements."
Preferred uses in this district are medical
related.
Massage clinic or center X P Same as above.
Nursing, rest or convalescentX p Same as above.
homes
Offices, medical ~ ~ Same as above.
TITLE 17 TEXT
AMENDMENTS 27 Ord.
Apartment hotels
Bed and breakfast inns
Hotels/Motels
Lodging Houses
Tourist Homes
Child day care centers, child day
care facilities, and preschools
Funeral parlors and mortuaries
Laundromats
Laundry services
Other personal services
Automobile rental agencies
Automobile towing services
Automotive repair establishment,
minor repair
Car washes
Catering establishments
Equipment rental services,
commercial
Mini-storages and mini-
warehouses
Printing, commercial
Radio and television studios
(including recording studios)
Schools, commercial
Service stations, automotive and
marine
Servicing of personal apparel and
equipment
Small appliance repair shops
Track, trailer and recreational
vehicle rental
TITLE 17 TEXT
AMENDMENTS
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
28
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Chapter 17.52 PTMC, "Day Care Facilities;
and Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Ord.
Electrical distribution substations
Municipal improvements
Offices, government
Recycling facilities, minor
Stormwater retention, detention,
and treatment facilities
X
P
P
P
P
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Contractor offices
Christmas tree sales
Carnivals/circuses
Outdoor art and craft sales
Parking lot/sidewalk sales
Rummage sales
Swap meets
Retail or service activities
conducted out of temporary
structures and/or trailers
P
P
P
P
P
P
X
P
Chapter 17.60 PTMC, "Temporary Uses";
and Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements."
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Accessory buildings and structures
Churches
Conference Centers
Docks and piers for pleasure craft
Ferry landings
Fraternal organizations
Garage, public parking
Personal wireless service facilities
P
X
X
X
X
X
C
N/A
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Refer to Ch. 17.78."Personal Wireless
Service Facilities" for li~ of permitted,
conditional, and prohibited uses and other
substantive reoui'rements.
TITLE 17 TEXT
AMENDMENTS
29
Ord.
Radi~ 0nd television e. nd z~er
t ele~m"..nic~ticns towers
C
Satellite dishes, noncommercial.
and antennae
P
(Ord. __
§ 16. 1999; Ord. 2571 § 2, 1997).
Such facilities are allowed in all zoning
districts subject to the conditional use permit
requirements of Chapter 17.84 PTMC;
however, such facilities are prohibited
within the limits of the Port Townsend
National Register Historic District; and
Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements," except as provided in
applicable Federal Communications
Commission roles and regulations; r. ez Ch.
Satellite dishes and antennae shall meet the
requirements of § 17.20.030 PTMC,
"Commercial bulk, dimension and density
requirements," except as provided in
applicable Federal Communications
Commission roles and regu!at!cnz; zee Ck.
!7.78 P2D.~.C.
TITLE 17 TEXT
AMENDMENTS
30
Ord.
SECTION 17
Table 17.20.030, "Commercial Zoning Districts - Bulk, Dimensional and Density
Requirements," Chapter 17.20, "COMMERCIAL ZONING DISTRICTS," of the Port Townsend
Municipal Code is hereby amended as follows:
Table 17.20.030
Commercial Zoning Districts - Bulk, Dimensional and Density Requirements
Owner/operator Owner/operator Owner/operator Multi-family No residential
residences allowed residences allowed residences allowed residences uses are allowed
subject to the above commercial above commercial allowed above the in the C-IV
requirements uses subject to the uses subject to the ground floor zoning district
RESIDENTIAL below requirements below requirements
REQUIREMENTS below
MINIMUM LOT 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f.
SIZE
None None -1-~None None 45' except: 30'
FRONT YARD with side or rear
SETBACKS parking
5' except: none 10' except: 15', + 5' 10' except: 15', + 5' None, except: 10' 20' except: 1
when contiguous for each building for each building when contiguous additional foot for
with another floor above 2 floor above 2 with an R-II or R- each foot of
commercial zoning stories, when stories, when III zoning district building height
district contiguous with an contiguous with an over 30' when
R-I or R-II zoning R-I or R-II zoning abutting a
REAR YARD district district residential zoning
SETBACKS district
5' except: none No minimum on No minimum on Nene ~No 20' except: 1
when contiguous interior lot lines; 5' interior lot lines; 5' minimum on additional foot for
with another minimum otherwise minimum interior lot lines: each foot of
commercial zoning except: 10', + 5' for otherwise except: 5' minimum building height
district each building floor 10', + 5' for each otherwise except; over 30' when
above 2 stories, building floor 10'. + 5' for each abutting a
when contiguous above 2 stories, building floor residential zoning
with an R-I or R-II when contiguous above 2 stories, district
zoning district with an R-I or R-II when contiguou~
SIDE YARD zoning district with an R-I or ]K-
SETBACKS II zonin~ district
MAXIMUM None 75,000 square feet None None None
BUILDING SIZE
MAXIMUM 2 stories, up to 35', 3 stories, up to 35', 3 stories, up to 35', 50' or as specified 45'
BUILDING whichever is less whichever is less whichever is less i by 17.28 PTMC
HEIGHT
MAXIMUM 1 s.f. of gross floor 2 s.f. of gross floor 2 s.f. of gross floor 3 s.f. of gross 1 s.f. of gross
FLOORAREA areaper2 s.f. of lot areaper 1 s.f. of lot areaper 1 s.f. of lot floor area per 1 floor area per 3
RATIO s.f. of lot s.f. of lot
TITLE 17 TEXT
AMENDMENTS 31 Ord.
When abutting an When abutting an When abutting an When abutting an When abutting an
R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning
district, any permit district, any permit district, any permit district, any district, any
application must be application must be application must be permit application permit application
accompanied by accompanied by accompanied by must be must be
landscape plans to landscape plans to landscape plans to accompanied by accompanied by
obscure and limit obscure and limit obscure and limit landscape plans to landscape plans to
GREENBELT access access access obscure and limit obscure and limit
REQUIREMENTS access access
Front = 4 Max. Front = 4 Max. Front = 4~ Max. Front = 4 Max. Front = 4'
bldg. heieht blde. heieht at. lies blde. height bide. heieht Side = 8'
aoolie__ s Side = Max. bide. aoolie~s avolie~ Rear = 8'
Side = 8' excevt: heieht ar~olics Side = Max. bide. ~Max. bide.
max. bide. beieht excent: 8' whena height applies h_ogllI.tpp.!~
aoolies whe~l side yard setback is exceot: 8' when a excent_ .' 8' whena
abutting another reauired side yard setback is side yard setback
~ Rear = 8' reauired is require__.0~
district Rear = 8' Rear = Max. bide.
Rear = 8' excevt: heieht aoolies
max. blde. height exceot: 8' when a
aovlies when rear yard setback
! ~ is reauired
MAXIMUM FENCE ~
HEIGHT_* district
* Note: Maximum fence heights anplv within any re~u~ ired front, side. or rear setback area or along the edge of any reauired yarg.
(Ord. __. § 17, 1999; Ord. 2571 § 2, 1997).
SECTION 18
Section 17.22.020, "Permitted, conditional and prohibited uses- Limitations on use,"
Chapter 17.22, "MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS," of
the Port Townsend Municipal Code is hereby amended as follows:
Section 17.22.020 Permitted, conditional and prohibited uses - Limitations on use.
A. Table 17.22.020 identifies land uses in the marine-related and manufacturing
zoning districts that are permitted outright (P), permitted in the M-II(A) and M-II(B) zoning
districts if marine-related (M), subject to a conditional use permit (C), or prohibited (X).
However, notwithstanding the fact that a use may be permitted outright, additional permits may
be required for certain projects. Uses not specifically identified within Table 176.22.020 are
deemed to be contrary to the interests of the public health, safety and welfare of the citizens of
Port Townsend and shall be prohibited. Marine-related uses are the goods and services which
are primarily intended to support boating, sailing, water sports, marine research, or similar water-
oriented activities.
B. Requirements for the uses identified in Table 17.22.020 which are contained
within other provisions of this title are referenced under the heading "applicable
regulations/notes," although this should not be construed as _i3 comprehensive listing of all
provisions of this title which may apply to any given use. Specifically, the provisions of Chapter
17.72 PMC, Off-Street Parking and Loading, and 17.76 PTMC, Signs, shall apply to all uses,
even if not noted in Table 17.22.020.
TITLE 17 TEXT
AMENDMENTS 32
Ord.
C. Limitations on Use - Buffering Requirements. All sites in marine-related and
manufacturing districts (i.e., M/C, M-I, M-II, M-II(A), M-II(B), and M-III) having a common
boundary with residential districts (i.e., R-I, R-II, R-III, and R-IV) shall have planted and
maintained along such common boundary a view-obscuring greenbelt of shrubs, trees and native
vegetation, which will grow to not less than eight feet in height nor less than 10 feet in width
within five years, for screening purposes and controlling access.
D. Limitations on Use - General Requirements, Marine-related and manufacturing
uses shall be subject to the following conditions:
1. Noise. In all marine-related and manufacturing districts (i.e., M/C, M-I,
M-II, M-II(A), M-II(B), and M-III), the noise emanating from the premises used for marine-
related and manufacturing activities shall be muffled so as to not become objectionable due to
intermittent beat, frequency or shrillness, and where any marine-related or manufacturing district
adjoins a residential zoning district, the noise loudness measured at the boundary line shall not
exceed 40 decibels between the hours of 11:30 p.m. and 6:00 a.m., and 60 decibels at other
hours.
2. Light and Glare. Exterior lighting shall not be used in such a manner that
produces glare on public streets or roads and neighboring property. Arc welding, acetylene torch
cutting or similar processes shall be performed so as not to be seen from any point beyond the
outside of the property.
3. Fire and Safety Hazards.
a. The storage and handling of inflammable liquids, liquefied
petroleum gases and explosives shall comply with rules and regulations falling under the
jurisdiction of the city fire chief, the laws of the state and other local ordinances;
b. Bulk storage of inflammable liquids below ground shall be
permitted, and the tank shall be located not closer to the property line than the greatest dimension
(diameter, length, or height) of the tank.
4. Interferences. Provisions must be made for necessary shielding or other
preventatiVe measures against interferences occasioned by mechanical or electrical equipment,
uses or processes with electrical apparatuses in nearby buildings or land uses.
5. Waste Products. Liquid and solid wastes, storage of animal or vegetable
waste_s 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 marine-
related or manufacturing district (i.e., M/C, M-I, M-II(A), M-II(B), and M-III).
E. Incidental uses Which are identified in this title as prohibited or conditional uses
within the applicable zoning district shall be considered conditional and processed as a miner
C-~ in accordance with Chapter 20.01 PTMC subject to the approval criteria codified
in Chapter 17.84 PTMC.
(Ord. § 18, 1999; Ord. 2571 § 2, 1997).
SECTION 19
Table 17.22.020, "Marine-Related and Manufacturing Zoning Districts - Permitted,
Conditional and Prohibited Uses," Chapter 17.22, "MARINE-RELATED AND
MANUFACTURING ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby
amended as follows:
TITLE 17 TEXT
AMENDMENTS 33
Ord.
Table 17.22.020
Marine-Related and Manufacturing Districts - Permitted, Conditional and Prohibited Uses
Apparel and other finished products
manufacture and assembly
Boat building and related products
manufacture
Building construction yards and
offices occupying up to 10,000 s.f.
total area
Building construction yards and
offices occupying more than 10,000
s.f. total area
Computer equipment manufacture
and assembly
Custom, art and crafl work
Electrical and electronic goods
manufacture and assembly
Food and beverage processing
Freezer plants, food mills and
fertilizer production
Furniture and fmtures manufacture
and assembly
Heavy manufacturing not otherwise
listed, provided such manufacturing
is similar and not detrimental to other
uses allowed in M-III
Marine-related products manufacture,
fabrication and assembly
Metal products manufacture,
fabrication and assembly
Light manufacturing or processing
not otherwise named
Lumber and wood products
processing
Medical and optic
and assembly
M M
P P
X X
X X
X X
M M
M M
X X
X X
M M
X X
P P
M M
M M
X X
X X
Section 17.22.030 PTMC, "Marine-
related and manufacturing bulk,
dimensional and density
requirements; Chapter 17.44 PTMC,
"Commercial, and Marine-Related
and Manufacturing Uses -
Development Standards."
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
TITLE 17 TEXT
AMENDMENTS
34
Ord. 7_~1 O0
Printing, noncommercial
Rubber, plastic, and fiberglass
products manufacturing
Seafood processing
Stone, clay, glass and concrete
products manufacturing
Transportation equipment
manufacturing and assembly
Welding and fabrication
Automobile repair establishments,
major repair, paint or body shop
Boat repair establishments
Bulk plant facilities
Marine haulout facilities
Automobile wrecking yards
Janitorial services
Laundry plants and dry cleaning
plants
Mechanical and electronic
repair establishments
Automobile towing services
Child day care centers, child day care
facilities, and oreschools
Equipment rental service,
commercial
Marinas
Marine supply and accessory stores,
chandlers
Retail sale of goods or products
manufactured on the premises, or
used in manufacturing, repairing, or
servicing activities which are
permitted in this district
Wholesalin? of .eoods or products
manufactured on the premises
TITLE 17 TEXT
AMENDMENTS
X X
M M
P C
X X
M M
M M
X X
P P
X X
P P
X X
X X
X X
M M
X X
M M
P P
P P
M M
35
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Chaoter 17.52 PTMC. "Day Care
Faci~lities": and Section 17.22.030
PTMC. "Marine-related and
manufacturine bulk, dimensional and
density, requi;ement~,"
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Ord. ,~,q0~
Bakeries. retail
Confectioneries
Drinking establishments (bar~,
cocktail lounges, night clubs, and
taverns)
Micro breweries
Other food service establishments
including coffee hous¢~,
delicatessens, ice cream parlors, juice
bars.
Restaurants with drive-in or drive
through service
Restaurants without drive-in or drive-
throueh service
Residential quarters as an accessory
use (i.e., guard's quarters in large
establishments, where such quarters
are customarily provided for security
and/or insurability of the premises)
G G
x x
x x
x x
x x
c c
P P
Fac!!!Se:"; and Section !7.22.030
PTMC, "Ma~c:z re!atz~ and
No foOd service uses located within
Marine-Related and Manufacturim,
Districts may exceed 1.500 total
No food service uses located within
Marine-Related and Manufacturing
Districts may exceed 1.500 total
square feet of floor space.
Section 17.22.030 PTMC, "Marine-
related and manufacturing bulk,
dimensional and density
requirements."
Offices, business and professional
M
M
Section 17.22.030 PTMC, "Marine-
related and manufacturing bulk,
dimensional and density
requirements; and Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
TITLE 17 TEXT
AMENDMENTS
36
Ord.
Offices, government
Airports and heliports
Correctional facilities
Electrical distribution substations
Municipal improvements
Other facilities designated as
essential public facilities by the
Washington State Office of Financial
Management
M M
C C
X
X X
P P
C C
Examples of marine-related
government offices include: U.S.
Coast Guard and the Port of Port
Townsend; Section 17.22.030
PTMC, "Marine-related and
manufacturing bulk, dimensional and
density requirements; Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
"Airports" are considered an
"essential public facility" under
RCW 36.70A.200; "... their siting
cannot be precluded by development
regulations..."; Section 17.22.030
PTMC, "Marine-related and
manufacturing bulk, dimensional and
density requirements; Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
Same as above.
Section 17.22.030 PTMC, "Marine-
related and manufacturing bulk,
dimensional and density
requirements; and Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
Same as above.
Under RCW 36.70A.200, the siting
of "essential public facilities" "...
cannot be precluded by development
regulations ..."; Section 17.22.030
PTMC, "Marine-related and
manufacturing bulk, dimensional and
density requirements; Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
TITLE 17 TEXT
AMENDMENTS
37
Ord.
Recycling facilities, minor
State or regional transportation
facilities
Stormwater retention, detention, and
treatment facilities
Solid waste handling facilities,
including major recycling facilities
Water and wastewater treatment
facilities
Boat storage facilities
TITLE 17 TEXT
AMENDMENTS
38
P P
C C
P P
X X
C C
P P
Section 17.22.030 PTMC, "Marine-
related and manufacturing bulk,
dimensional and density
requirements; and Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
"State and regional transportation
facilities" are considered "essential
public facilities" under RCW
36.70A.200; "... their siting cannot
be precluded by development
regulations..."; Section 17.22.030
PTMC, "Marine-related and
manufacturing bulk, dimensional and
density requirements; Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
Section 17.22.030 PTMC, "Marine-
related and manufacturing bulk,
dimensional and density
requirements; and Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
"Solid waste handling facilities" are
considered an "essential
public facility" under RCW
36.70A.200; "... their siting cannot
be precluded by development
regulations..."; Section 17.22.030
PTMC, "Marine-related and
manufacturing bulk, dimensional and
density requirements; Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
Section 17.22.030 PTMC, "Marine-
related and manufacturing bulk,
dimensional and density
requirements; and Chapter 17.44
PTMC, "Commercial, and Marine-
Related and Manufacturing Uses -
Development Standards."
Same as above.
Ord.
Freight distribution centers
Mini-storage and mini-warehouse
facilities
Warehousing operations
Ferry landings
Docks and piers for pleasure craft
Accessory buildings and structures
Garages, public parking
Personal wireless service facilitie~
X X
X X
X X
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Refer to Ch. 17.78."Persgnol
Radio;, and television ~-':d z~zr
te!ez.~'r:~.!c=t!c~ng towers
Satellite dishes, noncommercial, and
antennae
(Ord.
§ 19, 1999; Ord. 2571 § 2, 1997).
C C
P P
P P
C C
N/A N/A
C C
P P
Wireless Service Facilities" for li~t of
t~ermitted, conditional, and
prohibited uses and other substantive
Section 17.22.030 PTMC. "Mitrille-
related and manufacturing bulk,
dimensional and density
reouirements:, and Chapter 17,44
PTMC. "Commercial. and Marine-
Related and Manufacturing Uses -
Develonment Standards."Same :s
~' ..... except as provided in
applicable Federal Communications
Commission rules and regulations,
Satellite dishes and antennae shall
meet the requirements of § 17.22.030
PTMC, "Marine-related and
manufacturing bulk, dimensional and
density requirements," except as
provided in applicable Federal
Communications Commission rules
and regulations; see Ch. 17.78
?TMC.
TITLE 17 TEXT
AMENDMENTS
39
Ord.
SECTION 20
Table 17.22.030, "Marine-Related and Manufacturing Zoning Districts - Bulk,
Dimensional and Density Requirements," of Chapter 17.22, "MARINE-RELATED AND
MANUFACTURING ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby
amended as follows:
Table 17.22.030
Marine-Related and Manufacturing Zoning Districts -
Bulk, Dimensional and Density Requirements
MINIMUM LOT SIZE 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f. 5,000 s.f.
MINIMUM FRONT 10' 10' None 40~ None 20'
YARD SETBACKS
MINIMUM REAR 10' 10' None None 20'
YARD SETBACKS
MINIMUM SIDE YARD 5' each side 5' each side None None 15' each side
SETBACKS
MAXIMUM BUILDING 35' 35' 50' 35' 50'
HEIGHT
2 s.f. of gross 2 s.f. of gross2 s.f. of gross2 s.f. of gross 1 s.f. of gross
MAXIMUM FLOOR floor area per 1 floor area per floor area per floor area per floor area per
AREA RATIO s.f. of lot 1 s.f. of lot 1 s.f. of lot 1 s.f. of lot 1 s.f. of lot
Front = 4! 8' Front = 42 8' Front - ! O' Front -~' Front = 10'
Side = 8' Side = 8' ~ ~ Side = 10'
Rear = 8' Rear = 8' ~ ~ Rear = 10'
MAXIMUM FENCE ~ ~
HEIGHT_* htigh.t_ap, pJi~ height aoolies
* Note: Maximum fence heights apply within any required from. side. or rear setback area or along the edge of any required yard,
(Ord.__ § 20, 1999; Ord. 2571 § 2, 1997).
SECTION 21
Section 17.24.010, "Purposes," Chapter 17.24, "PUBLIC, PARK AND OPEN SPACE
ZONING DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows:
17.24.010 Purposes.
A. The general purposes of the public, park, and open space districts are as follows:
1. To provide opportunities for existing and future outdoor recreational activities;
2. To preserve scenic qualities and resources and provide contrasts to the built
environment;
3. To protect environmentally sensitive areas;
4. To provide adequate opportunities for location of existing and future public utilities,
facilities, and services;
5. To preserve the function, capacity, and water quality of the city's stormwater
drainage system;
TITLE 17 TEXT
AMENDMENTS 40 Ord.
B. The specific purposes of each individual public, park, and open space district are as
follows:
1. P/OS(A) - Existing Park and Open Space. This district has been applied to existing
city, county, and state-owned parks, recreation areas, and city-owned or controlled lands which
provide valuable natural and open space functions.
2. P/OS(B)- Mixed Public/Infrastructure/Open Space. This district occurs on lands used
to provide public utilities, facilities, and services which also provide valuable natural and open
space functions. Allowed uses include stormwater detention facilities and wastewater treatment
facilities.
3. P-I - Public/Infrastructure. ~ This district occurs on lands used to provide public
utilities, facilities, and services. Allowed uses include, schools, libraries, public utilities, and
government buildings.
(Ord. ~ § 21, 1999; Ord. 2571 § 2, 1997).
SECTION 22
Section 17.24.020, "Permitted, conditional and prohibited uses," Chapter 17.24,
"PUBLIC, PARK AND OPEN SPACE ZONING DISTRICTS," of the Port Townsend
Municipal Code is hereby amended as follows:
17.24.020 Permitted, conditional and prohibited uses.
A. Table 17.24.020 identifies land uses in the public, park and open space zoning
districts that are permitted outright (P), subject to a conditional use permit (C), or prohibited
(X). However, notwithstanding the fact that a use may be permitted outright, additional permits
may be required for certain projects. Uses not specifically identified within Table 17.24.020 are
deemed to be contrary to the interests of the public health, safety and welfare of the citizens of
Port Townsend and shall be prohibited.
B. Requirements for the uses identified in Table 17.24.020 which are contained
within other provisions of this title are referenced under the heading "applicable
regulations/notes," although this should not be construed as a comprehensive listing of all
provisions of this title which may apply to any given use. Specifically, the provisions of Chapter
17.72 PTMC, Off-Street Parking and Loading, and Chapter 17.76 PTMC, Signs, shall apply to
all uses, even if not noted in Table 17.22.020.
C. Incidental uses which are identified in this title as prohibited or conditional uses
within the applicable zoning district shall be considered conditional and processed as a miner
~ in accordance with Chapter 20.01 PTMC subject to the approval criteria codified
in Chapter 17.84 PTMC.
(Ord. ~ § 22, 1999; Ord. 2571 § 2, 1997).
TITLE 17 TEXT
AMENDMENTS 41
Ord.
SECTION 23
Table 17.24.020, "Public, Park and Open Space Zoning Districts -Permitted, Conditional
and Prohibited Uses," Chapter 17.24, "PUBLIC, PARK AND OPEN SPACE ZONING
DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows:
Table 17.24.020
Public, Park and Open Space Zoning Districts -
Permitted, Conditional and Prohibited Uses
Camp~ounds. public
Community centers
Community gardens
Conference centers
Fairgrounds
Golf courses and driving
ranges
Libraries
Museums
Open spaces and trails
P C
C C
P P
C C
X X
C XC
X X
C X
P P
Parks P P
Recreation areas P P
Recreation facilities C X
Recreational vehicle P C
oarks, oublic
Stadiums, arenas and
assembly halls
C X
Swimming pools C X
TITLE 17 TEXT
AMENDMENTS
42
Section 17.24.030 PTMC. "Public, park and
ooen soace bulk. dimensional and density
reouirements."
17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
N/A
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
Same as above.
Same as above.
Same as above.
Same as above.
N/A
N/A
N/A
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
Same as abow,
Same as above.
Same as above.
Ord.
Zoos
C X
Same as above.
Airports and landing
fields
Bus and transit storage
and maintenance
facilities
Correctional facilities
(jails and prisons)
Electrical distribution
substations and power
generating facilities
Institutions, educational
Municipal improvements
Offices, government
including public
buildings and public
facilities
Other facilities
designated as essential
public facilities by the
Washington State Office
of Financial
Management
X X
X X
X X
X X
C X
P P
C C
X X
"Airports" are considered an "essential
public facility" under RCW 36.70A.200; "...
their siting cannot be precluded by
development regulations..."
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
"Correctional facilities" are considered an
"essential public facility" under RCW
36.70A.200; "... their siting cannot be
precluded by development regulations..."
Same as above.
Same as above.
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
Same as above.
The siting of "essential public facilities"
cannot be precluded by development
regulations under RCW 36.70A.200.
TITLE 17 TEXT
AMENDMENTS
43
Ord.
Schools, public
X X
Solid waste facilities,
including major
recycling facilities
X C
Stormwater retention,
detention, and treatment
facilities
Water and wastewater
facilities (pump stations,
treatment plants,
water towers)
"Public schools" are considered an "essential
public facility" under RCW 36.70A.200; "...
their siting cannot be precluded by
development regulations..."; Section
17.24.030 PTMC, "Public, park and open
space bulk, dimensional and density
requirements."
"Solid waste handling facilities" are
considered an "essential public facility" under
RCW 36.70A.200; "... their siting cannot be
precluded by development regulations..."
Docks and piers for
pleasure craft
Cemeteries,
crematoriums and
mausoleums
Emergency shelters
Ferry landings
Hospitals
Personal wireless servic~
facilities
P P N/A
P P
P
X
C
C
X
C
X
X
N/A
TITLE 17 TEXT
AMENDMENTS
44
X
X
N/A
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
Such facilities require compliance with the
Shoreline Master Program.
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
Same as above.
Such facilities required compliance with the
Shoreline Master Program; Section 17.24.030
PTMC, "Public, park and open space bulk,
dimensional and density requirements."
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
Refer to Ch. 17.78 PTMC. "Personal Wirele?.q
Service Facilities for list ofpermitted~
conditional and prohibited uses and other
substantive requirements,
Ord.
Radio,, and television
towers ~
C C
Recycling facilities, X C
minor
Satellite dishes. P P
noncommercial, and
antennae
Such facilities are allowed in all zonine
districts subject to the conditional use permit
reauirements of Ch. 17.84 PTMC: however,
such facilities are prohibited within the limits
of the Port Townsend National Register
Historic District: and § 17.24.030 PTMC,
"Public. park and open space bulk.
dimensional and density requirements." except
as provided in applicable Federal
Communications Commission rules and
reeulations.
~ Section 17.24.030 PTMC,
"Public. park and open space bltlk.
dimensional and density, requirements."
Satellite dishes and antennae shall meet the
requirements of 17.24.030 PTMC. "Public,
park and open space bulk. dimensional and
densi ,ty requirements." except as provided in
applicable Fedearl Communications
commission rules.
Accessory buildings and P P
structures
Public parking garages X C
P ia
Satellite dish.er, and
(Ord.
§ 23, 1999; Ord. 2571 § 2, 1997).
Section 17.24.030 PTMC, "Public, park and
open space bulk, dimensional and density
requirements."
Same as above.
TITLE 17 TEXT
AMENDMENTS
45
Ord.
SECTION 24
Table 17.24.030, "Public, Park and Open Space Zoning Districts - Bulk, Dimensional
and Density Requirements," Chapter 17.24, "PUBLIC, PARK AND OPEN SPACE ZONING
DISTRICTS," of the Port Townsend Municipal Code is hereby amended as follows:
Table 17.24.030
Public, Park and Open Space Zoning Districts -
Bulk, Dimensional and Density Requirements
MINIMUM LOT SIZE None None None
20' exceot: none 5~n' 20' extent: none 20' extent: none
when eonti~uo~us with when contieuou.=___~s when contieuou~
a mixed use or with a mixed use or with a mixed use or
MINIMUM FRONT commercial zonin___~e commercial zonillg commercial zoning
YARD SETBACKS district district district
10' except: none !99'~10' except: none 10' except: none
when contieuous with when contieuous when conti~uous
a mixeduse or with a mixed use or with a mixed use or
MINIMUM REAR commercial zonine commercial zonin~ commercial zonine
YARD SETBACKS district district district
10' except: none !99' 10' exc~t: none 10' except: none
when conti~uous with when conti~uous when conti~uous
a mixed use o-~~~-"[-'- with a mixed use or with a mixeduse or
MINIMUM SIDE commercial zoning commercial zoning commercial zonin2
YARD SETBACKS district district district
MAXIMUM BUILDING
HEIGHT 35' 35' 50'
MAXIMUM FLOOR 1 s.f. of gross floor 1 s.f. of gross floor 3 s.f. of gross floor
AREA RATIO area per 10 s.f. of lot area per 10 s.f. of lot area per 10 s.f. of lot
When abuttin~ an R-I When abuttine an R- When abuttine an R-
district, any t~ermi~t district, anv_...____nermit district, any r~ermi~t
application must be ant~lication must b_._.~___~~e application must b~
accompanied by ar, r,.0.algaair, lL~ accompanied by
landscane nlans t~o landscane t~lans to landscar>eulanstO
~ obscure and limit obscure and limit obscure and limit
REQUIREMENTS access access access
TITLE 17 TEXT
AMENDMENTS 46 Ord. ~,'~oO
Front = 4' excer>t: Front = 10' excem: Front = 10' exceot:
max. bld~,, heieh----~ max. blde. heie[t max. bldg. height
applies if no front applies if no front aor>lies if no front
yard setback ar>olies yard setback aor>lies yard setback ar>olies
Side = 8' exert: Side = 10' excem: Side = 10' excer>t:
max. bldg. height max. blde. hei~h,~..__~_~t max. bld,e, height
aoolies if no front aor>lies if no front ar>olies if no front
yard setback applies yard setback applies yard setback applies
Rear = 8' except: Rear = 10' exceot: Rear = 10' excer>t:
max. bldg. hei~h~t max. bldg. height max. blde. heieht
MAXIMUM FENCE applies if no front ar>plies if*no frorl~ applies if*no frorlt
HEIGHT_* yard setback applies yard setback applie~ yard setback applie~
* Note: Maximum fence heiehts aoply to fences, walls and arbors and other partially or totally sight obscurine installations located within al~Y
reouired front, side. or rear setback area or alon~ the edge ofanv reouired yard,
(Ord. § 24, 1999; Ord. 25~1 § :~, 1997)[
SECTION 25
Section 17.32.130, "Modifications to an approved PUD," Chapter 17.32, "PLANNED
UNIT DEVELOPMENTS," of the Port Townsend Municipal Code is repealed and replaced as
follows:
17.32.130 Modifications to an approved PUD.
TITLE 17 TEXT
AMENDMENTS 47
Ord. %~10 C)
,f,,~
A. Minor modifications to a nreviouslv aonroved nreliminarv PUD may be reauested by
the applicant and approved bv the BCD Direc(or ~bject t~ the orovi~ions for T~we I d~cisions in
Chapter 20.01 PTMC. However. minor modifications shall unfier no circumstances include;
1. Substantial modification or relocation of a lot. tract or parcel boundary line or the
location or relocation of a street'
2. A reduction in any perimeter setback'
3. An increase in the residential density or .m'oss floor area of the project:
4. A reduction of the area set aside for common open space:
5. Any relocation of the area set aside for common open stance in a manner which makes
it less accessible or usable to the public or the occunants of the develor~ment:
6. Any change in the landscane buffers res'ultin~ in a reducti0h in width or densi .ty of
planting between the development anal adjoining propert'ie~'
7. A substantial change in the points of access, including any change to a different
street;
8. A substantial increase in the total mound area covered bv buildings or othc, r
impervious surfaces; ' ~
9. Removal of trees or modification to other unioue natural features that were required
to be preserved under the conditions of the preliminary P~I) am~roval: or
10. Any change that imnairs or reduces the potential oi~he PUD to provide affordable Or
low income housin~ opportunities, if affordable housin~ is identified as a goal or requiremellt
under the conditions of the oreliminarv PUD atmroval.
B. Before approvin~ a [ninor motiifieation: ~the BCD Director shall make written findings
and conclusions that the following exist:
1. The modification will not violate the terms and a~reements of the PUD approval and
the intent of the original conditions of annroval is not alterec[
2. The motiifieation will not ea[].~e the PUD to violate any applicable City policy or
3. The modification will not be inconsistent or cause the nreliminarv PUD to be
inconsistent with the decision of the ei~ preliminarilv ant)rovin~ [he anplie~tion.
C. Modifications that involve any of the actions ]ist'e'd in su~sectit~n (A~(l~ throm, h (10~. or
which fail to satis~ the required findings contained in subsection (B). ab0v~ ~hall b~t~r0ce*ssed
as a new PUD application.
(Ord. ~ § 25, 1999; Ord, 2571 § 2, 1997).
TITLE 17 TEXT
AMENDMENTS 48
Ord.
SECTION 26
Section 17.56.050, "Ineligible activities,". Chapter 17.56, "HOME OCCUPATIONS," of
the Port Townsend Municipal Code is hereby amended as follows:
17.56.050 Ineligible activities.
The following activities are not eligible for a home occupation permit because of their
incompatibility with the maintenance of residential neighborhood character:
A. Retail activities, except for merchandise crafted on-site or items clearly accessory
to a service (e.g., sales of paintings, crafts or art work, and sales of hair care products incident to
a beauty salon);
Chapter 17.16
C.
D.
E.
a nature that is
Stables, kennels, animal husbandry or farming activities except as provided in
PTMC;
Vehicle repair, automobile detailing or automobile servicing activities;
Any activities involving more than five customer or business visits per day; and
similar to those listed in this section or which creates imoacts on the surroundine
neiehborhood
(Ord.
similar to those created by the uses listed in this section.
26, 1999; Ord. 2571 § 2, t997).
SECTION 27
Section 17.56.060, "Minimum standards," Chapter 17.56, "HOME OCCUPATIONS," of
the Port Townsend Municipal Code is hereby amended as follows:
17.56.060 Minimum standards.
Every home occupation shall meet all of the following minimum standards:
A. NO variation from the residential character of the dwelling or neighborhood shall be
permitted, and no physical change shall be made to the exterior of the structure solely to
accommodate the home occupation;
B. All activities shall be conducted entirely within the principal or accessory structure;
C. Maximum floor area devoted to the home occupation shall not exceed fifty percent (50%)
of the floor area, or eight hundred square feet (800 sq. ft.), whichever is less;
D. There shall be no outside display of any goods or material associated with the home
occupation;
E. Except for the purchase of merchandise crafted on site or items clearly accessory to a
service (e.g., paintings, crafts or artwork, and hair care products incident to a beauty salon) no
retail customers shall visit the home premises at any time;
F. There shall be no business visits or nonresident worker arrivals or departures permitted
before 8:00 a.m. or after 9:00 p.m.;
G. One sign identifying the home business shall be permitted, which shall be no larger than
three square feet (3 sq. ft.) in size, without illumination, and mounted flat to the main wall oft-he
~ either the principal or accessory structure;
?
H. Except for three (3) nonresident workers, and except for occasional visits by business
associates and outside service providers, persons who do not reside on the premises shall be
prohibited from working at the home occupation;
TITLE 17 TEXT
AMENDMENTS 49
Ord.
I. Materials, goods or commodities shall be delivered to or from the home occupation only
from 8:00 a.m. to 6:00 p.m. Monday through Friday; track delivery or pick-up not common to a
residential dwelling is not allowed;
J. No more than one worker vehicle may be parked on-street, and under no circumstances
shall parking for the home occupation cause traffic hazards or parking problems on adjacent
rights-of-way;
K. Heavy equipment, large power tools or noise or power sources not compatible with
residential areas shall not be allowed, and no electrical or other similar interference shall be
perceptible beyond the property boundary;
L. No production, generation of any hazardous substance, or storage of any hazardous waste
shall be permitted; and,
M. The home occupation shall comply with all other applicable requirements contained
within the Port Townsend Municipal Code.
(Ord. ~ § 27, 1999; Ord. 2571 § 2, 1997).
SECTION 28
Section 17.76.040, "Residential districts (R-I, R-II, R-III and R-IV)," Chapter 17.76
"SIGNS," of the Port Townsend Municipal Code is hereby amended as follows:
17.76.040 Residential districts (R-I, R-II, R-III and R-IV).
In addition to the other applicable provisions of this chapter, the following regulations
also apply in each residential zoning district (i.e., R-I, R-II, R-III and R-IV):
A. Total Allowable Sign Area.
1. Each residential building is allowed one permanent, wall-mounted,
identification sign per street frontage and one temporary yard sign and each such sign may not
exceed three square feet in sign area. No sign permit is required for either sign.
2. Each multifamily complex, subdivision or nonresidential use permitted
outright or by conditional use permit in residential zones is allowed 24 square feet of sign area.
o~,.~ ....... .~,c--+ ;_..~ o-e~- ~; ..... .~,~,.. Consistent with Chanter 17.56 PTMC. home occunations are allowed
one sien. which shall be no larger than three sauare feet in size. without illumination, and
mounted flat to either the nrincinal or accessory structure.
4. Government buildings, schools, and churches are allowed one
identification sign not to exceed 16 square feet and one reader-board sign not to exceed 24
square feet.
B. Maximum sign height is five feet.
C. Freestanding Signs.
1. Permanent freestanding signs must be monument signs or pole signs
mounted on two poles placed at the outermost sides of the sign face;
2. Temporary yard signs may be displayed for up to 15 days and may be
mounted on a single pole or stake. Exceptions:
a. Garage or rummage sale signs pursuant to Article III of this
chapter, Special Category Signs;
b. Real estate and political signs pursuant to PTMC 17.76.070;
TITLE 17 TEXT
AMENDMENTS 50
Ord.
3. Freestanding signs must be set back at least five feet inside property lines,~_
Excention: The director is authorized to Dermit altemate placement of
freestandin~ signs,_ when meetin~ the five foot setback requirement woul~l;
a. NecesSitate the removal of mature landscaDing: or
b. Reauire Dlacement of the sima in a location so obscured from view,
due to tonom'aDhic or other site-related constraints, that the DUrOose of the sitmage
is defeated.
Notwithstandin~ this exception, the director shall not allow the placement of any
freestanding sima that would Dose a hazard to pedestrian or vehicular traffic safety
or interfere~wit'h intersection clear vision areas.
4. No other pole signs, portable, sandwich board, sidewalk or other
freestanding signs are allowed.
D. Off-premises signs are not permitted. Exception: Signs authorized to be erected
off-premises pursuant to PTMC 17.76.100, Special category signs.
E. Illuminated Signs. Only indirect lighting is permitted. Additional requirements:
a. Light fixtures shall be shielded to ensure that the light source is
not directly visible off-site; and
Un~er no circumstances may si~ illumination pose a hazard tO
pedestrian or vehicular traffic safety.
(Ord. ~ § 28, 1999; Ord. 2571 § 2, 1997).
SECTION 29
Section 17.78.010, "Purpose, policy, goals and interpretation," Chapter 17.78
"PERSONAL WIRELESS SERVICE FACILITIES," of the Port Townsend Municipal Code is
hereby amended as follows:
17.78.010 Purpose, policy, goals and interpretation.
A. Purpose. This chapter is designed to provide opportunities for the community to be
served by personal wireless service facilities, consistent with the rights of personal wireless
service providers as set forth in the Federal Telecommunications Act of 1996 (Pub. L. No. ! 04
~t~,.~, !~n... ~,~,..~e*~*~ 55, ~ ~. ~36,. 110 Stat. 56: S. Rep.. No. 104-23 (1995~:. . H. Rep. No. 104-204 (1995),
codified at 47 U.S.C. 332(c)), hereinafter referred to as the "Telecommunications Act" or "the
Act", while at the same time providing for an orderly development of the city and protecting the
health, safety, and general welfare of the city's residents and property owners.
B. Policy - Preservation of the Character of City. In addition to serving the general
purposes of the Port Townsend Comprehensive Plan and zoning code, a primary objective of this
chapter is to preserve the existing visual and aesthetic character of the city and its
neighborhoods, as well as to minimize noise impacts generated by personal wireless service
facilities. Preserving the visual and aesthetic character of the city includes the protection of
viewscapes, scenic resources, state and locally registered historic buildings and structures, and
the unique rural and natural characteristics of many areas of the city. The visual and aesthetic
character of the city is particularly critical in Port Townsend since the city derives much of its
economic health due to its distinctive beauty and status as a historic Victorian seaport, federally
recognized in the National Register of Historic Places. Preserving the character of the city also
includes limiting the intrusion of noise, visual and aesthetic impacts associated with commercial
uses into residential neighborhoods.
TITLE 17 TEXT
AMENDMENTS 51
Ord.
C. Intent and Interpretation. These standards are designed to comply with the
Telecommunications Act. The provisions of this chapter shall not be interpreted to prohibit, or
to have the effect of prohibiting, telecommunications or personal wireless services, television
broadcast signals, multichannel multi-point distribution services or direct broadcast satellite
services, or to unreasonably discriminate among providers of functionally equivalent services.
D. Inconsistencies with Other City Regulations. To the extent that any provision of this
chapter directly conflicts with any other city ordinance, this chapter shall control. In all other
regards, this chapter shall be construed consistently with all other city ordinances, regulations
and functional plans.
E. Goals. The goals of this chapter shall be to:
1. Establish development regulations consistent with and implementing the Port
Townsend Comprehensive Plan, as adopted in July of 1996 or later amended;
2. Provide locations for locating personal wireless service facilities;
3. Encourage the location of personal wireless service facilities at the preferred
locations identified in this chapter;
4. Facilitate the provision of personal wireless service facilities and
infrastructure to serve city residents or others when in the city;
5. Encourage the use of appropriate and new technology so as to minimize
adverse environmental, noise, and visual impacts;
6. Encourage the location of personal wireless service facilities upon existing
structures in identified commercial, industrial, marine and public/infrastructure zoning districts
in such a manner that, whenever feasible, the personal wireless service facilities are integrated,
or appear to be integrated into the structure;
7. Establish standards for personal wireless service facilities to mitigate the
visual and noise impacts associated with those facilities;
8. Preserve the unique residential character of the city, by disallowing the
placement of personal wireless service facilities in residential zones, except for certain defined
low power licensed and unlicensed facilities which would have no appreciable impact on
residential neighborhoods;
9. Preserve the aesthetic character of the city by encouraging creative and
cooperative approaches to locating wireless communication facilities so that such facilities will
be compatible with their surroundings;
10. Where technologically feasible, encourage and facilitate co-location of
antennas, support structures and related equipment for wireless communication providers, public
service telecommunications, and emergency service telecommunications; 11. Require prompt removal of abandoned facilities; and
12. Encourage the development of personal wireless service facilities on a
competitively neutral basis; and
13. Require measurement of baseline noise and RF emissions at personal
wireless service facilities, and monitoring of new installations to demonstrate compliance with
this ordinance and FCC standards.
(Ord. § 29, 1999; Ord. 2571 § 2, 1997).
TITLE 17 TEXT
AMENDMENTS 52
Ord.~00
SECTION 30
Section 17.78.030, "Definitions," Chapter 17.78, "PERSONAL WIRELESS SERVICE
FACILITIES," of the Port Townsend Municipal Code is hereby amended as follows:
17.78.030 Definitions.
~ The words used in this chapter shall have the meaning given in
............................. , er 17.08 , ~ now or later ~ended,
The deflation of~y word or p~ase not listed in *~2: :eet~zn zr in Chapter 17.08 which is in
question when ~iniStefing this chapter shall be defined ~om one of the following sources. The
so~ces shall be utilized by finding the desired definition ~om source nmber one, but if it is not
available there, then so,ce nmber ~o may be used ~d so on. The so~ces are ~ follows:
The 1996 Telecommunications Act and the implememing FCC regulations;
Any city of Port Townsend resolution, ordinance, code, regulation or formally
adopted comprehensive plan, shoreline master plan or program or other formally
adopted land use plan;
Any statute or regulation of the state of Washington;
Legal definitions from Washington common law or a law dictionary;
The common dictionary.
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(Ord.__ § 30, 1999; Ord. 2680 § 2, 1999; Ord. 2571 § 2, 1997).
SECTION 31
Section 17.88.030, "Nonconforming lots - Consolidation," Chapter 17.88
"NONCONFORMING LOTS, STRUCTURES AND USES," of the Port Townsend Municipal
Code is hereby amended as follOWS:
17.88.020 Nonconforming lots - Consolidation.
Lots of record in existence prior to the effective date of this title and any amendments thereto
which do not meet the requirements set forth in this title are considered nonconforming lots of
record and are legally buildable subject to the following conditions:
A. Consolidation clause. Where two or more contiguous...._.~....~.~.c~-"~:-~_._.~ lots of record are
under one ownership and one or more of the lots is nonconformirLe, they are considered to be
consolidated and may not be sold or otherwise separated so as to create any resulting
nonconforming lots; ..... :'~ ~'., ......... ... * .... _..v.c ..... ~.lv~ .... ....~ .......-..~... c~^,~ c.... ,,, ........
]. ~ ~s~c~. sale o~ co,~?~cc of a ~o~co,~o~,~ lot o~ lots ~o~ thc p~os~ o~
To~s~,~:
that ~s co,fi~uous w~th ~othc~ ~]]v ~c]o~c~ lot ~ thc s~c o~TshJ~, co~o~;n~ or
nonconfo~n~.. PRO~ED that ~o~ lots were ~llv~ developed. .°d°r to April 11, 1997. ~d
PROVIDED F~THER. that before ~y such ~angfer. sale or convev~ce., the improvement~
se~ing both lots must be fo~d to be consistent with the city's en~ineefin$ desi~ star,ds, ~
may be mended,
5. ~v ~sfer. sale or convev~ee ofa nonconfoming lot that is contieuous with
~other lot ~der ~e sine ownershin, eonfomine or nonconfoming, that w~ ever held as a
sep~ate lot in sep~ate omership p~or to April 1~. 1997. PROV~ED that before ~y such
~sfer. sale or convev~ee, the imnrovments semin~ both lots must be fo~d to be consistent
with the ci~'s en~ineefin~ desi~ st~dards, as may be amended__
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g C. On-site sewerage disnosal. Under the limited circumstances where construction is
permitted without connection to the city's wastewater treatment facility (pursuant to Chapter
13.22 PTMC, SeWer Connections), all lots must be in compliance with the rules and regulations
of the Jefferson County Health Department, regarding on-site sewerage disposal to be legally
buildable. Where there is a conflict between the provisions of this section and the rules of the
Jefferson County Health Department, the more restrictive rules shall apply.
G I2). Compliance with bulk and dimensional requirements and en$ineering desi?
standards. All new structures or additions to structures on any lot must meet all setback, height
and other construction requirements for the zone in which the property is located. Additionally,
the permit applicant shall comply with all applicable engineering design standards.
t~ _. Lot line adjustments and restrictive covenants. A lot line adjustment or restrictive
covenant approved by the city shall be required prior to issuance of a building permit when a
nonconforming and conforming lot are contiguous and owned by the same person.
t3_F_. Planned unit developments encouraged. Where nonconforming lots are under one
ownership, the owner is encouraged to seek development approval taking advantage of the
flexible standards, incentives and procedures set forth in Chapter 17.32 PTMC, Planned Unit
Developments.
t~ ____. Lots created before 1937. Notwithstanding this section, for any lots created bY
platting prior to 1937 (the effective date of the State Subdivision Act, RCW 58.17), the city may
require compliance with RCW 58.17 and Title 18 PTMC prior to issuing building permits for the
development of lots in common ownership. The applicant shall comply with the requirements of
Chapter 18.18 PTMC, Subdivision and Recognition of Lots of Record.
(Ord. ~ § 31, 1999; Ord. 2571 § 2, 1997).
SECTION 32
Section 17.88.030, "Nonconforming structures," Chapter 17.88, "NONCONFORMING
LOTS, STRUCTURES AND USES," of the Port Townsend Municipal Code is hereby amended
as follows:
17.88.030 Nonconforming structures.
A structure that lawfully existed prior to the effective date of the ordinance codified this
title and does not meet the applicable bulk, dimensional and density requirements is a
nonconforming structure, and may continue even though the structure fails to conform to the
present requirements of the zoning district in which it is located. A nonconforming structure
may be maintained as follows:
A. A nonconforming structure which is damaged to an extent of one-half or more of
its replacement cost immediately prior to such damage may be restored only if made to conform
to all provisions of this title. However, any residential structure, including multifamily structure,
in a residential zoning district destroyed by a catastrophe, including fire, may be reconstructed up
to the original size, placement and density. Structural repair shall be complete within two years
after the catastrophe.
B. Necessary repairs and alterations may be made to nonconforming residential
structures, including multifamily structures, located in residential zoning districts.
C. A nonconforming building or structure may be repaired and maintained as
provided in and as limited by this section. The maintenance of such building or structure shall
include only necessary repairs and incidental alterations, which alterations, however, shall not
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extend the nonconforming of such building or structure; provided, that necessary alterations may
be made as required by other law or ordinance.
D. Changes to interior partitions or other nonstmctural improvements and repairs
may be made to nonconforming commercial, mixed use, and marine-related and manufacturing
structures; provided, that the cost of the desired improvement or repair does not exceed one-half
of the replacement cost of the nonconforming structure over any consecutive five-year period.
E. The replacement cost of a structure shall be determined by the director of the
building and community development department.
F. A building or structure, nonconforming as to
bulk. dimensional and density requirements of this title, may be added to or enlarged if such
addition or enlargement conforms to the regulations of the district in which it is located. In such
case, such addition or enlargement shall be treated as a separate building or structure in
determining conformity to all of the requirements of this title.
G. Historic Structures. Reserved.
(Ord. ~ § 32, 1999; Ord. 2571 § 2, 1997).
SECTION 33
TRANSMITTAL TO DCTED
The City Clerk shall transmit a copy of this Ordinance to the State Department of
Community, Trade and Economic Development (DCTED) within ten (10) days of adoption of
this ordinance.
SECTION 34
CODIFICATION OF AMENDMENTS
Copies of a revised Title 17, Zoning, of the Port Townsend Municipal Code, codifying
the amendments set forth in this ordinance, shall be prepared under the supervision of the City
Clerk and available for public inspection within one-hundred and twenty (120) days of the
adoption of this ordinance.
SECTION 35
EFFECTIVE DATE
This ordinance shall take effect and be in force 5 days following its publication in the
manner provided by law.
SECTION 36
SEVERABILITY
In the event any one or more of the provisions of this ordinance shall for any reason be
held to be invalid, such invalidity shall not affect or invalidate nay other provision of this
ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not
been contained therein; PROVIDED, that any provision which shall for any reason be held by
reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law.
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Ord.
Read for the first, second and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this __ day of
., 1999.
By
Forrest Rambo, Mayor
ATTEST:
Approved as to form:
Adopted:
Pamela K/olacy, Ci
/
yn~y ~ i¥ c~ Ci[~ Xttomey
,1999
Publication: i,~'~ ~oO ,1999
Effective: ~-"/~ Ch/ ~' ,1999
Transmitted to DCTED: ~'~ [-~ ,1999
Ordinance No.:
Z"7~ o
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