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HomeMy WebLinkAbout3035 Various PTMC AmendmentsOrdinance 3035 2009 PTMC Amendments Page 1 of 13 Ordinance No. 3035 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CLARIFYING THE NOISE EXEMPTION HOURS FOR WORK IN THE PUBLIC RIGHT-OF-WAY; REVISING THE DEFINITIONS OF ACCESSORY BUILDING, ALTERATION, COMMUNITY CLUBHOUSE, DRIVE-IN OR DRIVE-THROUGH FACILITIES, HOTEL AND TRANSIENT ACCOMMODATION; CREATING A NEW DEFINITION FOR HOSTEL AND ALLOWING THEIR LOCATION SIMILAR TO HOTELS; CREATING A DEFINITION FOR COTTAGE HOUSING AND FAIRGROUNDS; CREATING NEW DEFINITIONS AND LOCATION CRITERIA FOR ARTISAN CHEESEMAKING, MICRODISTILERY, MICROWINERY AND TIMESHARE; CLARIFYING COMMERCIAL USES MAY BE PERMITTED IN RESIDENTIAL DISTRICTS AS PART OF A PUD; ADDING REGULATIONS FOR SHIPPING AND TEMPORARY STORAGE CONTAINERS; CLARIFYING RESIDENTIAL BULK DIMENSIONAL AND DENSITY REQUIREMENTS FOR R-III AND MAXIMUM FENCE HEIGHT FOR RESIDENTIAL FENCES ABUTTING A PUBLIC RIGHT-OF-WAY; CLARIFYING CERTAIN RESIDENTIAL USES WITHIN THE COMMERCIAL ZONING DISTRICT ARE PERMITTED ON UPPER FLOORS ONLY; CLARIFYING NUMBER OF STORIES IN COMMERCIAL; CLARIFYING APPLICABILITY OF DESIGN REVIEW FOR EXTERIOR IMPROVEMENTS, CLARIFYING COTTAGE HOME PARKING REQUIREMENTS; CLARIFYING THE TERM "OPEN DESIGN" FOR FENCES & WALLS; CLARIFYING SCOPE OF LOT LINE ADJUSTMENTS; AMENDING THE APPROVAL CRTTERIA FOR LOT LINE ADJUSTMENTS CONSISTENT WITH THE INTENT; AND AMENDING THE REQUIREMENTS FOR MINOR CHANGES TO PHASED SUBDIVISION PROPOSALS TO IMPROVE CONSISTENCY Ordinance 3035 2009 PTMC Amendments Page 2 of 13 RECITAL: The City Council of Port Townsend fmds as follows: 1. Port Townsend is a community with a very special environment, both natural and man-made and the qualities of both must be respected so that the uniqueness of Port Townsend can flourish without inappropriate changes. 2. The Port Townsend Comprehensive Plan was adopted to provide guidance for the community on accommodating growth and redevelopment in a manner that respected the natural and built environment and enhanced the community. 3. Title 9 (Peace, Morals and Safety) of the Port Townsend Municipal Code (PTMC) was adopted to fully implement the Comprehensive Plan. 4. Title 17 (Zoning) of the PTMC was adopted to fully implement the Comprehensive Plan. 5. Title 18 (Land Division) of the PTMC was adopted to fully implement the Comprehensive Plan. 6. Certain standards and requirements in Titles 9, 17, and 18 have been identified as needing clazification. Some minor additions or deletions clarify the purpose, intent, and requirements of the PTMC and/or create greater consistency between code sections. 7. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and maps of the Comprehensive Plan and Implementing Regulations. 8. This ordinance has been developed in conformance with the requirements for land use code text revisions set forth in Section 20.04.090 PTMC. 9. Limitation on construction noise to specific times was found to be inconsistent with limitations on hours for permitted projects within city right-of--ways requiring inspections in accordance with the Engineering Design Standards Manual, requiring clazification. 10. The development of a community clubhouse must be established or located as a part of a PUD or subdivision permit review, or subsequentlyestablished with the approval of a majority of land owners, to ensure appropriate location criteria and serve public welfare. 11. Hostels, microdistilleries, microwineries, artisan cheesemaking, timeshares, and shipping containers, were found to be existing or desvable uses within the community and within the public interest but were not incorporated into the zoning district use tables. 12. Adding or making slight modifications to definitions for terms including alterations, fairgrounds, drive-in or drive-through facilities, hotel, transient accommodations, and cottage housing provides greater understanding for the community with regard to the local regulations. 13. Minor clarifications to tabular information for code regulations on residential uses provides consistency and ease of understanding. Ordinance 3035 2009 PTMC Amendments Page 3 of 13 14. Lot line adjustments for lots of record trigger duplicative and confusing procedures for review. The public welfare is better served with clarification for one procedure. Additional criteria for lot line adjustments are needed to ensure the stated purpose is promoted. 15. Limiting C-II and C-II(IT) to no more than three floors, given maximum heights combined with ground floor clear ceiling heights, produces a higher quality design outcome. 16. The Planning Commission considered the need for revisions to the requirements and standards associated Titles 9, 17, and 18. 17. On Mazch 11, 2010, after timely and effective public notice, the Planning Commission conducted an open record public hearing to accept public testimony on the proposed amendments to Titles 9, 17, and 18 PTMC. Following the close of the public hearing, the Planning Commission reviewed the record, deliberated, and by a vote of 4 in favor and 0 opposed, recommended adoption. of the proposed amendments. 18. On April 5, 2010, after timely and effective notice, the City Council conducted an open record public hearing to accept public testimony on the proposed amendments as recommended by the Planning Commission. At the close of public hearing, the Council deliberated upon the proposal. 19. The City Council finds that opportunities provided for meaningful citizen participation in this amendment process are consistent with the requirements of the GMA (36.70A RCW) and the procedures set forth in Chapter 20.04 PTMC. 20. The City Council finds that the amendments to Titles 9, 17, and 18 PTMC recommended herein have been reviewed under the State Environmental Policy Act (Chapter 43.21C RCW and chapter 197-1 I WAC) and Chapter 19.04 PTMC. On January 13, the SEPA Responsible Official issued a Determination ofNon-Significance, Adoption of Existing Environmental Documents and Notice of Availability of SEPA Addendum. No comments were received during the public review period. A Final SEPA Determination was issued on Mazch 2, 2010. 21. The City Council finds that Code amendments set forth herein are wholly consistent with the Community Direction Statement contained in Chapter III of the Plan, and the review and amendment procedures set forth in Section 20.04 PTMC. 22. All audio taped and written record of the Planning Commission and City Council's deliberations during the meeting and hearings described in the above findings are incorporated herein by this reference. 23. Consistent with the requirement of the GMA, Planning staff provided notice of intent to adopt the proposed development regulation amendments to the State Department of Commerce for review and comment prior to the adoption of this ordinance (RCW 36.70A.106). No substantive comments were received from DOC prior to the adoption of this ordinance. 24. This ordinance has been prepared in conformance with the goals and requirements of the GMA (Chapter 36.70ARCW) and is externally consistent and compatible with the 14 state-wide planning goals contained with in the GMA (RCW 36.70A.020). Ordinance 3035 2009 PTMC Amendments Page 4 of 13 25. This ordinance has also been reviewed against the requirements of the County-wide Planning Policy for Jefferson County (CWPP) and has been found by the Council to be in conformance therewith. Based upon the foregoing findings, the Council finds that adoption of the amendments to the nazrative text and tables of Titles 9, 17, and 18 will promote the public health, safety and welfare of the citizens of Port Townsend and should be approved. NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 1. Amend the exemption from noise criteria for construction activities within city rights-of--way to be limited to the hours in accordance with the Engineering Design Manual to allow for appropriate inspections. PTMC Section 9.09.040(B)1 is hereby amended, and shall read as follows: B. The following sound shall be exempt from the provisions of this chapter between the hours of • 7:00 a.m. and 7:00 p.m. on weekdays (other than holidays); and • 9:00 a.m. and 7:00 p.m. on weekends and holidays. "Holidays" are legal holidays as defined by RCW 1.16.050. 1. Sound created by construction activity or equipment, including special construction vehicles (such being any vehicle which is designed and used primarily for grading, paving, earthmoving, and other construction work), and emanating from temporary construction sites; provided, however, that a. A city construction permit, where required, shall have been issued prior to such construction, and further, the terms of rho permit may limit the hours of construction work on commercial and multifamily projects near residential districts to 7:00 a.m. and 6:00 p.m. on weekdays (other thin holidays); or b. Construction work permitted within city rights-of-waybe consistent with the hours specified in the Engineering Design Standards Manual (i.e., prohibited on weekends and holidays with limited exceptions). SECTION 2. Amend the definition for Accessory Building, Alteration, Drive-in or drive-through facility, Community Clubhouse, Fairgrounds, Hotel and for Transient Accommodations. PTMC Section 17.08.020 is hereby amended, and shall read as follows: "Accessory building" means a subordinate building attachedYo or detached from the principal building, used for purposes customarily incidental to the use of the principal building and situated on the same lot. Accessory buildings include but are not limited to an automobile storage garage, play house, laundry room, garden shelter, hobby room and mechanical room. The Director may allow, or allow with conditions, an enclosed garden shelter absent a principal building provided that the shelter does not exceed 64 square feet in size and is associated with a regulazly maintained garden. "Alterations" means: A. Generally: A change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial, manufacturing or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration; or Ordinance 3035 2009 PTMC Amendments Page 5 of 13 B. As used. in Chapter 17.30 PTMC, Historic Overlay District -Design Review: Any act or process which changes one or more of the exterior architectural features of a building or stmcture. "Drive-in or drive-through facility" means an establishment that, by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles. Unless specifically prohibited, drive-in or drive-through facilities may be permitted as an accessory use when the primary use is otherwise permitted by this title. "Community clubhouse" means a privately owned structure in which inhabitants of a PUD or subdivision or members of a property or lot owners' association gather for meetings and other activities. A community clubhouse must be located and established in a PUD or subdivision at the time of original approval or platting, or subsequently established pursuant to a PUD/Plat Amendment with the approval of the City and a majority of the PUD or subdivision property and/or lot owners. PTMC Section 17.08.030 is hereby amended, and shall read as follows: "Fairgrounds" means an area that is set aside for fairs and other major public events. Typically, fairgrounds include exhibition halls, arenas for competitions like rodeos, horse races, and animal agility trials, and open space for setting up booths and other entertainments. Campgrounds for transient use may also be included within a fairground. Fairgrounds may host a broad range of events attracting a community-wide audience (e.g., county fairs, truck competitions, exhibitions, carnivals, or circuses) to small gatherings (e.g., club meetings, educational workshops, private parties/weddings, charity events, weekend sales events). "Hotel" means any building or portion thereof containing five or more rooms which shaze a common entry to the building that are rented or hired out to be occupied for sleeping purposes for compensation. A central kitchen and dining room and accessory shops and services catering to the general public may be provided. All rooms located within a hotel shall be under common ownership. Hotel rooms cannot be owned individually. Not included are institutions housing persons under legal restraint or requiring medical attention or Gaze. A hotel is a "transient accommodation" and shall conform to the definition thereof. PTMC Section 17.08.060 is hereby amended, and shall read as follows: "Transient accommodation" means a building, structure or facility, or any part thereof, such as a bed and breakfast inn, hotel, motel, motor hotel, tourist home, or similar facility, primarily designed for and offering one or more lodging units to travelers and transient guests for periods of no more than 29 consecutive calendar days for temporary lodging and sleeping purposes; provided, that an absence for a period of less than 30 consecutive days followed by reoccupancy shall be considered part of the same consecutive period. Portions of calendar days shall be counted as full days. A transient accommodation does not include an accommodation which a person occupies or has a right to occupy as his or her domicile or permanent residence. It shall be presumed that occupancy of real property for a period of 30 consecutive days or more constitutes a rental or lease of real property for residential rather than transient accommodation purposes, which presumption may however be rebutted upon submission of satisfactory proof by a preponderance of the evidence. SECTION 3. Include definitions for Artisan Cheesemaking, Hostel, Timeshare, Microdistillery, and Microwinery and incorporate such land uses into the Commercial Zoning District and add definition for Cottage Housing. Ordinance 3035 2009 PTMC Amendments Page 6 of 13 PTMC Section 17.08.020 is hereby amended and shall read as follows: "Artisan Cheesemaking" means a combination retail, wholesale, and small-scale artisan manufacturing business that produces and serves cheese on the premises. "Cottage Housing" means an alternative type of detached housing providing small residences for households of typically one to two individuals, intended to encourage affordability, innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods. PTMC Section 17.08.030 is hereby amended, and shall read as follows: "Hostel" means abudget-oriented transient accommodation where guests share dormitory style sleeping rooms, bathrooms, lounge areas, and sometimes kitchens for short-term stays. PTMC Section 17.08.060 is hereby amended and shall read as follows: "Timeshare" means a form of ownership or right to the use of a property, or term used to describe such properties wherein multiple parties hold rights to use the property and each sharer is allotted. a period of time in which they may use the property. Timeshares may be on apart-ownership of lease/"right to use" basis, in which the sharer holds no claim to ownership of the property. PTMC Table 17.20.020 Commercial Zoning Districts Service Uses, Lodging is hereby amended as shall read as follows: DISTRICT C-I C-II C-II(fI) C-III APPLICABLE REGULATIONS/NOTES A artment hotels X X X P Same as above. Bed and breakfast inns X X X P Same as above. Hotels/motels, Hostels X P X P Same as above. Lod in houses X X X P Same as above. Tourist homes X X X P Same as above. PTMC Section 17.08.040 is hereby amended and shall read as follows: "Microdistillery" means a combination retail, wholesale and small-scale artisan manufacturing business that produces and serves alcoholic spirits and/or food on the premises. "Microwinery" means a combination retail, wholesale and small-scale artisan manufacturing business that produces and serves wine and/or food on the premises. PTMC Table 17.20.020 Commercial Zoning Districts Food Service Uses is hereby amended as shall read as follows: DISTRICT C-I C-II C- C- APPLICABLE REGULATIONS/NOTES II III Bakeries, retail P P X P PTMC 1720.030, Bulk, dimensional and density re uirements. Confectioneries and P P X P Same as above. artisan cheesemakin Drinkin X P X P Same as above. Ordinance 3035 2009 PTMC Amendments Page 7 of I3 establishments (bars, cocktail lounges, night clubs, and taverns Microbreweries, P P X P PTMC 17.20.030, Bulk, dimensional and density microdistilleries and requirements. The manufacturing component microwineries within any microbrewery, microdistillery or microwinery located within a mixed use zoning district must be subordinate and accessory to a rima retail use. Other food service P P P P PTMC 17.20.030, Bulk, dimensional and density establishments requirements. A manufacturing component may including coffee be permitted within any such use; provided, that it houses, delicatessens, is subordinate and accessory to a primary retail ice cream parlors, juice use (e.g., coffee roasting, meat curing, etc.). bars, etc. Within the C-II(H) zoning district, food service uses must be subordinate and accessory to a medical services establishment. Restaurants with drive- X P X X PTMC 17.20.030, Bulk, dimensional and density in or drive-through requirements. service Restaurants without P P X P PTMC 17.20.030, Bulk, dimensional and density drive-in or drive- requirements. throu h SECTION 4. Provide provisions for the use of shipping containers as temporary uses and clarify that commercial uses are permitted within residential districts, subject to Planned Unit Development criteria, on Table 17.16.020. PTMC Table 17.16.020 Residential Zoning Districts Temporary Uses is hereby amended and shall read as follows: DISTRICT R R II ~ APPLICABLE REGULATIONS/NOTES I TEMPORARY USES Contractor offices and model P P P P PTMC 17.16.030, Bulk, dimensional and density homes requirements; and Ch. 17.60 PTMC, Temporary Uses. Rummage or other outdoor P P P P Ch. 17.60 PTMC, Temporary Uses. sales Shipping or temporary P P P_ P Permitted as a temporary use not to exceed 14 storage containers days; provided that the director of the development services department may establish a longer timeframe in conjunction with an approved development permit or separately as a temporary use subject to PTMC 17.60 Tem r Uses. Yard or ara a sales P P P P Same as above. Ordinance 3035 2009 PTMC Amendments Page 8 of 13 COMMERCIAL USES Adult entertainment facilities X X X X Bed and breakfast inns C C C C PTMC 17.16.030, Bulk, dimensional and density r uirements. Child day care centers and C C C C See PTMC 17.52.020(B) for child care as an stand alone preschools accessory use. Child day caze centers may be permitted in any residential zone through the planned unit development (PUD) process, see Ch. 17.32 PTMC. Ch. 17.52 PTMC, Child Care Facilities; and PTMC 17.16.030, Bulk, dimensional and density re uirements. Commercial uses as part of a P P P P PTMC 17.32.080, Planned Unit Developments Planned Unit Develo ment Family home child care and in- P P P P Same as above. home reschools Home occupations P P P P Ch. 17.56 PTMC, Home Occupations; and PTMC 17.16.030, Bulk, dimensional and density re uirements. Tourist homes C C C C PTMC 17.16.030, Bulk, dimensional and density re uirements. SECTION 5. Clarify residential bulk dimensional and density requirements. PTMC Table 17.16.030, Residential Zoning Districts -Bulk Dimensional and Density Requirements for Minimum Average Housing Density, Minimum Lot Size, and Maximum Fence Height, and Footnote (1) is hereby amended and shall read as follows: DISTRICT R-I R-II R-III R-IV _ _ 10 units where a 15 units parcel andlor MINIMUM contiguous parcels AVERAGE under single HOUSING ownership are DENSITY (units 12,000 square feet per 40,000 square in size or greater; foot area) min. average density=l unit/4,000sf 10,000 sf =single- 5,000 sf =single- 3,000 sf =single- _ family detached family detached family detached; 5,000 sf = single- family attached MINIMUM LOT (duplex); 7,500 sf SIZE =single-family attached (triplex); and 10,000 sf = single-family attached (four lex) and Ordinance 3035 2009 PTMC Amendments Page 9 of 13 12,SOOs~ multifamily«1 Front = 4' Front = 4'; Front = 4'; Front = 4'; Side = 8'; side Side = 8'; side Side = 8'; side Side = 8'; side abutting a public r-o-w abutting a public r-o- abutting a public abutting a MAXIMUM - 4'; w = 4'; r-o-w = 4'; ' public r-o-w = ' FENCE HEIGHT* Rear = 8'; rear Reaz = 8', reaz Rear = 8 _, rear 4 ; abutting a public r-o-w abutting a public r-o- abutting a public Rear = 8', = 4' w = 4' r-o-w = 4' reaz abutting a public r-o-w = 4' Footnote (1) (0 Inorder to achieve the minimum density, a subdivision of parcels 12,000 squaze feet or greater shall not allow individual lots larger than 4,000 square feet unless it can be assured that the minimum density will be achieved. *Note: Maximum fence heights apply within any required front, side, or rear setback azea or along the edge of any required Yazd; refer to Chapter 17_68 PTMC, Fences, Walls, Arbors and Hedges, for specific requirements. SECTION 6. Clarify certain residential uses within the commercial zoning district are permitted on upper floors only. PTMC Table 17.20.020 Commercial Zoning District Residential Uses is hereby amended and shall read as follows: DISTRICT C-I C-II II I APPLICABLE REGULATIONS/NOTES I I RESIDENTIAL USES Apartment houses X P X P PTMC 17.20.030, Bulk, density and dimensional requirements; and Chapter 17;36 PTMC, Multifamily Development Standazds and ermitted on u er floors onl . Boazding houses (six X P X P Same as above. or fewer roomers) and lodging and rooming houses (seven or more roomers Homeless shelters X C C C PTMC 17.20.030, Bulk, dimensional and density requirements. The director may authorize a waiver of the basic ermit fee. Mulfifamily dwellings X P X P PTMC 17.20.030, Bulk, density and dimensional requirements; and Chapter 17;36 PTMC, Multifamily Development Standards and ermitted on u er floors onl . Owner/o rator P P P P PTMC 17.20.030 Bulk, dimensional and densi Ordinance 3035 2009 PTMC Amendments Page 10 of I3 residences requirements; such uses shall only be allowed if clearly subordinate and accessory to a primary commercial use and permitted on upper floors onl . Residential treatment X X P X PTMC 17.20.030, Bulk, dimensional and density facilities re uvements. SECTION 7, Provide clarification to height standards within the commercial zoning district by clarifying the maximum number of stories for structures to Table 17.20.030, Commercial Zoning Districts -Bulk, Dimensional and Density Requirements. PTMC Table 17.20.030 is hereby amended to include the following additional standazds: DISTRICT C-I C-II C-II C-III 35 feet and as 40 feet if more than 40 feet if more than 50 feet and limited to MAXIMUM specified by PTMC 2 stories but limited 2 stories but limited no more than 4 stories BUILDING 17.46.080 to no more than 3 to no more than 3 or as specified by Ch. stories and as stories and as 17.28 PTMC HEIGHT specified by PTMC specified by PTMC 17.46.080 17.46.0 0 SECTION 8. Ensure application of design review for exterior modifications (e.g., mechanical and lighting improvements) to new and existing commercial, mixed-use, multi-family and cottage housing developments and to existing structures in the historic district. PTMC Section 17.30.020B Specific Applicability is hereby amended to read as follows: B. Specific Applicability. The requirements of this chapter shall apply to any development or municipal improvement that: 1. Involves partial or complete demolition (as defined in PTMC 17.30.085(A)), changing, altering, modifying, remodeling, relocating, removing or significantly affecting a property listed on the Port Townsend register of historic places that lies outside the historic overlay district; 2. Involves partial or complete demolition (as defined in PTMC 17.30.085(A)), any exterior changes, alterations, modifications, remodeling, relocating, or removal of exterior features that would significantly affect any building or structure located within the C-II, C-III, M-II(B), P/OS, PIOS(B), and P-I zoning districts of the historic overlay district. Exterior changes includes the application of exterior paint or the installation of exterior electrical or mechanical system elements (including but not limited to pole mounted or other light fixtures), subject to any administrative review provisions of the Port Townsend historic preservation standazds manual, as described in PTMC 17.30.160; 3. Is located within the R-II zoning disiricts of the historic overlay district and which also requires issuance of a conditional use permit under this title; 4. Involves the erection of any new sign, or the removal or substantial alteration of any existing sign, within the waterfront or uptown subdistricts lying within the boundaries of Ordinance 3035 2009 PTMC Amendments Paged ofi3 the historic overlay district, subject to any administrative review provisions of the Port Townsend historic preservation standards manual, as described in PTMC 17.30.160. PTMC Section 17.46.030 Applicability is hereby amended to read as follows: All projects in the C-I, C-II, C-II(H), CI/MU, and C-IUMU zones, cottage housing developments, as well as multifamily projects in any zone regazdless of their location or form of ownership that involve one of the following are subject to the design review process contained within this chapter: A. Track 1 -Administrative Review Pursuant to PTMC 17.46.060. 1. Commercial and Mixed Use Projects. a. New buildings, canopies or other structures that exceed 1,000 square feet in size; or b. Buildings, canopies, or other structures, the expansions of which either: i. Exceed 1,000 square feet in size; or ii. Comprise a ground floor expansion exceeding 50 percent of an existing building's ground floor square footage; or c. Substantial alterations of existing structures, where the existing structure exceeds 1,000 square feet; d. Alterations to exterior facades of buildings, (including but not limited to new or altered exterior electrical or mechanical systems such as pole mounted or other light fixtures) excepting that ordinazy (i.e., nonemergency) maintenance and repair activities may be granted a waiver of design review by the director. All work, even that qualifying for a waiver from the review process, must be conducted in accordance with applicable code requirements, including architectural design standards of Chapter 17.44. 2. Multifamily projects a. Including construction of apartments, townhouses, row houses or other forms of multifamily housing containing five to 19 units; or b. Alterations to the exterior facades of buildings, (including but not limited to new or altered exteriorelectrical or mechanical systems such as pole mounted or other light fixtures) excepting that ordinary (i.e., nonemergency) maintenance and repair activities may be granted a waiver of design review by the director. All work, even that qualifying for a waiver from the review process, must be conducted in accordance with applicable code requirements, including architectural design standards of Chapter 17.36. 3. Cottage housing developments a. Located in the R-I, R-II, or R-III zoning districts where a departure has not been requested per PTMC 17.46.080; or b. Alterations to the exterior facades of buildings which aze visible from adjacent properties or rights-of--way, including but not limited to new or altered exterior electrical or mechanical systems such as pole mounted or other light fixtures) excepting that ordinary (i.e., nonemergency) maintenance and repair activities may be granted a waiver of design review by the director. All work, even that qualifying for a waiver from the Ordinance 3035 2009 PTMC Amendments Page 12 of 13 review process, must be conducted in accordance with applicable code requirements, including architectural design standards of Chapter 17.34. SECTION 9. Clarify pazking requirements for Cottage homes, as a residential use to be consistent with other applicable code sections. PTMC Table 17.72.080, Vehiculaz and Bicycle Parking Standards, Residential Uses, is hereby amended and shall read as follows: Use Minimum Required Maximum Permissible Required Bicycle Spaces (minimum of twa spaces Parking Spaces Parking Spaces if not listed RESIDENTIAL USES Cotta e homes See PTMC 17.34.180 None None SECTION 10. Clarify vaziations from the general requirements for fences, walls, arbors and hedges to provide greater definition of the term "predominantly open". PTMC Section 17.68.030.0.2 is hereby amended and shall read as follows: 2. Any portion of the structure above four feet shall be predominately open (i.e., greater than 50% open when viewed perpendicular to the front property line), such that there is free circulation of air and passage of light. SECTION 11. Clarify the scope of lot line adjustments to include two or more lots. PTMC Section 18.08.020, Scope, is hereby amended and shall read as follows: The lot lines separating two or more lots of record may only be adjusted under the provisions of this chapter, except as provided under RCW 58.17.040, as now adopted or hereafter amended. SECTION 12. Amend the approval criteria for lot line adjustments to be consistent with the purpose for such procedures. PTMC Section 18.08.040 is hereby amended and shall include the following additional approval criteria: [. Involve an adjustment of lot lines that the Development Services Director judges to be solely for the purpose of avoiding frontage improvements or an obligation to pay latecomer fees. J. Resulting lot shapes from a lot line adjustment shall be designed generally to be at right angles to the abutting street and shall avoid awkward configurations or appendages, except where the express purpose of the adjustment is to correct a legitimate boundary line encroachment. SECTION 13. Amend the requirements for changes made to subdivision proposals with phased development to be consistent with other applicable requirements. PTMC Section 18.16.080 is hereby amended and shall read as follows: Where subdivision development is proposed in distinct phases, preliminary plat approval must be granted for the entire subdivision. The plat map must delineate the separate divisions or phases which are to be developed in increments. The preliminary plat approval is conditional upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval is granted for each separate phase of the preliminary plat. Any changes in the development Ordinance 3035 2009 PTMC Amendments Page 13 of ]3 proposal or sequence of phased development after preliminary approval will requve approval in accordance with PTMC 1.8.16.070 unless the director finds that the changes qualify as a minor modification under PTMC 18.16.090. (Ord. 2572 § 2, 1997). SECTION 14. Severabiliri. If any sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shalt not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. SECTION 15. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this twenty-first day of June 2010. Michelle Sandoval, Mayor Attest: T~j Pamela Kolacy, MMC ~~ City Clerk Approved as to Form: John .Watts City Attorney Minor Housekeeping Changes to Ordinances 3026, 3034, 3035, 3037, 3038 and 3039 (Adopted by Counci109/07/10) LIST OF REVISIONS Minor Housekeeping Revisions to Recently Adopted Ordinances 3026 - Administrative Procedures (July 19, 2010), 3034 -Height Overlay (March 1, 2010), 3035 -Zoning Code Amendments (June 21, 2010), 3037 -Historic Preservation Code (Ch. 17.30 PTMC) (Jaly 19, 2010), 3038 -Bulk and Scale (July 19, 2010), and 3039 -Building Code (June 7, 2010) (1) Ordinance 3026 -Administrative Procedures (July 19, 2010) (a) PTMC 1.14.020(C) on code enforcement and 20.02.010 on code interpretations contain cross-references to Title 15 (Fire), which has been repealed when the fire code and building code were consolidated into Title 16. The edits delete the references to Title 15. (b) PTMC 2.14.050(C) on hearing examiner duties contains across-reference to PTMC 8.04.272 on dangerous dogs. That section has been repealed. The edit is to change PTMC 8.04.272 to "Chapter 8.04 PTMC, Article V" where hearings and appeals are discussed. (c) Ordinance 3026 renumbers PTMC 20.01.310 as 20.01.295. The edit is to update the relevant cross-references in PTMC 20.01.235(E)(3), 20.01.260 and 20.02.050. (d) PTMC 17.46.030 (Cottage Housing) was amended by Ordinances 3026 and 3035. Minor inconsistencies resulted. The inconsistencies are resolved by the edits to PTMC 17.46.030 set forth at the end of this List under "Ordinance 3035 and 3026 Reconciled." (e) PTMC 20.01.100(C) on requirement for permit applications begins, "In addition to the requirements set forth in subsection A of this section...." Subsection A is an introductory section, and the substantive requirements are set forth in subsection B. The edit is to change "subsection A of this section" to read "subsection B of this section." (f) PTMC 20.01.100(C)(1) on permit applications and 20.02.010 on code interpretations contain references building code requirements adopted by PTMC 16.04.010. In these two sections, the edit is to change the cross-references from "16.04.010" to "16.04.020," since the building codes are adopted in PTMC 16.04.020. (g) PTMC 19.05.050(H) changed an existing reference from "assessor" to "auditor" (to accurately state where documents are recorded). In making the change, the text, in adding "auditor," inadvertently did not strike out "assessor" The edit is to delete "assessor," and leave in "auditor." (2) Ordinance 3034 - 3034 -Height Overlay (March 1, 2010) Minor Housekeeping Changes to Ordinances 3026, 3034, 3035, 3037, 3038 and 3039 (Adopted by Council 09/07/10) The ordinance adds a Footnote (2) to the table in PTMC 17.28.030. The footnote reads, in part, "...(and even though PTMC 17.28.040 provides that "in the event of a conflict between the provision of the special height overlay district and the provision of the underlying zone, the more restrictive height limit shall apply")." The quoted text is not an exact quote of PTMC 17.28.040. The edit is to delete the quotation marks. (3) Ordinance 3035-Zoning Code Amendments (June 21, 2010) Section 11 of the ordinance amended PTMC 18.08.020 to read: "The lot lines separating two or more lots of record may only be adjusted under the provisions of this chapter, except as provided under RCW 58.17.040, as now adopted or hereafter amended." Only the first sentence of the section (the one being amended) was set out in the ordinance. The question is whether the ordinance intended to repeal the balance of the section. It did not (since the change in the ordinance was only adding the "or more" to the first sentence). The edit is clarify the section reads in its entirety, "The lot lines separating two or more lots of record may only be adjusted under the provisions of this chapter, except as provided under RCW 58.17.040, as now adopted or hereafter amended. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision requirements set forth in this title; provided, that all requirements set forth in this chapter are met, lot line adjustments proposing lot reorientations shall be deemed to be minor in nature." (4) Ordinance 3037 -Historic Preservation Code (Ch. 17.30 PTMC) (July 19, 2010) (a) PTMC 17.30.100. The introductory paragraph of this section reads, "This section applies to completed applications for a certificate of approval, except it does not apply to completed applications for a certificate of approval [for] alterations or changes to secondary residential structures, which do not require HPC review and recommendation." The edit is to add the word "for" shown in the [...]. (b) PTMC 17.30.158(A)(3). In the ordinance, this subsection contains subsections (a), (b) and (c). Given that subsection (a) functions as an introduction to (b) and (c), the edit is to combine subsection (a) with the subsection header and to re-letter (b) and (c) as (a) and (b). The subsection now reads: " 3. Accessory Structures. Accessory structures such as garages, ADUs or other similar structures shall be located to the rear or side of the subject property consistent with the following requirements: a. Proposed accessory structures shall be set back a minimum of 10 feet Minor Housekeeping Changes to Ordinances 3026, 3034, 3035, 3037, 3038 and 3039 (Adopted by Council 09/07/10) from the building line of the principal historic facade(s). b. In the case of historic residences that are located on corner lots that have two principal historic facades, accessory structures shall be permitted on the side containing a principal historic facade; provided, that their proposed location minimizes view blockage of the historic facade from the adjacent public right-of-way." (c) PTMC 17.30.159(6) contains atypo - it refers to a table at "Table 17.60.030" (a non-existent table and reference). The edit is to change this to the correct reference, namely, "Table 17.16.030." (d) PTMC 17.30.320(A) reads, "A. General Requirements. Prior to the partial or complete demolition (as defined in PTMC 17.30.310) of a building or structure regulated under this chapter, the applicant must obtain a certificate of approval for [both] the proposed demolition." This subsection was previously codified as PTMC 17.30.060(A), the end of which read, "...the applicant must obtain a certificate of approval for both the proposed demolition and any proposed replacement development." The edit is to omit the word "both." Later sections provide the requirement for design review for a replacement building only applies to the demolition of a commercial building (if demolition is allowed for stated criteria) and not to residential buildings. (c) Chapter 17.30 PTMC, Article III, Demolition Standards. Several of the sections in this article contain references to "this section," which date back to when several of these sections were codified together as PTMC 17.30.085. The edit is to change the references so that they now read "this article." Edits are at PTMC 17.30.340, 17.30.350, and 17.30.360(4) and (5). (d) PTMC 17.30.400(C) reads, in part, "In the event the director determines a structure [is experiencing demolition by neglect is occurring], the director is authorized to give notice to the owner and/or person in charge of the specific instances of failure to maintain or repair, in accordance with the procedures in Chapter 1.20 PTMC, Code Administration and Enforcement." The edit is to remove "is occurring" as extraneous language in the bracketed text. (e) PTMC 17.30.400(C) reads, in part, "Except in cases of life-safety or emergency, or in cases where the owner has ignored or failed to [copy] with past notices, the director shall seek voluntary compliance and provide at least 60 days for voluntary correction to occur or for a plan proposed by the owner with time frames for correction to be approved by the director." The edit is to change the bracketed word to "comply" to reflect the obvious intent. (f) At PTMC 17.30.155(A)(2), the beginning of the second sentence of this subsection reads, "Redevelopment and/or additions of to existing buildings..." Minor Housekeeping Changes to Ordinances 3026, 3034, 3035, 3037, 3038 and 3039 (Adopted by Counci109f07/10) The edit is to delete the word "of." (The word "of" does not belong after "redevelopment" because redevelopment is not limited to redevelopment of buildings, but can also include site redevelopment.) (5) Ordinance 3038 -Bulk and Scale (July 19, 2010) Table 17.16.030 is amended by Ordinances 3035 (June 21, 2010) and 3038 (July 19, 2010). In amending the Table, Ordinance 3038 did not refer to amendments made by Ordinance 3035 (which could allow a statutory interpretation argument that Ordinance 3038 impliedly repeated the amendments in Ordinance 3035). The edit is to retain all the Ordinance 3035's amendments ("MINIMUM AVERAGE HOUSING DENSITY -units per 40,000 square foot area row, the "MINIMUM LOT SIZE" row, the "MAXIMUM FENCE HEIGHT"" row, and Footnote (1), and then follow Ordinance 3038. (S) Ordinance 3039 -Building Code (June 7, 2010) (a) Ordinance 3039 adopted the 2009 International 3uilding Code in Exhibit A to the Ordinance. The Ordinance mistakenly also referred to a nonexistent Exhibit B. The edit is to remove the reference to Exhibit B in Ordinance 3039. (b) Ordinance 3039 (at PTMC 16.04.100) inadvertently cited to a section that had been repealed and then amended by Ordinance 2952 (March 31, 2008). The edit is to remove the incorrect citation (which reads: "Any person who violates any provision of this Chapter shall be subject to the penalties and enforcement provisions of Chapter 20.10 PTMC.") and replace it with the amended text adopted in Ordinance 2952, which reads as follows: "A. Director's Authority. Whenever the DSD director or his or her designee ("director") determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are made subject to the provisions of Chapter 1.20 PTMC, including but not limited to abatement, criminal penalty, and civil penalty, which are incorporated by reference as if set forth herein." (7) Other Item. PTMC 9.09.060 (part of the Noise Code) is not amended by this batch of ordinances, but it appears on one of the pages that is amended. The section contains two incorrect cross-references to "Chapter 9.11 PTMC, Voluntary Resolution Procedures." That edit is to change the incorrect reference to "Chapter 2.82 PTMC Dispute Resolution Program." Minor Housekeeping Changes to Ordinances 3026, 3034, 3035, 3037, 3038 and 3039 (Adopted by Council 09/07/10) "Ordinance 3035 and 3026 Reconciled." 17.46.030 Applicability and Permit Review Process: Standards Unless otherwise subiect to historic design review process in PTMC 17.30 (Historic Preservation), aAl{ projects in the C-{, C-II, C-II(H), CI/MU, and C-11lMU zones, cottage housing developments, as well as multifamily projects in any zone regardless of their location or form of ownership ~~^F'^~•^'~•° ^^° ^"~°'^"^~~•~^^ ^~^ shall be subject to the design review process contained within this chapter and processed in below: A. Tvpe IATrasIF~-Administrative Review Pursuant to PTMC 17.46.060. 1. Commercia{ and Mixed Use Projects. a. New buildings, canopies or other structures that exceed 1,000 square feet and are less than 4,000 square feet in size or no more than two stories above Grade; or b. Buildings, canopies, or other structures, the expansions of which either: i. Exceed 1,000 square feet in size and are less than 4,000 square feet; or ii. Comprise a ground floor expansion exceeding 50 percent of an existing building's ground floor square footage; or c. Substantial alterations of existing structures, where the existing structure exceeds 1,000 square feet and are less than 4.000 square feet; d. Alterations to exterior facades of buildings that require a building permit, (including but not limited to new or altered exterior electrical or mechanical systems such as pole mounted or other light fixtures) excepting that not including ordinary (i.e., nonemergency) maintenance and repair activities may be granted; provided, (i) that a waiver of design review has first been obtained from by the director. All work, even that qualifying for a waiver from the review process, must be conducted in accordance with and (ii) all applicable code requirements are met, including architectural design standards of Chapter 17.44 criteria for buildings subject to review under this chapter. 2. Multifamily projects a. Including construction of apartments, townhouses, row houses or other forms of multifamily housing containing five to nine aS-units; or Minor Housekeeping Changes to Ordinances 3026, 3034, 3035, 3037, 3038 and 3039 (Adopted by Council 09/07/10) b. Alterations to the exterior facades of buildings, (including but not limited to new or altered exterior electrical or mechanical systems such as pole mounted or other light fixtures) excepting that ordinary (i.e., nonemergency) maintenance and repair activities may be granted a waiver of design review by the director. All work, even that qualifying for a waiver from the review process, must be conducted in accordance with applicable code requirements, including architectural design standards of Chapter 17.36. 3. Cottage housing developments Alterations to the exterior facades of buildings which are visible from adjacent properties or rights-of-way, including but not ;imited to new or altered exterior electrical or mechanical systems such as pole mounted or other light fixtures) excepting that ordinary (i.e., nonemergency) maintenance and repair activities may be granted a waiver of design review by the director, All work, even that qualifying for a waiver from the review process, must be conducted in accordance with applicable code requirements, including architectural design standards of Chapter 17.34. From this point on -the revisions in 3026 are followed