HomeMy WebLinkAbout2571 Zoning Regulations
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Ordinance No. 2571
CITY OF PORT TOWNSEND, WASHINGTON
AN ORDINANCE ADOPTING ZONING REGULATIONS FOR THE CITY OF
PORT TOWNSEND PURSUANT TO THE GROWTH MANAGEMENT ACT,
CHAPTER 36.70A RCW, AND THE REGULATORY REFORM ACT, CHAPTER
36.70R RCW, TO IMPLEMENT THE PORT TOWNSEND COMPREHENSIVE
PLAN; REPEALING AND REPLACING TITLE 17 PTMC WITH A NEW TITLE
17 PTMC IN ACCORDANCE WITH THIS ORDINANCE; ADOPTING AN
OFFICIAL ZONING MAP WHICH IS CONSISTENT WITH THE
COMPREHENSIVE PLAN AND THE COMPREHENSIVE PLAN LAND USE
MAP; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Townsend adopted its Comprehensive Plan in
accordance with the Washington State Growth Management Act (GMA) on July 15, 1996,
Ordinance No. 2539. All findings, recitals and other provisions of Ordinance No. 2539, and
all provisions of the Comprehensive Plan are incorporated herein by this reference; and
WHEREAS, the Port Townsend Comprehensive Plan contains goals, policies,
implementing strategies and a land use map intended to establish the character, quality and
pattern of the future physical development of Port Townsend. The Plan specifies the amount
and location of land for various land uses, and the density and intensity of development
allowed. Important direction provided by the Plan, which is implemented through Title 17
PTMC, the Port Townsend Zoning Code, includes:
1. The designation of five new "mixed use centers" intended to serve as
focal points for new or emerging neighborhoods and to help promote pedestrian
friendly areas with small-scale neighborhood shopping and services (i. e., the new C-
I/MU and C-II/MU designations);
2. The designation of significant additional land for commercial and
manufacturing development, in order to help provide the retail, service, and
employment opportunities needed by the community (i. e., including the new C-I/MU,
C-II/MU, C-II(H), M/C, M-II(A), and M-II(B) designations);
3. The designation of significant additional land for moderate and higher
density multi-family development in order to encourage more diverse and affordable
housing types (i.e., the new R-III and R-IV designations);
4. A policy which directs that manufactured (i.e., HUD Code) homes be
allowed in all single-family residential districts outside the National Register Historic
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District, provided that such homes meet the standards of the State Energy Code, or its
equivalent;
5. A policy which directs that duplexes, triplexes, and fourplexes be
allowed in all single-family residential districts (i.e.. R-I and R-II designations)
consistent with the underlying density requirements of such districts;
6. Policies intended to promote the creation of a city-wide system of
interconnected open spaces and trails;
7. Policies intended to provide more opportunities and support for
pedestrians, bicyclists, and transit riders, while at the same time allowing the
construction of narrower streets to provide newer neighborhoods with a continuity
found in older sections of the city;
8. A Capital Facilities and Utilities Element which establishes level of
service standards and concurrency requirements, lists capital improvements, details
construction and funding schedules for capital projects over the next six years, and
provides a clear policy framework for providing adequate urban public facilities and
services to address current needs and new growth and development; and
9. An optional Economic Development Element which includes a strategy
which seeks to maximize Port Townsend's potential for future economic growth in a
manner consistent with community and environmental values; and
WHEREAS, in Eldridge, ft. al vs. City of POri Townsend, WWGMHB No. 96-0029,
petitioners appealed the City's Comprehensive Plan to the Western Washington Growth
Management Hearings Board, alleging that the City's Plan failed to comply with the GMA.
However, after a full hearing on the merits, the Hearings Board held that the City's
Comprehensive Plan far exceeds mandatory GMA requirements; involved exemplary public
process; provides significant benefit for the Port Townsend community; provides a thorough
and complete capital facilities analysis tied to land use planning which ensures the adequacy of
capital facilities to serve growth and to promote Port Townsend's future economic
development; and serves "as a model" for other cities. The Hearings Board held that the City
has "complied with the GMA in all respects challenged by the petitioner." With this
Ordinance, the City Council implements the City's Comprehensive Plan through the adoption
of development regulations which are ful1y consistent with the GMA and the Comprehensive
Plan; and
WHEREAS, the Washington State Legislature passed Engrossed Substitute House Bill
1724 (the Regulatory Reform Act, codified at Chapter 36.70B RCW) in the 54th legislative
session, requiring the City to reform the local land use regulatory process. The City has
complied with the Regulatory Reform Act through adoption of Chapter 20.01 PTMC, enacting
a uniform land use permit application and administration process providing greater
predictability for applicants, expanded public notification, and expediting permit review. This
Ordinance further implements the Regulatory Reform Act by consolidating land use permit
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application review with other permit review procedures in accordance with Chapter 20.01
PTMC; and
WHEREAS, to implement the Comprehensive Plan, the GMA and the Regulatory
Reform Act, it is necessary through this Ordinance for the City to repeal its prior zoning
regulations and adopt new zoning regulations. A new Title 17 PTMC, the "Port Townsend
Zoning Code," ("the Zoning Code"), attached hereto as EXHIBIT A and incorporated herein
by this reference, is intended to supersede and replace the previous Zoning Code, Title 17
PTMC, adopted pursuant to City Ordinance No. 1625 (1971) as amended; and
WHEREAS, the Zoning Code, Chapter 17.08, contains definitions of uses and terms
which guide the administration and interpretation of the Code; and
WHEREAS, the Zoning Code, Chapter 17.12, provides for the establishment of all
zoning districts within the City. It is the general intent of this Chapter and Title 17 in general
to stabilize and protect the uses permitted within the various zoning districts by excluding
mutually interfering uses, and to allow a maximum degree of latitude within Title 17 PTMC to
promote residential harmony, conduct profitable business, and contribute to the economy of
the community. Chapter 17.12 further adopts the City's Official Zoning Map as part of the
Zoning Code; and
WHEREAS, the Zoning Code, Chapter 17.16 describes and provides for all land uses
and bulk, dimensional and density requirements within all residential districts; and
WHEREAS, the Zoning Code, Chapter 17. 18 describes and provides for all land uses
and bulk, dimensional and density requirements within all mixed use districts; and
WHEREAS, the Zoning Code, Chapter 17.20 describes and provides for all land uses
and bulk, dimensional and density requirements within all commercial districts; and
WHEREAS, the Zoning Code, Chapter 17.22 describes and provides for all land uses
and bulk, dimensional and density requirements within all marine-related and manufacturing
districts; and
WHEREAS, the Zoning Code, Chapter 17.24 describes and provides for all land uses
and bulk, dimensional and density requirements within all public, park and open space
districts; and
WHEREAS, the Zoning Code, Chapters 17.26 through 17.30 describe and provide
for overlay districts, including special height overly and waterfront design guideline overlay
districts. The Code continues these provisions from the previous code without substantive
amendment; and
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WHEREAS, the Zoning Code, Chapter 17.32, implements the Comprehensive Plan
by creating incentives, including bonus densities, for land development applicants developing
property within all residential and mixed use zoning districts to seek opportunities for the
creative design of lots and transportation improvements, and for affordable development and
the affordable provision of public services and facilities through Planned Unit Developments.
Chapter 17.32 provides for the conferral of public benefits as a condition of approval of
flexible site design and bonus densities through the PUD process; and
WHEREAS, the Zoning Code, Chapter 17.36 describes and provides for design
standards and design review of multi-family construction projects proposed within the R-III
and R-IV districts, allowing expeditious administrative permit review under standards which
are intended to balance goals of housing affordability and individualized project design with
potential adverse environmental, aesthetic, transportation and other impacts of potentially
large, densely inhabited residential structures upon residential neighborhoods; and
WHEREAS, the Zoning Code, Chapter 17.40 reserves for future code revisions
design standards and design review of mixed use projects proposed within the C-I/MU and C-
II/MU districts, intended to balance goals of housing affordability and individualized project
design with potential adverse environmental, aesthetic, transportation and other impacts of
potentially large, densely inhabited mixed residential and commercial structures upon adjacent
residential neighborhoods; and
WHEREAS, the Zoning Code, Chapter 17.52 describes and provides standards for
day care facilities. The Code continues these provisions from the previous code without
substantive amendment; and
WHEREAS, the Zoning Code, Chapter 17.56 describes and provides standards for
home occupations. The Code continues these provisions from the previous code without
substantive amendment; and
WHEREAS, the Zoning Code, Chapter 17.60 describes and provides for the
permitting and regulation of temporary uses in all zoning districts, establishing a clear
application review process pursuant to uniform standards; and
WHEREAS, the Zoning Code, Chapter 17.68 describes and provides standards for
fences, walls, arbors and hedges. The Code continues these provisions from the previous code
without substantive amendment; and
WHEREAS, the Zoning Code, Chapter 17.72 describes and provides standards for
off-street parking and loading requirements. The Code continues these provisions from the
previous code without substantive amendment; and
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WHEREAS, the Zoning Code, Chapter 17.76 describes and provides standards for the
regulation of signs in all zoning districts. The Code continues these provisions from the
previous code without substantive amendment; and
WHEREAS, the Zoning Code, Chapter 17.78 reserves the regulation of wireless
telecommunication facilities for future adoption and code amendment. While the City code
addresses issues associated with the permitting of antennae, satellite dishes and
telecommunication facilities in all zoning districts, the City Council intends to more
specifically address issues pertaining to the suitability of these uses and the mitigation of
adverse impacts regarding these uses through a future code revision. The City Attorney's
Office has been directed to research and develop this Chapter as soon as practicable; and
WHEREAS, the Zoning Code, Chapter 17.80 describes and provides design standards
and procedures within the National Register Historic District. The Code continues these
provisions from the previous code without substantive amendment; and
WHEREAS, the Zoning Code, Chapter 17.84 describes and provides for the
regulation and permitting of uses described as "conditional" in all zoning districts. This
Chapter establishes permit application procedures and standards intended to ensure that
conditional uses may be permitted so long as they are compatible with the requirements of the
City's land use and environmental regulations and are compatible with the surrounding land
uses and structures; and
WHEREAS, the Zoning Code, Chapter 17.86 describes and provides for regulation
and permitting of variances from Zoning Code requirements. This Chapter is intended to
allow property owners to vary from the requirements of Title 17 in the rare circumstances
where, due to unique site attributes and conditions beyond the land owner's control, Title 17
may prohibit the reasonable use and enjoyment of properties; and
WHEREAS, the Zoning Code, Chapter 17.88 describes and provides for the
regulation of nonconforming lots, buildings and uses. Through the adoption of Title 17
PTMC, certain lots, buildings and uses will be rendered "nonconforming" with the provisions
of the Zoning Code. Chapter 17.88 provides for the "grandfathering" of nonconforming lots,
structures and uses under certain circumstances, and for the orderly, fair and reasonable
transition of lots, buildings and uses to conformance with Title 17, in order to ensure the
implementation of the Comprehensive Plan and the Zoning Code throughout the City. In view
of Port Townsend's nationally-recognized historic heritage and the many historic structures in
Port Townsend, Chapter 17.88 allows substantial flexibility for the continuation of historic
structures and historic land uses to ensure that implementation of the Zoning Code will not
impede the essential need to protect and enhance Port Townsend's historic heritage; and
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WHEREAS, Chapter IV, Land Use Element, of the 1996 Port Townsend
Comprehensive Plan requires the adoption of an R-I Low Density Residential Single Family
district (4 dwelling units per acre) within drainage basins 4a and 4b in the northwestern portion
of the City, because of public safety and environmental concerns related to stormwater control
and potential flooding problems. The R-I downzone is implemented through the adoption of
the Zoning Code, Title 17 PTMC. The R-I designation will render "nonconforming" those lots
platted in this portion of the City prior to the adoption of the Comprehensive Plan and prior to
the adoption of the Zoning Code, Title 17 PTMC. Further, in other zoning districts, some lots
platted prior to the adoption of the Zoning Code will be of substandard size to meet minimum
lot requirements and will thereby be rendered "nonconforming" with Title 17 PTMC. Chapter
17.88 requires that such lots which are in common ownership be consolidated to meet
minimum lot size and density requirements; and
WHEREAS, the R-I designation adopted pursuant to the 1996 Comprehensive Plan is
further designed to accommodate single family development which maintains and promotes the
"small town" character of Port Townsend while ensuring that environmental quality and public
safety needs are not adversely impacted. The Comprehensive Plan, pages IV-20 through IV-
24 provides further policy direction for stormwater control and residential land use; and
WHEREAS, the construction upon, and the development of lots which are rendered
"nonconforming" by the enactment of minimum lot size and density standards contained within
the Zoning Code, Title 17 PTMC, and are inconsistent with the Land Division Ordinance,
Title 18 PTMC, and which may also be inconsistent with Chapter 43.21C RCW (SEPA),
Chapter 58.17 RCW (Subdivision Act), Chapter 36.70A RCW (GMA), and the 1996 Port
Townsend Comprehensive Plan, undermines the important public purposes of Washington law
and the Port Townsend Zoning Code, including but not limited to the installation of necessary
public facilities, and the protection of public safety and environmental quality, and is contrary
to the public interest as set forth in the Port Townsend Comprehensive Plan; and
WHEREAS, the Zoning Code, Chapter 17.90 describes and provides rules of
construction and interpretation to facilitate the fair, predictable and uniform administration of
the Code; and
WHEREAS, the Zoning Code, Chapter 17.94 describes and provides for the
administration and enforcement of Title 17 to ensure that the Code is fully implemented in a
fair, predictable and uniform manner, with due protection provided for the constitutional rights
of property owners, including but not limited to procedural due process rights, and ensuring
neighborhoods and property owners that property development which violates the Zoning Code
will not be permitted; and
WHEREAS, in order to fully implement GMA requirements and the Comprehensive
Plan, it is necessary for the City to repeal its previous Official Zoning Map and adopt a new
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Official Zoning Map which is consistent with the Comprehensive Plan. Concurrently with the
adoption of the Zoning Code, and as a component of the Zoning Code, Section 17.12.030
PTMC, the City Council adopts the Official Zoning Map for the City of Port Townsend. A
copy of the Zoning Map is attached hereto as EXHIBIT B and incorporated herein by this
reference. The Zoning Map shows the locations and boundaries of all zoning districts and is
fully consistent with and implements the Comprehensive Plan and the Comprehensive Plan
Land Use Map; and
WHEREAS, in accordance with the GMA, the City forwarded the proposed new Title
17 PTMC to the State of Washington Department of Community Trade and Economic
Development for review and comment more than 60 days prior to adoption of this Ordinance.
The City did not receive comments during the subsequent 60 days; and
WHEREAS, review of this Ordinance has been conducted in accordance with Chapter
43.21C RCW, the State Environmental Policy Act (SEPA); and
WHEREAS, the Planning Commission held a public hearing on the Zoning Code on
February 27, 1997, and held public workshops to deliberate regarding the Code on March 6,
March 13, and March 20, 1997, with a continued workshop meeting held on March 25, 1997
to consider and approve all revisions as directed by the Commission, and to take final action
on the Code. The Commission recommended to City Council that the Code be adopted as
amended; and
WHEREAS, the City Council held a public hearing on the Zoning Code on March 31,
1997, and held public workshops to deliberate regarding the Code on April 1 and April 2,
1997, with final adoption at the regular City Council meeting held on April 7, 1997. The City
Council adopts the findings and recitals contained within this Ordinance in response to
presentations and testimony presented, and all deliberations occurring at the Planning
Commission and Council public hearings and workshops; and
WHEREAS, the immediate adoption and effectiveness of this Ordinance is necessary
to comply with Washington Department of Health regulatory requirements. In the Department
of Health's Modified Agreed Order Docket No. 94-003 ("the Order" or "DOH Order"), the
Department of Health ("DOH") has ordered the City to "complete all construction necessary to
meet CT [chlorine contact time] requirements for all City water users within the City Limits, .
. . and [to] complete associated chlorination system improvements needed. . ." by December
31, 1997. The Order requires the City to apply for grant or loan funds through the Public
Works Trust Fund ("PWTF") program, or other source, in order to fund these improvements.
The Order imposes substantial potential penalties upon the City for noncompliance; and
WHEREAS, by providing the removal of biological contaminants and the disinfection
of City water lines, the CT pipeline improvements are necessary to ensure the adequacy and
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safety of domestic water quality for City water customers. The timely construction of the
improvements is therefore necessary for the protection of public health and public safety; and
WHEREAS, the CT pipeline project, and all associated improvements, are included in
the City's Comprehensive Plan's Capital Facilities Element, Table VII-26, for funding and
construction in 1996-1997. The DOH Order requires that regardless of eligibility for public
grants and loans, the City "shall complete construction no later than December 31, 1998."
Without being eligible to secure necessary grant or loan funds in 1997, the timely completion
of the required improvements is jeopardized; and
WHEREAS, the Washington State Department of Community, Trade and Economic
Development ("DCTED") is the agency administering the PWTF grant or loan program. To
be eligible for the grant or loan funds, upon submittal of the application, DCTED requires that
the City be in full compliance with the GMA, including adoption of the Comprehensive Plan
and all necessary implementing development regulations; and
WHEREAS, pursuant to the GMA, the Zoning Code is a mandatory development
regulation which must be adopted to ensure eligibility for the PWTF grant or loan funds. The
PWTF application deadline, and the deadline for full compliance with the GMA, is April 9,
1997. Therefore, to ensure eligibility for the PWTF grant or loan funds, and thereby to
ensure compliance with the DOH Order, this Ordinance must be effective upon adoption; and
WHEREAS, based upon the imperative need to comply with the DOH Order and to
complete construction of the CT pipeline and associated improvements in a timely fashion,
there is an emergency need for this Ordinance to be effective immediately upon adoption,
NOW, THEREFORE, based upon the above findings and recitals, the City Council of
the City of Port Townsend, Washington does ordain as follows:
Section 1. Repealer. Title 17 PTMC adopted pursuant to City Ordinance No.
1625 (1971) as amended, is hereby repealed and replaced with a new Title 17 PTMC in
accordance with this Ordinance. The City's previous Official Zoning Map, adopted pursuant
to City Ordinance No. 1625 (1971) as amended, is hereby repealed and replaced with a new
Official Zoning Map, adopted concurrently with, and as a part of this Ordinance.
Section 2. Adoption of Zoning Code. Pursuant to the City's authority conferred
by Chapter 35A.63 RCW, the City Council hereby adopts the zoning regulations which are
marked as EXHIBIT A, attached hereto and by this reference made a part hereof, entitled
Title 17 "Port Townsend Zoning Code," to be codified as Title 17, "Port Townsend Zoning
Code," Chapters 17.04 through 17.94 of the Port Townsend Municipal Code.
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Section 3. Adoption of Official Zoning Map. Pursuant to the City's authority
conferred by Chapter 35A.63 RCW, concurrently with the adoption of the Zoning Code, Title
17 PTMC, the City Council hereby adopts the Official Zoning Map for the City of Port
Townsend, which is marked as EXHIBIT B, attached hereto and by this reference made a part
hereof. The provisions of Title 17 PTMC, adopted herein, shall govern the administration,
applicability, and interpretation of the Official Zoning Map.
Section 4. Filing. The Zoning Code and Official Zoning Map shall be filed with
the City Clerk and shall be available for public inspection upon the effective date of this
Ordinance.
Section 5. 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 10 days of adoption of this Ordinance.
Section 6. Effect of Repealed Zoning Code and Map. Upon the effective date of
this Ordinance, the previous Zoning Code (adopted pursuant to City Ordinance No. 1625
(1971) as amended) repealed by this Ordinance, and the previous Official Zoning Map
(adopted pursuant to City Ordinance No. 1625 (1971) as amended) shall be superseded by the
Zoning Code, EXHffiIT A and the Official Zoning Map, EXHffiIT B. However, if the
Zoning Code adopted pursuant to this Ordinance is at any time hereafter declared in its entirety
to be invalid or of no effect, the previous Zoning Code hereby repealed shall spring into effect
until subsequently amended or repealed. Similarly, if the Official Zoning Map adopted
pursuant to this Ordinance is at any time declared in its entirety to be invalid or of no effect,
the previous Official Zoning Map hereby repealed shall spring into effect until subsequently
amended or repealed.
Section 7. Declaration of Emergency. In accordance with RCW 35A.12.130 and
35A.13.190, and based upon the above findings and recitals, the Council hereby declares it is
essential that the City be eligible for grant funds and favorable low interest loans available
through the Public Works Trust Fund and other public revenue sources in order to conduct
necessary water system improvements during 1997, in accordance with the City's Capital
Facilities Plan and in compliance with Department of Health's Modified Agreed Order,
Docket No. 94-003. The Council declares that the adoption of this Ordinance is necessary for
the protection of public health and public safety and that ensuring eligibility for public grants
and loans to address public health and safety needs associated with the City's water system
constitutes an emergency condition, requiring that this Ordinance be effective immediately
upon adoption.
Section 8. Effective Date. Pursuant to RCW 35A. 12. 130 and 35A.13.190, the
Council hereby declares an emergency and declares that this Ordinance shall be effective
immediately upon adoption.
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Section 9. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining portion of this Ordinance.
Passed by the City Council and approved by the Mayor of the City of Port Townsend,
Washington, at a regular meeting thereof this 7th day of April, 1997.
~ /l} (tJ¿~
Julie ~u110Ch, Mayor
Attest:
Approved as to form:
/k)
cMahaJ. City Attorney
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PORT TOWNSEND MUNICIPAL CODE
Title 17
PORT TOWNSEND ZONING CODE
Chapters:
17.04 General Provisions
17.08 Definitions
17.12 Establishment of Zoning Districts
17.16 Residential Zoning Districts
17.18 Mixed Use Zoning Districts
17.20 Commercial Zoning Districts
17.22 Marine-Related and Manufacturing Zoning Districts
17.24 Public, Park and Open Space Zoning Districts
17.26 Overlay Districts
17.28 Special Height Overlay District
17.30 Waterfront Design Guidelines Overlay District
17.32 Planned Unit Developments
17.36 Multi-Family Residential Development Standards
17.40 Mixed Use Development Standards
17.44 Conlnlerdal, and Maline-Relatc,d and Manufacturing Uses - Devel61Ji11ent
Standards
17.48 Accessol')' Dwelling Units
17.52 Day Care Facilities
17.56 Home Occupations
17.60 Temporary Uses
17.64 Manufactured and Mobile Home Parks
17.68 Fences, Walls, Arbors and Hedges
17.72 Off-street Parking and Loading
17.76 Signs
17.78 Wireless Telecommunications Facilities - Development Standards [RESERVED)
17.80 Design Review - National Register Historic District
17.84
17.86
17.88
-1-~
f7;96
Conditional Uses
Variances
Nonconforming Lots, Buildings and Uses
17.90 Rules of Construction and Interpretations of Code
17.94 Administration and Enforcement
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Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Title.
17.04.020 Purpose.
17.04.030 Application of regulations.
17.04.010 Title.
The ordinance codified in this, together with any amendments, shall be known as the "City of
Port Townsend Zoning Code."
17.04.020 Purpose.
The purpose of this title is to promote the public health, safety, and general welfare as well as
preserving and enhancing the aesthetic quality of the City of Port Townsend by providing
regulations to ensure an appropriate mix ofland uses in an orderly manner. In furtherance of this
purpose the city desires to achieve a pattern and distribution ofland uses which generally:
A. Are is consistent with and implements the City of Port Townsend Comprehensive Plan, as
required by the Washington State Growth Management Act (Chapter 36.70A RCW);
B. Build upon and enhance established residential, commercial and manufacturing
development patterns;
C. Allow for and encourage infill and redevelopment of developed portions of the city in a
manner consistent with the prevailing scale and character of the community;
D. Allow for mixed use development in selected areas of the city in order to serve as the focal
point for new or emerging neighborhoods and to help promote pedestrian friendly areas with
small scale neighborhood shopping and services;
E. Promote the retail, service, and employment opportunities desired by the community;
F. Encourage more diverse and affordable housing types in residential districts;
G. Accommodate the compact, logical expansion of development into vacant or under used
lands within environmental and infrastructure constraints;
H. Maintain and enhance significant environmental resources;
I. Provide a diversity of areas characterized by differing land use activity, scale, and
intensity;
1. Maintain Port Townsend's unique quality oflife and small town atmosphere; and
K Facilitate the efficient provision of adequate public facilities and services, and private
utilities.
17.04.030 Application of regulations.
A. No building shall be erected, reconstructed, or structurally altered, nor shall any building
or land be used, except in compliance with all the district regulations established by this title for
the district in which the building or land is located.
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B. The minimum yards or other open spaces required by this title, including those provisions
regulating intensity of use, for each and every building hereafter erected or structurally altered
shall not be encroached upon or considered as meeting the yard or open space requirements or the
intensity-of-use provisions for any other building. In the event of any such unlawful
encroachment or reduction, such building shall be deemed to be in violation ofthe provisions of
this title and the certificate of occupancy for such building thereupon shall be null and void.
C. Where the lot is formed from part of a lot already occupied by a building, such separation
shall be dIected in such manner as not to impair any of the requirements of this title with respect
to the existing buildings, and all yards and other open spaces in connection with such buildings,
and no pennit shall be issued for the erection of a new building on the new lot thus created unless
it complies with the provisions of this title.
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Chapter 17.08
DEFINITIONS
Sections:
17.08.010 Generally.
17.08.020 Definitions - A through D.
17.08.030 Definitions - E through H.
17.08.040 Definitions - I through M.
17.08.050 Definitions - N through Q.
17.08.060 Definitions - R through V.
17.08.070 Definitions - W through Z.
17.08.010 Generally.
For the purpose of this title, certain words and terms used herein are defined as follows: All
words used in the present tense include the future tense; all words in the plural number include the
singular number, and all words in the singular number include the plural number, unless the
natural construction of the wording indicates otherwise. The word "lot" includes the word "plot";
the word "building" includes the word "structure""; and the word "shall" is mandatory and not
discretionary. The word "used" also includes "designed, intended or arranged to be used."
Unless otherwise specified, all distances shall be measured horizontally. The word "city" means
the City of Port Townsend, in Jefferson County, State of Washington. The term "city council"
means the city council of said city. The term "building inspector" means the building inspector of
the city. The term "building official" means the building official of the citv.
17.08.020 Definitions - A through D.
A
Abandoned sign: A sign that no longer correctly identifies, exhorts, or advertises any person,
business, lessor, lessee, owner, product, or activity conducted or available on or off the premises
on which such sign is located.
Abutting: Having a common border with, or being separated from such common border by a
public right-of-way. See also "contiguous."
Accessory building: A subordinate building attached to or detached from the principal building
and used for purposes customarily incidental to the use ofthe principal building and not involving
the conduct of a business or the sale of a service. Accessory buildings include but are not limited
to an automobile storage garage, play house, laundry room, garden shelter, hobby room and
mechanical room.
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Accessory dwelling unit: A separate dwelling unit with separate cooking facilities that is
substantially contained within the structure of a single-family residence or an outbuilding which is
accessory to such residence.
Accessory structure: A detached, subordinate structure, located on the same lot, the use of
which is clearly incidental to that of the principal building, or to the principal use of the land.
Accessory use: A use incidental and subordinate to the principal use and located on the same lot
or in the same building as the principal use.
Addition (to an existing building): Any roofed and/or walled expansion to the perimeter of a
building in which the addition is connected by a common load-bearing wall other than a fire wall.
Any walled roofed and/or addition that is connected by a fire wall or is separated by independent
perimeter load-bearing walls is considered to be new construction.
Adult family home: A home in which residential care is provided on a 24 hour basis by an
owner or tenant ofthe home in which care is provided, plus the family ofthe provider. The
maximum number of adults to be accommodated in such a home shall conform to the
requirements of the Washington State Department of Social and Health Services.
Advertising: Any display of letters, numerals, characters, words, symbols, emblems, illustrations,
objects or registered trademarks which serve to call to the attention of the public products,
services, businesses, buildings, premises, events, candidates or ballot propositions.
Advertising vehicle: Any vehicle or trailer visible from a public right-of-way which has attached
thereto or located thereon any sign or advertising device for the purpose of providing
advertisement of products or directing people to a business or activity located on the same or
nearby property or any other premises.
Agriculture: The tilling of soil, the raising of crops, horticulture, viticulture, small livestock
farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses
customarily incidental thereto except small animal husbandry on a noncommercial scale.
Airports and heliports: Any area of land or structure designated and set aside for the landing
and taking off of any aircraft regulated by the Federal Aviation Administration.
Alley: A public thoroughfare or way which affords only a secondary means of access to abutting
property.
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Alterations:
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
B. As used in Chapter 17.80 PTMC, Design Review - National Register Historic District:
Any act or process which changes one or more of the exterior architectural features of a building
or structure.
Amusement activity: An indoor, covered or outdoor facility or building that contains various
devices for entertainment, including coin-operated machines, rides, booths to conduct games."1'Tr
the sale of !louvenir itGm!l. [Note. Thi!l deflllitiollis not reflCGtGd in the U!lC tabks at this time; coll!lider
allowing as a pCfIl1Îtled u$t. within the CoIl di!ltrict]
Amusement park or center: A group of amusement devices for children and/or adults and their
accessory uses. Such a park or center may include miniature golf areas, bumper cars, batting
cages, arcades, bumper boats, go-carts, and such similar activities. [Note: This definition is not
reflected in the use tables at this time; consider allowing as a pcllllittcd-uS'C within the C-II dist.~ct.]
Animal hospital: See "veterinary hospital."
Animal kennel: See "kennel, animal."
Antenna: A cable, pole, tower or other device used for transmitting or receiving radio, or
television signals.
Apartment: A room or suite of rooms within an apartment house or apartment hotel, used as a
dwelling unit for one family with facilities that function or are intended to function for living,
sleeping, and cooking.
Apartment hotel: An apartment house that furnishes services for the use of its tenants which are
ordinarily furnished by hotels, but the privileges of which are not primarily available to the general
public. [Note. This definition is not reflected in the use tables at this tinlc; consider allowing as a pClllhtled
use within the C-III district]
Apartment house: A building or portion of a building arranged or designed to be occupied as
five or more separate dwelling units.
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Apparel and accessory stores: Stores primarily engaged in selling new or used clothing, shoes,
jewelry, and related articles for personal wear and adornment and stores which rent clothing such
as costumes or formal wear.
Applicant: The person, his/her agents, successors or assigns who submits or is required to
submit an application pursuant to this title.
Arbor: Any detached latticework or archway often used to support vines or climbing shrubs.
Arcade:
A. Game/video: Any establishment, room, place, or business location in which there are
available to the public more than three (3) coin or token operated amusement devices or where a
fee is charged for the operation of such devices.
B. Structural: A pennanently 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.
Automobile rental agencies: Businesses primarily engaged in short-term rental or extended-
term leasing of passenger cars, hearses, limousines, and the like, without drivers. Finance (equity
or full-payout) leasing of the automobiles is defined as "motor vehicle sales."
Automobile sales and service establishments, new or used: An establishment that provides for
the sale of motorized vehicles as its primary use, and allows for minor or major repairs, or paint
and body work. No body damaged vehicle or vehicle components exposed to view from a public
roadway shall be permitted.
Automobile wrecking yard: Any premises devoted to dismantling or wrecking of motor
vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their
parts.
Automotive repair establishment:
A. Minor Repair: A retail sales and service establishment that shall include only those repairs
able to be effected within one working day, such as brake repair, engine tune-ups, oil changes,
lubrications, front end alignments, and the like. No outdoor sales, repair, or service work shall be
allowed. Repair services of a major nature, including but not limited to engine or transmission
overhauls or body work shall not be included within this definition. Outdoor storage or display of
vehicles, parts, equipment, or tires shall not be included within this definition. The service or
repair of trucks or other similar vehicles that exceed a one-ton rated capacity shall be prohibited.
No body damaged vehicle or vehicle components exposed to view from a public roadway shall be
permitted.
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B. Major repair: A retail sales and service establishment that provide for the painting,
repainting, or retouching and/or major mechanical repairs and adjustments of motor
vehicles such as engine overhauls, transmission overhauls, and the like which usually require more
than one (1) working day for service. No outdoor sales, repair or service work shall be allowed.
No body damaged vehicle or vehicle components exposed to view from a public roadway shall be
permitted.
C. Paint or body shop: A building or other structure used for painting, repainting, or
retouching and/or major non-mechanical repairs and adjustments of motor vehicles.
Awning sign: See "canopy sign."
B
Bakery, retail: An establishment where the majority of retail sale is of products such as breads,
cakes, pies, pastries, etc., that are baked or produced and sold on premises.
Bakery, wholesale: An establishment where breads, cakes, pies, pastries, etc. are baked or
produced primarily for wholesale rather than retail sale. [Note. This definition is not reflected in
the use tables at this time; consider allowing within the M/C district.]
Bank: Savings and loan~! credit unions. and other deoositorv institutions.
Banner, decorative: An object made of multicolored cloth, fabric or similar flexible material
which displays abstract or representational forms and which is completely devoid of letters,
numbers, words or advertising. Streamers shall not be considered decorative banners.
Banner sign: Any sign intended to be hung, with or without framing, and possessing characters,
letters, symbols, emblems, trademarks, illustrations, or ornamentations applied to fabric or similar
flexible material. Flags, decorative banners, canopy signs, and temporary signs, treated elsewhere
in this title, shall not be considered banner signs.
Bar: See "drinking establishment."
Barn: A building designed and used primarily for shelter and storage of livestock, livestock feed,
and agricultural equipment.
Basement: That portion of a building partly underground and having at least one-half of its
height below the adjacent finished grade.
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Bed and breakfast inn: A building with a central kitchen which provides the primary residence
for the owner or operator and which offers guest rooms for travelers and transient guests for
compensation. Food service may be offered exclusively to people registered to use the inn for
lodging or special events. Accessory buildings which were lawfully established
prior to June 1, 1989, may be considered part of a bed and breakfast inn. A bed and breakfast inn
is a "transient accommodation" and shall conform to the definition thereof.
Bedroom: A room other than a kitchen, dining room, living room, bathroom, or closet, that is
marketed, designed, or otherwise likely to function primarily for sleeping.
Bench sign: A sign located on any part ofthe surface of a bench or seat placed on or visible
from a public right-of-way.
Billboard sign: Any outdoor sign containing advertising which is not related to any use or
activity on the premises on which the sign is located, but not including directional signs as defined
in this title.
Boardinghouse: A dwelling that provides the primary residence for the owner or operator and in
which not more than four (4) roomers, lodgers and/or boarders are housed or fed. A
boardinghouse is to be distinguished from both a "lodging house" and a "hotel."
Boat sales and rentals: A business primarily engaged in sales and/or rental of new and used
motorboats, sailboats, and other watercraft. Businesses primarily engaged in the sale of supplies
for boating, such as sails, outboard motors, and marine hardware, are classified as specialty stores.
Boat storage facility: A facility meant to provide long-term shelter for watercraft and their
accessories (e.g., canoes, sail boats, power boats, etc.), not including service, repair or sales.
Building: Any 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 the term
"building" means one so designed and constructed that all exterior walls of the
structure shall be solid from the ground to the roof line, and shall contain no openings except for
windows and doors which are designed so that they may be closed.
Building height: The vertical distance above a reference datum measured to the highest point of
the coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof The reference datum shall be selected by either of the
following, whichever yields a greater height of a building:
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A. The elevation of the highest adjoining sidewalk or ground surface within a five foot
horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than 10 feet above lowest grade; or
B. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface
described in §A, above, is more than 10 feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the
building.
Building inspector official: A duly appointed officer of the city charged with the administration
and enforcement of the Uniform Building Code provision!> of this title.
Building line: The line of that face, corner, or any part of a building nearest the property line,
including by way of example but not limited to all cornices, architectural appendages, exterior
balconies, decks and similar projections beyond the main foundation line of a building, but
excluding the top roof or roof overhang of buildings, and excluding sidewalks, driveways and
patios on ground level, and decks less than 30 inches in height.
Building materials, garden and farm supplies store: Businesses primarily engaged in selling
products such as lumber and other building materials; paint; glass; wallpaper; hardware; nursery;
tractors; and farm supplies such as seeds, feeds, fertilizer, and farm tools. It includes such firms if
they sell to the general public, even if they also sell to contractors; if they do not sell to the
general public at a11, they are defined as "wholesale trade." Florists and other stores se11ing cut
flowers and potted plants not grown on the premises are classified as "specialty stores." See also
"greenhouse" and "plant nursery."
Building, principal: A fully enclosed and roofed structure, or portion thereof in separate
ownership, which houses the primary uses of at least one business, residence or other
establishment. Accessory buildings or outbuildings are not included in this definition.
Bulk plant facility: A facility where flammable or combustible liquids are received by tank
vessel, pipelines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of
distributing such liquids by tank vessel, pipeline, tank car, portable tank or container, or via other
methods o[wholesale sales.
Business service: An establishment primarily engaged in rendering services to other business
establishments on a fee or contract basis, not involving the sale of any goods or commodities
available on the premises, and not dispensing a personal service. Business service establishments
may include but are not necessarily limited to, activities such as real estate, insurance, accounting
or bookkeeping, financial institutions, management or consulting firms, or other similar uses.
[Note: This definition is not reflected in the use tables at this time; consider al1owing within the C-
IItMU, C-II, and C-III districts.]
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Bus and transit storage and maintenance facility: Any building and adjacent outdoor space
required for the servicing, washing, ,,:nd the overnight parking of buses or other transit vehicles
that are used for transporting the general public, tourists, school children, the elderly, and/or
handicapped or construction workers.
c
Canopy: A temporary or fixed shelter supported entirely from the exterior wall of a building
without other means of support to the ground. For the purposes ofthis title, "canopy" shall
include "awning."
Canopy sign: Any sign erected upon or against a canopy or awning.
Carnival: A temporary commercial entertainment with rides, games, etc. for the general public.
Car wash: A building, or portion thereof, containing facilities for washing automobiles utilizing
mechanical devices. [Note: This definition is not reflected in the use tables at this time; consider
allowing within the C-II and MlC districts.]
Carport: A structure to house or protect motor vehicles owned or operated by the occupants of
the principal building and which is at least 40 percent, of the total area of its sides, open to the
weather.
Cemetery: A place for the burial or intenllncnt intvrment of dead persons or household pets.
Certificate of occupancy: A permit to occupy a premises issued by the building inspector
official after inspection has verified compliance with the requirements and provisions of this title
and applicable building codes.
Certificate of review: The report of the HPC described in PTMC 17.80.100.
Child day care: The provision of supplemental parental care and supervision:
A. For a nonrelated child or children;
B. On a regular basis;
C. For less than 24 hours a day; and
D. Under license by the Washington State Department of Social and Health Services
(DSHS).
As used in this title, the term is not intended to include babysitting services of a casual,
nonrecurring nature or in the child's own home. Likewise, the term is not intended to include
cooperative, reciprocative reciprocal child care by a group of parents in their respective homes.
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Child day care center: A facility providing regularly scheduled care for a group of 13 or more
children, for periods less than 24 hours. Such a facility may be located in a private family
residence when the portion of the residence accessible to the children is:
A. Used exclusively for the children during the center's operating hours or while the children
are In care; or,
B. Is separate ftom the family living quarters.
Child day care facility: Means a building or structure in which an agency, person or persons
regularly provide care for a group of children for periods ofless than 24 hours a day. Child day
care facilities include family day care homes and child day care centers regulated by the
Washington State Department of Social and Health Services, as presently defined and hereafter
amended (Chapter 74.15 RCW, Chapters 388-155 and 388-150 WAC).
Church: A building or structure, or groups of buildings or structures, that by design and
construction are primarily intended for conducting organized religious services and associated
accessory uses, not to include bingo or games of chance, nor schools which exceed normal
religious service hours.
Clear ceiling height: The vertical distance from the surface of the ground floor to the lowest
point on the ceiling.
Clear vision area: The area between a height of three feet (3') and ten feet (10') above the
centerline--grades of intersecting streets in the area bounded by the edge ofthe constructed street
slü[ace of an opened public right-of-way roughly paralleling the propelly lines of eo mer lots and a
line joining points along said constI\.icted road SUI face twenty feet (20') from their point of
intersection The area at an intersection with restrictions on vegetation and structures imposed in
order to ensure visibilitv for pedestrians and operators of vehicles. The citv's engineering, design
st&ndards manual provides restrictions and limitations for construction of structures and
landscaping within the clear visiQn area. See the "clear vision area" graphic, below.
[RESERVED - CLEAR VISION AREA GRAPHIC]
Club: Buildings or facilities owned or operated by a corporation, association, person or persons
for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for
profit or to render a service that is customarily carried on as a business. See also, "country club,"
"health club" and "private club."
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Clubhouse: A building used to house a club or social organization, including clubs associated
with golf courses.
Club, private: See "private club."
Cocktail lounge: See "drinking establishment."
Columbarium: A structure of vaults lined with recesses for crematory urns.
Commemorative plaque: A memorial plaque, sign, plate or tablet which is permanently affixed
to or near the structure, object or event it is intended to commemorate and which displays no
advertising.
Commercial air: Compressed air, used in portable tanks or storage tanks, for use by divers,
firemen, or other such persons and functions, including the retail sale of such air and containers,
as well as the compression thereof and the installation, maintenance and operation of compressing
equipment therefor. fNote,: Th.i5 de£nition is not reflected in the use table5 at this tin1e; this
defn1ition 11M been carried over from the existing Title 17 PTMC; consider deleting, or permitting
this use within the M/C and M-I di5trÏGts.]
Commercial use: The use of any structure or property for a purpose directly related to the sale
of goods, the furnishing of services of any kind, or used in conjunction with the adjacent littoral
commercial property.
Commercial vehicle: A motor vehicle used for purposes other than a family such as a taxi,
delivery, or service vehicle.
Committee, Historic Preservation: The Port Townsend historic preservation committee
established by Port Townsend Ordinance No. 2035, as hereafter amended, and codified in Chapter
2.72 PTMc.
Community center: A place, structure, area, or other facility used for and providing social,
fraternal, religious, and/or recreational programs generally open to the public and designed to
accommodate and serve significant segments of the community.
Community clubhouse: A privately owned structure in which inhabitants of a neighborhood or
subdivision, or members of a neighborhood association gather for meetings and other activities.
Community event sign: An infonnational or directional sign pertaining exclusively to a specific
upcoming event sponsored by a governmental entity or nonprofit organization.
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Compatible use: A use that is capable of existing in harmony with other uses situated in its
immediate vicinity.
Computer software development: See "office, business and professiona1."
Concession stand, agricultural or produce: An open air structure, not to exceed twenty (20)
feet by thirty (30) feet in its dimensions, and at which produce (e.g., fresh eggs, fruits, vegetables,
and/or other agricultural products) from predominately local farms may be sold to the public.
Conditional (special) use: A use permitted in one or more zones as defined by this title but
which, because of characteristics peculiar to such use, or because of size, technological
processes or equipment, or because of the exact location with reference to surroundings, streets,
and existing improvements or demands upon public facilities, requires a special degree
of control to make such uses consistent with and compatible to other existing or permissible uses
in the same zone or zones. A conditional use is a form of special exception. All conditional uses
other than "minor conditional uses" are processed as Type III permits under Chapter 20.01
PTMc.
Conditional (special) use, minor: A conditional use which is to be established and conducted
entirely within an existing building, or çondycted entirely within an accessory structure not
exceeding 120 square feet in building coverage and 10 feet in height. Minor conditional uses are
processed as Type II permits under Chapter 20.01 PTMc.
Conditional use permit: The documentary evidence of authority granted by the hearings body
to locate a conditional use at a particular location.
Condominium: A form of ownership of property where the purchaser normally acquires title to
a part of a building and/or a portion ofland, and an undivided interest in the common areas and
facilities; as distinguished from a cooperative, where the purchaser usually acquires stock that
represents his interest in the property. Where the building so acquired consists of bedrooms with
individual baths or combined bedrooms and living rooms with individual baths and/or has separate
entrances for each unit, each unit shall be considered a separate dwelling unit or a separate hotel
room for the purposes of this title.
Confectionery: An establishment engaged solely in the preparation and production of candy
products for direct retail sale to the consumer on the premises. [Note: This definition is nðt
reflC"Cted in the use tabks at this time; consider permitting within the C-ll/MU, C-II, and C-III
distrÎGts. ]
Conference center: A facility used for seminars, conventions, symposiums and similar uses, with
meeting rooms and possibly food preparation and eating facilities.
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Conforming use: A land use consistent with the list of permitted uses for the district in which it
is located, or otherwise designated as a conforming use in that district.
Congregate care facilities: A building or complex of dwellings specifically designed for. but not
limited to, occupancy by senior citizens and non-senior citizen~ alike which provides for shared
use of facilities, such as kitchens, dining areas, and recreation areas. Such complexes may also
provide kitchens and dining space in individual dwelling units. Practical nursing care may be
provided, as well as recreational programs and facilities.
Construction sign: A sign which is temporarily erected on premises undergoing construction
and which identifies the architect, engineers, contractors, suppliers or other individuals or firms
involved with the construction, or announces the character of the building or enterprise.
Contiguous: Having a common border with, but not separated from such common border by a
public right of way. See also "abutting."
Convalescent home: See "nursing, rest, or convalescent home."
Convenience store: A retail establishment that is usually open for extended daily hours of
business (12 to 24 hours), normally located as a single entity or in a strip building configuration
along major roadways, is typically a self-service facility not dependent upon comparison shopping,
and by its manner of display and merchandising, usually sells a limited selection of items and
brands of pre-packaged or prepared foods, ready-to-eat foods, snacks, gum, candy, beverages,
dairy products, or sundries, all of which are frequently purchased for immediate use. It may be
developed with facilities for the dispensing and sales of vehicular fuels, but with no sale or
installation of tires, batteries or similar accessories. If such establishment is combined with said
fuel sales and dispensing, it shall be regulated as an automobile service station and there shall be
limitations and controls placed upon the nature, size, delivery, storage, location and type of said
fuel sales or dispensing facilities to provide maximum possible protection to adjacent properties,
and it must meet the specific requirements of an automobile service station.
Cooperative apartment: See "apartment house."
Country club: A private or public membership facility designed for tennis, swim and other
recreational activities except "riding stables." Such uses and activities may be grouped around a
clubhouse containing a restaurant, banquet and meeting room facilities. See also "golf course"
and "recreation facility."
Court: An open, unoccupied space other than a yard, on the same lot with a building or buildings
and which is bounded on two or more sides by such buildings or building including the open space
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in a house, court or apartment, providing access to the units thereof See also, "urban open
space. "
Coverage, building: See "lot coverage."
Coverage, ground: See "lot coverage."
Covered moorage building area: The area of water lying directly beneath that portion of a
structure covered by a roof, designed for boat storage.
Crematorium: A facility that uses heat or fire to reduce human or animal remains to ashes.
Custom, art and craft work: MeatH; a. A use in which nonfood, finished, personal or household
items, which are either made to order or which involve considerable handwork, are produced.
Examples include but are not limited to pottery and candle making, leather work, creation of
sculpture and other art work, and glassblowing. High-impact uses shall not be considered custom,
art and craft work.
D
Demolition: Any act or process which destroys in whole or in part a building, structure or
object
Design review standards: The guidelines used by the HPC in conducting its design review
responsibilities established in this title.
Detached building: A building surrounded on all sides by open space.
Development: Any improvement or alteration to real property which requires a building,
clearing:. gradin~ or sign permit
Director: The building and community development 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"
Directional sign: A sign which contains specific directional information and contains no
advertising.
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Directory sign: A sign which displays exclusively the names, logos and locations of occupants or
uses of a building or complex; which includes, but may not be limited to, signs for office buildings,
church directories and signs for malls, arcades, and similar commercial buildings. No advertising
other than the name, logo and locations of occupants or uses is included.
District, zoning: Any portion of the city within which, on a uniform basis, certain uses of land
and buildings are permitted and certain other uses of land and buildings are prohibited as set forth
in this title; and within which certain yards and other open spaces are required, certain lot areas
are established, and a combination of such aforesaid conditions are applied.
Dock: A basin for moorage of boats, including a basin formed between the extension oftwo piers
or the area between a bank or quay and a pier. Docking facilities may include wharves, moorage
or docks or any place or structure connected with the shore or upon shorelands provided for the
securing of a boat or vessel.
Downtown parking district: Those areas lying within commercial, marine-related and
manufacturing, and public, park and open space zoning districts from Admiralty Inlet to Van
Buren Street between Port Townsend Bay and Jefferson Street, excluding the P-I zoned block
bordered by Van Buren, Jefferson, Harrison and Washington streets.
Drinking establishment: A business primarily engaged in the retail sale of alcoholic beverages
for consumption on the premises, including night clubs, bars, and taverns. It shall not mean a
premises wherein such beverages are sold in conjunction with the sale of food for consumption on
the premises and the sale of said beverages comprises less than twenty (20) percent ofthe gross
receipts (e.g., a lounge operated as part of a restaurant is considered to be an accessory to the
restaurant).
Drive-in or drive-through facility: 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.
Driving range (golf): An unconfined recreational facility (i.e., without netting overhead or along
side the facility) situated on a plot ofland at least four-hundred (400) yards in length and a
minimum of three hundred (300) feet wide. A golf driving range may be built with overhead
netting, as well as netting (or other confining material) along the sides and the rear of the facility.
In such cases, the land requirements shall be at least one hundred (100) yards in length and a
minimum of one hundred and fifty (150) feet wide. The purpose of such facility is to allow
golfers an opportunity to practice their golf shots.
Duplex: A single structure containing two dwelling units, either side by side or above one
another. For purposes of this title, units in a duplex are considered single-family dwellings within
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R-I and R-II districts, provided that the base density requirements ofthe district are not exceeded
(i.e., four dwelling units per acre within the R-I diMrict; eight dwelling units per acre within the R-
II district). See also, "dwelling, single-family attached," "triplex,"and "fourplex."
Dwelling, multifamily: A building containing five or more dwelling units, including units that
are located one over the other.
Dwelling, single-family attached: A dwelling having any portion of a wall in common with up
to three adjoining dwellings.
Dwelling, single-family detached: A dwelling that is entirely surrounded by open space on the
same lot, and which is designed for and occupied exclusively by one family and the household
employees of that family.
Dwelling unit: A building or portion thereof providing complete housekeeping facilities for one
family. The term "dwelling" does not include motel, tourist court, rooming house, or tourist
home.
17.08.030 Definitions - E through H.
E
Efficiency dwelling unit: A dwelling unit consisting of one (I) room exclusive of bathroom,
kitchen, hallway, closets, or dining alcove, whether or not directly off the principal room. [Note.
This definition is not reflected in the use tables at this time; ccmsider permitting within the R-I, R-
II, and R~III districts.]
Electrical distribution substation: An assembly of equipment designed to receive energy from
a high voltage distribution supply system, to convert it to a form suitable for local distribution and
to distribute the energy to feeders through switching equipment designed to protect the service
from the effects offaults.
Emergency repair: Work necessary to prevent destruction or dilapidation of real property or
appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other
disaster, or to correct an unsafe condition.
Emergency shelter: A facility that provides housing for individuals and families in the event of
an emergency or an en,ergency immediately hazardous situation.
04/07/97 City Colll1cil FINAL DRAFT-Title 17
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E~j'ineeri"-f <t~~irn J.trmd~r<ts: "Engjneering design standards is svnqn'(m9~~ wilh "eng.inyp,ring
$tançl~rd$" and means the city's engineering, design and construction standards and specifications
governing the construction of oublic and orivate imorovements serving dev~lopments. The citv's
.engineering design standards inclv4,t§tandards for streets and roads and other transDortation
facilities in accordance with Title 12 PTMC, standards for water, sewer and stormwater
imorovements in accordance with Title 13 PTMC. and the oublic works engineering 4~sign
standards manual.
"'Eutertaintl1ent (live): Any act, play, re'VUe, pantonllme, scene, dance act, or song and dance,
act, or any con1bination thereof, performed by one (I) or more persons, whether or not they are
conlpen5ated for the perfoùnance. [Note: TIlls definition is not reflected in th~ use tables at this
time; consider pelmitting within the C-II/MU, C-II, and C-III districts.]
Equipment rental service, commercial: A business which rents or leases equipment for
personal or household use, including but not limited to power and hand tools, yard and garden
equipment, or party supplies such as dishware, glassware, and folding tables and chairs. This does
not include rental of furniture or appliances, which is classified under "furniture, home furnishings,
and appliance stores." It also does not include rental or leasing of portable toilets, heavy
equipment like bulldozers, or similar services to the construction trades- These are classified as
light manufacturing uses.
Essential public facilities: Public facilities and privately owned or operated facilities serving a
public purpose which are typically difficult to site. The term includes essential public facilities of
statewide significance listed in Chapter 36.70A.200 RCW, and locally defined essential public
facilities listed in the County-wide Planning Policy for Jefferson County, Policy #4. Examples of
essential public facilities include, but are not limited to: airports; state educational facilities; state
or regional transportation facilities; prisons, jails, and other correctional facilities; solid waste
handling facilities; inpatient facilities such as group homes and mental health facilities; sewage
treatment facilities; and communication towers and antennas.
Essential use: That use for the preservation or promotion of which the use district was created,
and to which all other permitted uses are subordinate.
Establishment: An economic unit, generally at a single physical location, where business is
conducted or services are offered.
F
Family: One or more persons related by blood, marriage, adoption, or a group of not more than
six persons (excluding servants) not related by blood or marriage, living together as a single
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housekeeping unit in a dwelling unit. The persons thus constituting a family may also include
foster children, graLuitou5 guests and domestic servants. State licensed "adult family homes" and
consensual living arrangements of disabled persons, in accordance with the federal Fair Housing
Act, are exempt from this definition.
Family day care home: A licensed child day care facility located in the family abode of the
person or persons under whose direct care and supervision the child is placed, for the care of 12
or fewer children, including children who reside in the home.
Farmers market: See "swap meet."
Fence: Any artificially constructed barrier of any material or combination of materials erected to
enclose, screen or separate areas. This definition does not include arbors, trellises,
and other framework installations which are either free-standing or integral to a fence or wall, or
hedges. See also, "arbor" and "hedge".
Ferry landing: A dock used for loading passengers or motor vehicles to any commercial
waterborne vessel on which transportation is offered for compensation.
Financial institutions: Establishments such as, but not limited to, banks and trust companies,
credit agencies, investment companies, brokers and dealers of securities and commodities, and
other similar uses. [Note: This definition is not reflected in the use tables at this time; consider
peùnitting within the C-IIIMU, C-II and C-III districts.]
Flag: The officially recognized symbol of a government jurisdiction displayed on cloth or similar
flexible fabric.
Flashing sign: A sign or a portion thereof which changes light intensity or switches on and off in
a repetitive pattern, or uses electrical energy to provide motion or the optical illusion of motion.
Flea market: An occasional sales activity held within a building, structure, or open area where
groups of individual sellers offer goods, new and used, for sale to the public, but not to include
private garage sales. See also, "swap meet."
Floor: The top surface of an enclosed area in a building (including basement) (i.e., the top of a
slab in concrete slab construction or the top of wood flooring in wood frame construction). The
term does not include the floor of a garage used primarily for the parking of vehicles and where
openings are installed to allow the free passage of water.
Floor area. 2ross: The sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior faces of exterior walls and from the centerline of division walls. Floor
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area shall include: basement space, elevator shafts and stairwells at each floor, mechanical
equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse
floors, interior balconies and mezzanines, enclosed porches. Floor area shall not include:
accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom
ofless than seven feet six inches, exterior steps or stairs, terraces, breezeways and open spaces.
Floor area ratio (FAR): The horizontal gross floor area of all of the floors of any building or
buildings on a lot, divided by the area of such lot, or in the case of planned unit developments, by
the net lot area.
Floor area, usable: Any floor area within the outside wall walls of a building exclusive of areas
in cellars, basements, unfinished attics, garages, open porches, and accessory buildings.
Food stores: Stores primarily engaged in selling food and beverages for home preparation and
consumption. It includes grocery stores; meat and fish markets, including freezer provisioners;
fruit and vegetable markets; candy, nut, and confectionery stores; dairy products stores; retail
bakeries; wine and beer shops; liquor stores; and miscellaneous stores specializing in items such as
spices, coffee, or health foods. As an accessory use, a food store may also sell prepared products
for on-site or off-site consumption.
Foster home: A home licensed and regulated by the State and classified by the State as a foster
home, providing care and guidance for not more than five (5) unrelated juveniles, adults or both.
[Note: Thi5 definition is not reflected in the use table5 at thi5 time; consider allowing in all
residential di5tricts.]
Fourplex: Four attached dwellings in one building in which each unit has at least one two open
space exposure and shares one or two walls with adjoining units. For purposes of this title,
fourplexes are considered a single-family dwellings within R-I and R-II districts, provided that the
base density requirements ofthe district are not exceeded (i.e., rour dwelling units per acre within
the R-I district; eight dwelling units per acre within the R-II distri-Gt).
Fraternal organization: A group of people formally organized for a common interest, usually
cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership
requirements. (Note: this is not a "fraternity").
Fraternity, sorority, or student cooperative: A building occupied by and maintained
exclusively for students affiliated with an academic or professional college or university, or other
recognized institution of higher learning and regulated by such institution.
Freestanding sign: A sign which is supported by uprights or braces connected permanently to
the ground and which is not connected to a building. See also "pole sign".
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Fuel storage facility: An area that is used or planned to be used for the bulk storage of
petroleum, propane, and similar products used for heating DWqÇ>§~~: powering motor vehicles,
boats and ships, and aircraft; and operating electrical generating plants. The facilities may be
above-ground or under-ground storage tanks. [Note: This definition is not reflected in the use
tables at thi5 time.]
Funeral parlors and mortuaries: Businesses primarily engaged in conducting funerals and
preparing the dead for burial, but tot not including crematoriums.
Furniture, home furnishings, and appliance stores: Businesses primarily engaged in the retail
sale of goods used for furnishing the home, such as furniture, floor coverings, draperies, lighting
fixtures, wood stoves, domestic cook stoves, refrigerators, and other household electrical and gas
appliances. This category also includes rental of furniture, appliances, and the like. Consumer
electronics such as televisions, stereo equipment, and personal computers are classified under
"specialty stores." Mini-computers and mainframe computers are classified under "office supplies
and equipment stores." See also "specialty stores".
G
Garage, private residential: A structure that is accessory to a residential building and that is
used for the parking and storage of vehicles owned and operated by the residents thereof, and that
is not a separate commercial enterprise available to the general public.
Garage, public parking: A building, or portion of building, or area beneath a building or
structure, except those described as a "private garage," used only for the parking of motor
vehicles.
General merchandise store: A store that sells a wide variety cl grocery and nongrocery items.
Stores that sell nongrocery items (such as consumer electronics, hardware, building materials,
apparel, sporting goods, automotive supplies or the like) as a major component of their business
(i.e., 30 percent or more of display area) are classified as general merchandise stores. Stores that
~ primarily sell groceries (i.e., 70 percent or more of their display area) are classified as grocery
stores.
Golf course: A tract ofland laid out for at least none nine holes for playing the game of golf and
improved with tees, greens, fairways, and hazards, and that may include a clubhouse and shelter.
See also, "country club."
Grade:
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A. Finished grade: The lowest point of elevation of the finished surface of the ground, paving
or sidewalk, within the area between the building and the property line or, when the property line
is more than five feet from the building, between the building and a line five feet from the building.
B. Natural grade: The elevation of the ground level in its natural state, before construction,
filling, or excavation.
C. For the purposes of Chapter 17.76 PTMC, "Signs," the term grade means the average
elevation of the ground surface immediately below the sign after construction, exclusive of any
filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in
which the grade cannot reasonably be determined, sign height shall be equal to the elevation of the
nearest point of the crown of a public street or the grade of the land at the main entry to the
principal building, whichever is lower.
Grand opening: The celebration or promotional period beginning on or shortly after the date
when a new, permanent business or use is open for business in a permanent, fixed building. Grand
opening events must be related to: opening of a new business; a change of business location;
construction of a new business structure; major remodeling or expansion valued at $50,000 or
more; change of ownership; or change of name.
Greenbelt: A strip ofland, variable in width, for the planting, growing and maintaining of
cultivated landscaping.
Greenhouse: An enclosed building, permanent or portable, that is used for the growth of small
(i.e., less than ten (10) feet in height) plants.
Grocery store: A subcategory of food store which is primarily engaged in the retail sale of a
wide variety of fresh foods, packaged foods and household supplies for preparation and
consumption in the home. Commonly known as a supermarket, grocery store, or minimarket, this
type of store sells such goods as tea, coffee, spices, sugar, flour and packaged foods; fresh and/or
frozen fruits and vegetables; fresh and/or prepared meats, fish, and poultry; domestic cleaning
products and paper goods; and miscel1aneous small items for home use. See also "food store." A
store which also sells a wide variety of non-grocery items (such as automotive supplies, consumer
electronics, hardware, building materials, apparel, sporting goods or the like) as a major part of its
sales (i.e., thirty (30) percent or more of its display area) is classified as a "general merchandise
store. "
Gross acreage: The total area within the lot lines of a lot or parcel of land before public streets,
easements or other areas to be dedicated or reserved for public use are deducted from such lot or
parcel.
Group home for the disabled: A dwelling shared by four or more disabled persons, and resident
staff, who live together as a single housekeeping unit and in a long-term, family-like environment
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in which staff persons provide care, education, and participation in community activities for
residents with the primary goal of enabling the resident to live as independently as possible in
order to reach their maximum potential. As used herein, the term "disabled" shall mean having:
A. A physical or mental impairment that substantially limits one or more of such person's
major life activities so that such person is incapable of living independently;
B. A record of having such an impairment; or
C. Being regarded as having such an impairment.
However, "disabled" shall not include current illegal use of or addiction to a controlled substance,
nor shall it include any person whose residency in the home would constitute a direct threat to the
health and safety of other individuals. The term "group home for the disabled" shall not include
alcoholism or drug treatment center centers, work-release facilities for convicts or ex-convicts, or
other housing facilities serving as an alternative to incarceration.
Guest house: Living quarters without ~ kitchen facilities located on the same lot with a principle
principal building and occupied for the sole use of members of the family, temporary guests, or
persons permanently employed on the premises. See also, "accessory dwelling unit."
H
Halfway house: A licensed home for inmates on release from more restrictive custodial
confinement or initially placed in lieu of such more restrictive confinement wherein supervision,
rehabilitation, and counseling are provided to mainstream a person back into society.
Hazardous substance: Any liquid, solid, gas or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any ofthe characteristics or
criteria of hazardous waste as described in the Washington Administrative Code rules (WAC)
adopted under Chapter 70.105 RCW.
Hazardous waste: All dangerous and extremely hazardous waste, including substances,
composed of both radioactive and hazardous components, regulated under either Chapter 70.105
RCW, or the Washington Administrative Code (WAC) rules adopted pursuant thereto.
Hazardous waste facility: Any facility on which the treatment or storage of hazardous waste
occurs, including, but not limited to those facilities defined in WAC 173-303-040.
Health club: Gymnasiums (except those associated with educational institutions), steam baths,
saunas, private clubs (athletic, health, or recreational), reducing salons, and weight control
establishments.
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Heavy manuf~cturin2": A use en£aged in th~ basic processing and manufacturinß ofmatyrials or
products predominantly from yxtracted or raw materials, or a use engaged in the storage of, or
manufacturing proç~:>ses that potentially invplve hazardous or commonly recognized offensive
conditions. Sye also "High impact use. "
Hedge: Any self-supporting barrier of living vegetation that encloses, screens, or separates areas.
High-impact use: A business establishment which is considered to be dangerous and/or noxious
due to the probability and/or magnitude of its effects on the environment. High-impact uses shall
include but are not limited to:
A. Battery manufacturing, reprocessing;
B. Crude petroleum refinery and storage;
C. Creosote manufacture and treatment;
D. Distillation of wood, coal or bones, or manufacture of by products; animal black or bone
black manufacturing;
E. 6ëts Fuel (illuminating or heating) manufacture or storage;
F. Incineration or reduction of garbage, offal, dead animals, or refuse;
G. Manufacture of poisons, pesticides and herbicides;
H. Manufacture of Class lA or IB flammable liquids as defined by the Uniform Fire Code,
storage of same in aboveground containers;
I. Manufacture or substantial use of ammonia, chlorine, asbestos, oxygen, hydrogen acids
(hydrochloric, nitric, picric, sulfurous, sulfuric);
1. Rendering of fat, tallow, lard; extraction of animal or fish fats and oils;
K. Smelting of ore;
L. Stockyards, hog farms, slaughterhouses, including packing and freezing;
M. Storage of explosives, as defined by the Uniform Fire Code;
N. Tanneries; and
O. Wood pulp manufacture.
See also "Manufacturing, heavy."
Historic district: That area within the city of Port Townsend nominated to the National Register
of Historic Places on April 19, 1976, the boundaries of which are described as:
Beginning at Port Townsend Bay in a northwesterly direction co-linear with Polk Street and
continuing to the edge of the bluff along Water Street, then following the bluff toward the southwest
to the vacated Scott Street right-of.way, along that vacated right-of-way to its intersection with
Jefferson Street, southwest along Jefferson one-half block then 90 degrees to the northwest along a
line parallel to Scott Street continuing to Lawrence Street, northeast along Lawrence to Walker
Street, northwest along Walker to Blaine Street, northeast along Blaine to Van Buren Street,
southeast along VanBuren to Garfield Street, northeast along Garfield to Harrison Street, northwest
along Han'ÍSon to Chestnut Street, north along Chestnut to F Street, east along F to Oak Street, north
along Oak to Taft Street, along Taft to a point midblock between Adams and Quincy Streets, then 90
degrees to the northwest along a line parallel to Quincy then 90 degrees to the northeast taking in the
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property at the west corner of Quincy and Taft Streets, returning along Quincy to Taft and continuing
along Taft Street northeast to Admiralty Inlet.
Historic structure: Any structures individually listed on the Natiol1al Registvf ofHistQric Place~.
or identified as pivota,I, primary. or secondary on the map which. accompanied the certification of
the Port Towns~nd National Register Historic District on May 17. 1976.
Homeless shelter: A facility that provides temporary housing for individuals or families which,
due to personal adverse financial situations, have lost their homes. See also "residential treatment
facility. "
Home occupation: Any profession, trade, occupation, or activity carried on for a livelihood or
engaged in with the object of gain, benefit, or advantage to the participant or another person or
class, directly or indirectly, for profit, and which is conducted as a customary, incidental, and
accessory use in the resident's dwelling unit or an associated accessory structure. Home
occupations shall only be allowed as regulated pursuant to Chapter 17.56 PTMc.
Horticulture: The science and art of cultivating flowers, fruits, vegetables, or ornamental plants-
Hospital: A facility providing primary health services and medical or surgical care to persons,
primarily inpatients suffering from illness, disease, injury, deformity, other abnormal physical or
mental conditions, chemical or substance dependency or abuse, and including as an integral part of
the institution related facilities such as laboratories, outpatient facilities, and training facilities.
Hospital, animal: A building or premises for the nledic:al or sùrgi-cal treatment of animals or
pets, including dog, cat and veter~mlfY hðspitals, induding the; boarJing of hospitalized animals,
but G","duding the bðarding of animals nðt subjec.ted to medical ðr surgical treatment. See
veterinary hospital.
Hotel, apartment: See "apartment hotel." [Note: This definition is not refkctcd in the use
tables at this t~me.]
Hotel: Any building or portion thereof containing five or more rooms which share 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. Not included are institutions housing persons under legal
restraint or requiring medical attention or care. A hotel is a "transient accommodation" and shall
conform to the definition thereof
Household: See "family."
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HPC, Port Townsend historic preservation committee, or connuittee: The committee created
by Port Townsend Ordinance No. 2035 and codified in Chapter 2.72 PTMc.
17.08.040 Definitions - I through M.
I
Illuminated sign: Any sign illuminated in any manner by an artificial light source.
Improvement: Any act that improves the value of public, real 'ð1td or personal property, or which
is necessary as a condition of development, including but not limited to: streets and roads
'ðmplying with the engineering and design 5tandards adopted by the city; public utility and
pedestrian facilities; street lights; landscape feature5, sewer and water lines; bridge structures;
storm drainage facilities; and traffic control devices installed as a condition of planned unit
development, short subdivision, full subdivision, binding site plan, or other development
application approval.
Incidental sign: A small, nonilluminated information sign two square feet or less in area which
pertains to goods, products, services or facilities which are available on the premises where the
sign occurs, and intended primarily for the convenience of the public while on such premises-
Incidental use: A use which is ~ubordinate and accessory to a use which is clearly permitted in
the zoning district.
Incompatible use: A use that is incapable of existing in harmony with the natural environment or
with other uses situated in its immediate vicinity.
Indoor storage: The keeping of any goods, materials, merchandise, or supplies as an accessory
use to any retail, office, or service use. Any retail or office use shall not devote more than thirty
five percent (35%) of its gross floor area to indoor storage.
Industrial park: A planned, coordinated development of a tract of land with two (2) or more
separate manufacturing buildings. Such development is planned, designed, constructed, and
managed on an integrated and coordinated basis with special attention given to on-site circulation,
parking, utility needs, building design and orientation, and open space.
Institution, educational: A college, junior college or university supported by public or private
funds, tuitions, contributions or endowments, giving advanced academic instructions as approved
by the State Board of Education or by recognized accrediting agency, excluding preschool,
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elementary and junior and senior high schools, and trade and commercial schools; including
fraternity and sorority houses.
Institutional use: A non-profit corporation or establishment for public use.
J
Junkyard: A place where junk, waste, discarded or salvaged materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards,
house wrecking yards, and places or yards for storage of salvaged house wrecking and structured
steel materials and equipment. A junkyard shall not be construed to include such uses when
conducted entirely within an enclosed building, nor pawnshops and establishments for the sale,
purchase or storage of used furniture and household equipment, used cars in operable condition,
used or salvaged machinery in operable condition or the processing of used, discarded or salvaged
materials as part of a manufacturing operation. See also, "automobile wrecking yard."
K
Kennel, animal: Any site where four (4) or more each of dogs, cats, or other small animals over
the age offcut (4) one (1) are kept, whether such keeping is for pleasure, profit, breeding, or
exhibiting, including places where said animals are boarded, kept for sale, or hire.
Kitchen: Any rooms used or intended or designed to be used for cooking and/or preparation of
food.
L
Laboratory: A place devoted to experimental study, such as testing and analyzing, as well as
physical diagnostic facilities and soil and water testing facilities. The manufacturing of any
product or products is not considered to be part of this definition.
Landscape: The use of materials such as, but not limited to, trees, ornamental shrubs, gravel,
river rock, driftwood, rockeries, lawn, artificial turf or combination of such materials.
Land use: The employment of a site or holding so as to derive revenue or other benefit from it;
also the delineation by the Government of the utilization to which land may be put so as to
promote the most advantageous development of the City of Port Townsend.
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Laundromat: An establishment providing washing, drying, or dry cleaning machines on the
premises for rental use to the general public for family laundering or dry cleaning purposes.
Laundry plant: An establishment for the mechanized washing and/or dry cleaning of clothing,
linens, and the like.
Laundry service: A retail sales and service establishment that provides for the drop-off of
clothing, linens, and the like to be washed, dry cleaned, ironed, mended, or repaired with no
machines or equipment for the dyeing of same, and specifically no machines or equipment
available for self-service directly by the consumer.
Lixht manufacturin2": A manufacturimt use. tvDicallv having low imo~çts on the environment. in
which articles are either oroduced. asst!mbled. finished and/or oackaged from oreoared materials
made at anotþer location, or raw materials, suçþ as premilled wood, paper, wool.... textile, leather,
çQrk or semiprecious or orecious metals or stones. Light manufacturing includes but is not limited
to the assemblv of clocks. clothing. furniture. electrical aooliances. medical eauioment and soorts
yquipment. For the puroose of this definition. light manufacturing shall include canning or bottling
of food or beverages for human or animal çonsumotion usin~ a mechanized assemblv line~and
minting olants. High-imoact uses shall not be considered light manufacturing.
Lighting, indirect: A light source separated from the sign surface and illuminating the sign
surface by means of spotlights or similar fixtures.
Lighting, internal: An indirect, concealed light source which is recessed or contained within any
element of a sign.
Lighting, neon: Lettering, numerals, symbols, logos, emblems or illustrations which are directly
visible and are constructed of and illuminated solely by glass tubes filled by neon gas or equivalent
light emitting gaseous elements.
Livestock: Domestic animals, such as horses, cattle, pigs, goats, or poultry, kept for their
services or raised for food and other products.
Lodging house: A building that provides the primary residence for the owner or operator and in
which five (5) or more roomers, lodgers and/or boarders are housed or fed. A lodging house is to
be distinguished from both a "boardinghouse" and a "hotel."
Lot: A designated parçtìl, tract or area ofland established þy plat, subdivision, or as otherwise
permitted by Jaw, to be sep&rately owned, used, developed, or built upon. A fractional pal L of
dividc.d lands having fixed boundaries, being of sufficient drea and dimension to n1e-et minimum
zolllng requirements for width and area.
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Lot area: The total horizontal area within the boundary lines of a lot. Where utility or private
access easements are located within a parcel, lot area computation shall include that area
contained within the easement. Where public street rights-of-way are located within or bordering
a parcel, lot area computation shall not include that area contained within such rights-of-way.
Lot, corner: A lot situated at the intersection of two streets or roads, by which the interior angle
does not exceed 13 5 degrees.
Lot coverage: The total ground coverage of all buildings or structures on a site measured from
the outside of external walls or supporting members, including accessory buildings or structures,
but not to include at-grade off-street parking lots, deck area~~ terraces, swimming pools, pool
deck areas, walkways, roadways, or driveways.
Lot depth: The mean dimension ofthe lot from the front street line to the rear line.
Lot frontage: The boundary of a lot which is along an existing or dedicated public street, or
where no public streets exists, along a private road, easement or access way. On an interior lot, it
is the lot line abutting a street; or, on a pipestem (i.e., flag) lot, it is the interior lot line most
parallel to and nearest the street from which access is obtained. On a corner lot the property
owner shall declare which of the two lot lines shall be considered the front lot line at the time of
application for a building permit.
Lot, interior: A lot fronting on one street.
Lot line, front: The For setback purposes, the lot line which is adjacent to a street or access
easement of at least 20 feet in width; excepting corner lots in which case the property owner shall
declare which of these two lot lines shall be considered the front lot line at time of application for
a building permit for the first residential building on the lot; and excepting through lots in which
CMe the front lot line shall be the lot line which is adjacent to the street or access easement which
aiTords the principal means of access to the property. In the event oflot configurations or
circumstances not provided for in this title, the building official shall determine the front lot line
based on the purposes of this title set forth in Section 17.04.020 PTMC, subject to appeal
pursuant to Chapter 20.01 PTMC.
Lot line, rear: Any lot line which is distant from and essentially parallel to a front lot line.
Lot line, side: Any lot line other than a front lot line or a rear lot line.
Lot of record: Any lot or parcel ofland shown on an officially recorded plat or short plat or a
parcel of land officially recorded or registered as a unit of property and described by platted lot
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number or by metes and bounds and lawfully established for conveyancing purposes on the date of
recording of the instrument first referencing the lot. The tenn "lot of record" as used herein does
not imply that the lot conforms with the legal regulatory requirements for subdivision of property
in accordance with Chapter 5 8 .17 RCW and Title 18 PTMc.
Lot, through: A lot that has both ends fronting on a street; both ends will be considered front.
Lot width: The dimension of the lot line at the street, or in an irregular shaped lot the dimension
across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or
building line.
Lounge: A building or portion of a building, wherein alcoholic beverages are sold by the drink
and consumed on the premises. See "drinking establishment."
Lumber and wood products proce~sinJ:: A predominantly manufacturing use typically involved
ill the milling and primary processing of raw wood products.
M
Main entry: The entrance from outdoors into a principal building through which most customers
or other visitors pass or are expected to pass. Each principal building shall be considered to have
no more than one main entry, excepting a multiple-business complex, in which case each
physically separate business which has no internal passageway to any other business premises shall
be considered to have one main entry.
Manufactured home: 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
pennanent foundation when connected to the required utilities. (Note: Manufactured Homes
were fonnerly 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).
Manufactured or mobile home park: Land under single ownership and control designed and
used for the temporary or permanent parking of two (2) or more manufactured or mobile homes
for human occupancy.
Manufacturing, heavy: A use engaged in the basic processing and n,anufac.turtng of Inaterials
or products predominantly from extractt;d or raw materials, or a use engaged in the storage of, or
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manufacturing processes that potentially involve hazardous or commonly recognized oIfensive
conditions. See "heaw manufacturinp:."
Manufacturing, light: A manufacturing use, typically having low impacts on the environment, in
which anic1es are either produced, assembled, £nished and/or packaged tom prepared materials
made at another location, or raw materials, such as premilled wood, paper, wool, textile, leather,
cork or senliprecious or precious metals or stones. Light manufacturing includes but is not limited
to the assembly of clocks, clothing, fllrniture, electrical appliances, medical equipnlent and Sp<"h b
equipment. Par the purpose. of this definition, light manufacturÎng shall include canning or bottling
of food or beverages for human or animal consumption using a mechanized assembly line, and
printing plants. High-impact uses shall not be considered light nlanufacturing. See "lil{ht
manufacturing. "
Marina: A facility that provides launching, storage, supplies, moorage, and other accessory
service for six or more pleasure and/or commercial water craft.
Marine-related use: Goods and services which are primarily intended to support boating, sailing,
water sports, mé .rine research, or similar waj:er-oriented activities.
Marquee: A permanent structure attached to and supported by the building and projecting over
public or private property.
Massage: The manipulation of the superficial tissue of the human body with the hand, foot, arm,
or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any
electrical or mechanical device, or the application to the human body of a chemical or herbal
preparation, and is not intended to be sexually arousing.
Massage clinic or center: A business establishment offering massage, steam baths, saunas, etc.
to relieve tension, make muscles or joints supple, or stimulate circulation.
Mean ground level: The average of the finished ground level at the center of all exposed walls
of a building. Where walls are parallel to and within five (5) feet of a sidewalk, the sidewalk shall
be considered the mean ground level.
Micro brewery: A combination retail, wholesale and manufacturing business that brews and
serves beer and/or food on the premises.
Mini-storage or mini-warehouse: A building or group of buildings consisting of individual
storage units not exceeding four-hundred (400) square feet per storage unit that are leased or
owned for the storage of business and household goods or contractor's supplies. These facilities
shall not be used for any wholesale or retail operations.
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Mixed use development: The development of a parcel or structure with two or more different
land uses, such as a combination of residential, office, manufacturing, retail, public, or
entertainment in a single physically integrated group of structures.
Mixed use zoning: Zoning that permits a combination of typically separated uses within a single
development (i.e., as in the city's C-I/MU and C-II/MU districts). Mixed use in an urban context
refers to usually a single building with more than one (I) type of activity taking place within its
confines. An example of such a type of development could have commercial uses on the ground
floor, offices above them, and residential units above the offices. Other combinations of uses may
also occur in this type of setting.
Mobile, manufactured and modular housing sales: The sale of a new or used mobile,
manufactured, or modular housing. Sale of recreational vehicles and motor homes is defined
under "motor vehicle sales."
Mobile home: A single-family dwelling constructed in accordance with the requirements
prescribed under RCW 43.22.340, as amended, and bearing the "mobile home" insignia of the
Washington State Department of Labor and Industries. It is a dwel1ing transportable in one or
more sections that are eight feet or more in width and thirty-two feet or more in length, built on a
permanent chassis, designed to be used as a permanent dwelling and constructed before June 15,
1976. A commercial coach, recreational vehicle, and motor home shall not be considered a mobile
home. (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).
Mobile home park: See "manufactured or mobile home park."
Modular home: A dwelling unit constructed in a factory in accordance with the Uniform
Building Code and bearing the appropriate insignia indicating such compliance, and transported to
the building site for final assembly and permanent foundation. This definition includes
"prefabricated," "panelized," and "factory-built" units.
Monument sign: A ground-related, freestanding sign which is attached to the ground or to its
base on grade by a solid sign structure and which structure extends from the ground or base to the
sign face at the same or greater width as the sign face.
[MONUMENT SIGN GRAPHIC - RESERVED - CUT & PASTE
FROM CURRENT 17.50.030(30) PTMC]
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Moorage: A place to tie up or anchor a boat or vessel.
Motel: A building or buildings, detached or in connected units or designed as a single structure,
the units of which are used as individual sleeping or dwelling units, having their own private toilet
facilities, and are designed primarily for the accommodations of transient automobile travelers.
Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto
court, cabin court, motor inn and similar names. A motel is a "transient accommodation" and shall
conform to the definition thereof
Motor hotel: A specialized hotel designed and operated to provide hotel services and
accommodations to the motoring public and where the sleeping accommodations normally do not
exceed one week's duration. A motor hotel is a "transient accommodation" and shall conform to
the definition thereof
Motor vehicle sales: A business primarily engaged in the sale of new and used autos, trucks,
motorcycles, recreational vehicles, utility trailers, aircraft, snowmobiles, and the like.
Motor vehicle supply stores: Auto supply stores, tire dealers, and the like. Firms which salvage
used parts from inoperable vehicles are defined as "junk yards" and "salvage facilities." Businesses
primarily engaged in both selling and installing such automotive parts as mufflers and brakes are
defined as "service stations."
Multiple-business complex: A group of structures housing at least two separate businesses or
agencies, or a single structure containing more than one business with separating walls and at least
one outside access for each business which shares a common lot, access and/or parking facility.
Multiple-family dwelling: See "dwelling, multiple."
Multiple-tenant building: A single structure housing more than one business or agency which
does not incorporate a separate outside access for each enterprise, but not including residential
apartment buildings.
Municipal improvement: Any improvement on property owned or controlled by the city, but
excluding other public agencies subject to the jurisdiction of city regulations, and excluding also
underground utility improvements undertaken by the city.
Mural sign: A wall sign which consists exclusively of paint applied to the wall of a building
without application of any other material or framing.
Museum: A nonprofit, noncommercial establishment operated as a repository or a collection of
natural, historic, scientific, or literary curiosities, or objects of interest or works of art.
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Restaurants and gift shops may be included as part of any museum, so long as the square footage
for these activities constitutes not more than twenty-five (25) percent ofthe total floor area ofthe
museum building.
17.08.050 Definitions - N through Q.
N
National Register of Historic Places: A list of properties that have been formally judged to
have historic significance and which have been accepted by the keeper ofthe National Register.
Night club: An establishment that has a capacity for at least thirty (30) persons seated at tables
and the bar employs a bartender and maintains table service, dancing, and/or live entertainment for
the guests. For purposes ofthis title, night clubs shall be classified as drinking establishments.
Nonconforming building use: The use of a building which was a lawful use on April 7, 1997,
but which use, because of the passage of this title, does not conform to the regulations of the
district in which the use exists.
Nonconform;ng land use~ The use: of land which was a lawful use cm April 7, 1997, but which
use, because of the passage of this title, does not confolll1 to the regulations of the district in
which the use exists.
Nonconforming sign: Any sign in existence within the city on the date of adoption of the
ordinance codified in this chapter, or located in an area annexed to the city thereafter which does
not conform with the provisions of this chapter, but which did conform to all applicable laws in
effect on the date the sign was originally erected; provided, however, that any such sign which is
within 120 percent ofthe area and height dimensional limitations set forth in this chapter and
otherwise fully conforms with this chapter shall be deemed a conforming sign.
Nonconforminf structJlre or buildin2: A structure or building, the size.. dimensions, or location
of which wa~ lawful prior to the adQption, revision, or amendment to this Title 17 PTMC, but that
fails by reason of such adoptic;m, revision, or amendment to conform to the present requirements
of this titl~.
Nonconforming use: A use which lawfully occupied a building or land on April 7, 1997, and
which does not conform with the use regulations of the district in which it is located.
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Nursery, plant: An enterprise, establishment, or portion thereof that conducts the retailing or
wholesaling of plants grown on the site, as well as accessory items (but not farm implements)
directly related to their care and maintenance. The accessory items normally sold include items
such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels.
Nursing, rest, or convalescent home: An establishment which provides full time care for three
(3) or more chronically ill or infirm persons. Such care shall not include surgical, obstetrical or
acute illness services.
0
Object: A material thing of functional, aesthetic, cultural, historical or scientific value that may
be, by nature or design, movable yet related to a specific setting or environment.
Office: A building or portion of a building wherein services are performed involving
predominantly administrative, professional, or clerical operations.
Office, bank: Dank5, Mving5 and lð8.n5, c.redit union5, 8.nd other depository institutions.
Office, business and professional: The offices of real estate agencies, mortgage brokers,
advertising agencies, credit agencies, mailing services and postal substations, employment
agencies, insurance agencies, membership organizations except fraternal organizations,
accountants, attorneys, security brokers, financial advisors, architects, engineers, surveyors, tax
preparation services, computer software development, and other similar business services. This
may also include the administrative offices for businesses whose primary activity may be
construction, manufacturing, utility services, or some other non-office use conducted elsewhere.
Office, government: The legislative, administrative, service delivery, or judicial offices oflocal,
state, or federal agencies. It also includes federal post offices where mail processing takes place
for local delivery. It does not include government land uses such as maintenance facilities for
government-owned trucks, busses, or heavy equipment which are a light manufacturing use.
Office, medical: An establishment primarily engaged in furnishing medical, surgical or other
services to individuals, including the offices of physicians, dentists, chiropractors, optometrists
and other health practitioners providing out-patient care facilities; medical and dental laboratories;
blood banks; and oxygen and miscellaneous types of medical supplies and services.
Office park: A tract of land that has been planned, developed, and operates as an integrated
facility for at least three (3) separate office buildings and supporting ancillary uses, with special
attention given to circulation, parking, aesthetics, and compatibility.
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Office supplies and equipment stores: Stores selling office products such as stationary, legal
forms, writing implements, typewriters, computers, copiers, office furniture, and the like.
Office, veterinal)' dink. A place where an..Îmal5 receive medical care and the boarding of
animals is limited to 5hol l-term care incidental to the h05pital U5e. Thi5 i5 not a medical office.
See also "hospital, animal."
Off-premises sign: A sign relating, through its message and content, to an activity, use, product,
or service which is not available on the premises on which the sign is erected.
Off-site hazardous waste facility: A hazardous waste facility that treats and stores waste from
generators on properties other than those on which the off-site hazardous waste facility is located.
Off-street parking: Parking facilities for motor vehicles on other than a public street or alley.
On-site hazardous waste facility: A hazardous waste facility that treats and stores wastes
generated on the same geographically contiguous or border property.
Open space: Any pal l of a lot unob5tl Licted from the ground upward. Land or water area with
its surface open to the sky or predominantly undeveloped, which is set aside. to serve the purposes
of providing park and r~creation opportunities, conserving valuable resources, and structuring
urban development and form. The term "open space" is often further divided into the following
ca.tegories:
A.. COJTlffiQn QP~n space: Space that may be used by all occupants of a residential complex
(note: parking areas and driyeWílY$ do not qualify as open space).
B... Landscaped open ::¡Pílce; An outdoor area including natural or planted vegetation in the
form of hardy trees, shrubs, grass, evergreen ground cover, and/or flowers.
.c... Private open space: Usable outdoor space directly accessible to a unit.. with use restricted
to the occupants of that unit~ and..
IL Usable open space: Usable open space is au outdoor area which is of appropriate size,
shape and sitinß to prQyjde for recreational activity. Usable open spac~ m;¡y be occupied by
sculpture, fountains or pools, benches or other outr;lQQr furnishings, or by recreational facilities
such as playground equipm¡;nt, swimming pools, and game courts.
Open space, urban: Any outdoor space unobstructed to the sky that is bounded on two or more
sides by the walls of a building that is on the same lot. Examples of urban open spaces include:
through block corridors; courtyards; plazas; roof decks; and balconies.
Ordinary repair and maintenance: Work for which a permit issued by the city is not required
by the city and the purpose and effect of which is to correct any deterioration or decay of or
damage to the real property or structure or appurtenances thereon and to restore the same, as
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nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay,
or damage.
Outdoor advertising display: Any card, cloth, paper, metal painted signs, wooden, plaster,
stone or other sign of any kind or character whatsoever placed for outdoor advertising purposes
on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing
whatsoever. The term "placed" as used in the definitions of "outdoor advertising sign" and
"outdoor advertising structure" includes erecting, construction, posting, painting, printing,
tacking, mailing, gluing, sticking, carving or otherwise fastening, affixing and making visible in
any manner whatsoever.
Outdoor sale: The selling of any goods, material, merchandise, or vehicles for more than
twenty-four (24) consecutive hours, in an area open to the sky and/or visible from adjacent
properties or rights-of-way. The display of said goods, material, merchandise, or vehicle shall, for
the purpose of this title, constitute a sale.
Outdoor storage: The keeping of any goods, junk, material, merchandise, or vehicles in the
same place for more than twenty-four (24) consecutive hours.
Overlay zone: A zoning district that encompasses one (1) or more underlying zones and that
imposes additional requirements beyond that required by the underlying zone.
Owper/operator re$idence: A single family residence incidental to the commercial use of
property. Qçç\lpied vxchJ~ively by the owner or operator and family of the commercial use.
p
Parcel: [Resel ved}. St;e "Lot."
Park, public: An area that may be improved for the purpose of providing public access in a
manner consistent with the preservation of its recreational, educational, cultural, historical, or
aesthetic qualities.
Parking space: A space within or without a building, exclusive of driveways, used to
temporarily park a motor vehicle and having access to a public street or al1ey.
Pedestrian-oriented business: A commercial enterprise whose customers commonly arrive at a
business on foot, or whose signage, advertising, window display and entry ways are oriented
toward pedestrian traffic. Pedestrian-oriented business may include restaurants, retail shops,
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personal service businesses, travel services, banks, (except drive-through windows), and similar
establishments.
Permitted use: Any use authorized or permitted alone or in conjunction with another use in a
specified district and subject to the limitations ofthe regulations of such use district.
Personal service: Establishments primarily engaged in providing services involving the care of a
person gtmds.
Pharmacies and medical supply stores: Businesses primarily engaged in the sale of prescription
and over-the-counter drugs, plus perhaps vitamins, first-aid supplies, and other health-related
products. It also includes firms primarily engaged in the sale of medical equipment such as
orthopedic or prosthetic devices, or equipment for home health testing. Pharmacies which also sell
a wide variety of other types of merchandise, such as beauty products, camera equipment, small
consumer electronics, gift ware, food items, greeting cards, toys, housewares, and/or cleaning
supplies are commonly known as "drug stores," and are defined as "general merchandise stores-"
Place: An open unoccupied named space, other than a street or alley, at least 25 feet in width,
permanently reserved and so recorded in the county records as the principal means of access to
abutting or adjacent property.
Plant nursery: See "nursery, plant."
Pole sign: Any freestanding sign composed of a sign cabinet, backboard, frame or base and the
sign pole, or pylon by which it connects to the ground.
Political sign: Any sign which serves to influence, is intended to influence, or appears to be of
the type which is commonly erected to influence an election or ballot proposition.
Portable sign: Any movable sign, such as a sandwich board sign, which is capable of being
moved easily and is not permanently affixed to the ground or a structure or building.
[RESERVED - SANDWICH BOARD SïGN GRAPHIC - CUT & PASTE
FROM CURRENT 17.50.030(45)}
Premises: General1y throughout this title, the term indicates the building where the principal use
is located and the adjoining grounds over which the operator of the facility has direct control. For
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the specific purposes of Chapter 17.76 PTMC, the term means the real property on which the
business or other entity advertised by the sign or signs mentioned in that chapter is situated.
Preschool: A nonresidential teacher-instructed, curriculum-based educational program of under
four hours daily duration. Preschools have no state licensing procedure. For the purposes of this
chapter, preschools shall be considered equivalent to a "day care center" regardless ofthe number
of children served, except for the state licensing requirement.
Primary use: The principal or predominant use to which the property is or may be devoted, and
to which all other uses on the premises are accessory.
Principal building: See "building, principa1."
Principal use: See "use, principa1."
Printing, commercial: This includes shops specializing in printing small jobs for business clients
or the general public, such as photocopying, offset printing, or screen printing of documents,
announcements, business cards, or the like. This also may include blueprinting, computer plotting,
and similar business services. These shops may engage in typesetting, photoengraving, plate-
making, and other printing functions incidental to their primary activity; however, if they are
primarily engaged in these functions as a service to other printing businesses, they are classified
under "noncommercial printing."
Printing, noncommercial: Businesses which print books, magazines, newspapers, or other
periodicals for others. It also includes printers of maps, posters, and the like; makers of business
forms, looseleaf binders, and the like; and service industries for the printing trade, such as
engraving, typesetting, photoengraving, electrotyping and stereotyping, lithographic plate making,
and related services.
Private: Noncommercial use by the occupant and guests of the occupant.
Private clubs: Organizations that are privately owned and operated by their members and not
operated for profit, and which maintain recreational, dining, and/or athletic facilities for the
exclusive use of the members and their guests and uses accessory or incidental thereto.
Professional offices: The office of a person engaged in any occupation, vocation, or calling, not
purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some
department of science or learning is used by its practical application to the affairs of others, either
advising or guiding them in serving their interest or welfare through the practice of an art founded
thereon.
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Professional service: The conduct of business in any of the following related categories:
advertising, architecture, landscape architecture, engineering, planning, law, medicine, music, art,
interior design, dentistry, accounting, insurance, real estate, finance and securities investments,
and any similar type business.
Prohibited use: A use that is not permitted in a zoning or land use district.
Projecting sign: A sign which is attached to and projects from a structure, wall or building face
further than six (6) inches.
Public building: Any building held, used, or controlled exclusively for public purposes by any
department or branch of government without reference to the ownership of the building or of the
realty upon which it is situated.
Public facility: Any use of publicly owned land for transportation, utilities, or communication, or
for the benefit of the general public, including streets, schools, libraries, fire and police stations,
municipal and county buildings, recreational centers, and parks. Land or stru(.,tures owned,
op,r-ated, and maintained by a public agency.
Public use: The use of any land, water, or building by a public agency for the general public, or
by the public itself.
Public utility: A public service corporation performing some public service and subject to
special governmental regulations, or a governmental agency performing similar public services,
the services by either of which are paid for directly by the recipients thereof. Such services shaH
include, but are not limited to, water supply, electric power, gas and transportation for persons
and freight, telephone companies, and cable television.
Publishing: Businesses which publish and print on their premises books, magazines, newspapers,
or other periodicals. If such establishments do not perform printing on their premises, they are
defined as "business offices."
Q
Quarrying and associated activities: Operations that primarily involve surface mining or
quarrying of non-metaHic minerals such as dimension stone, crushed and broken stone, including
riprap, and sand and gravel pits. Primary preparation plants of quarried material for construction
and other special uses are also included in this definition.
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17.08.060 Definitions - R through V.
R
Radio and television studio: An establishment engaged in transmitting oral and visual
programs, and which consists of a studio, transmitter, and antennas.
Radio and television tower: A vertical structure that is intended to send or receive radio and
television communications.
Reader board: That portion of a sign on which copy may be easily changed by
manual/mechanical means or by lighting effects without reworking, repainting, or otherwise
altering the physical composition of the sign.
Real estate sign: A portable or freestanding sign erected by the owner, or his/her agent,
advertising the real estate upon which the sign is located for rent, lease or salE., or one directing to
such property.
Recreation areas: Any privately or publicly-owned passive or active park, playground, sports
field, access easement, beach, or other recreation area.
Recreation, commercial: A facility operated as a business which is designed and equipped for
leisure-time activities such as theaters, bowling alleys, museums, aquariums, public and private
recreational concessions, miniature golf, archery ranges, and amusement activities such as coin or
token-operated machines, rides, or booths to conduct games. See also "health fitness centers
club" and "dance studios," "golf courses," "country clubs," and "riding stables."
Recreation facilities: Facilities, such as boat or yacht clubs, swimming pools, athletic clubs, golf
and country clubs, for the use of the general public and operated by the g municipal corporation.
Recreational vehicle: A vehicular-type unit primarily designed for recreational, camping, or
travel use, that has either its own motive power or is mounted on or drawn by another vehicle.
The basic types of recreational vehicles include, but are not limited to, travel trailer~ hOU;:\I;;;:\, truck
campers, motor homes, boats, all terrain vehicles (ATVs), motorcycles and jet skis.
Recreational vehicle park: Land under unified control and single ownership designed and
improved to accommodate the temporary parking oftwo (2) or more recreational vehicles. The
term shall include campgrounds when designed to accommodate travel trailers, but does not
include land zoned and used for the display or sale of~ trailer~ hou~e~. For the purpose of
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this definition, "temporary parking" shall mean placement of a recreation.aJ. vehicle on a single site
for one hundred eighty days (180) or less in any twelve (12) month period.
Recycling facility: A facility for the collection and/or sorting and storage of recyclable materials
generated from domestic or small business sources, such as bottles, cans, paper, cardboard,
aluminum, and plastics. This definition does not include facilities for the processing of recyclable
materials, which are classified as a manufacturing use. Recycling facilities are further divided into
two categories:
A. Minor: Recycling facilities include bins or other temporary or pennanent facilities for the
collection of small quantities of recyclable materials to be sorted and/or processed elsewhere. A
Type I minor facility may be accessory to a primary use, such as a recycling bin at a grocery store
parking lot.
B. Major: Recycling facilities include facilities primarily dedicated to the collection, sorting,
or purchase and resale of recyclable materials.
Regional retail establishment: A large scale retail establishment planned, constructed, and
managed as a total entity, with customer and employee parking provided on-site, provision for
goods delivery separated from customer access. A regional retailer may accommodate a wide
range of retail commodities (e.g., apparel and accessories, food and sundries, consumer
electronics, hardware, building materials, sporting goods and automotive supplies), occupies
between 10 and 25 acres of land, and typically contains more than 100,000 square feet of gross
floor area. It draws its clientele from as much as a 30 minute drive away.
Residence: See "dwelling."
Residential treatment facility: A facility that provides both a residence (for varying periods of
time) and a care component. Among such facilities are group care homes, emergency or homeless
shelters (including facilities or homes for victims of violence), recovery homes, and g groUD
homes, rest and convalescent homes, and orphanages. In such a facility, services, equipment, and
safety features necessary for the proper care of residents is normally provided. Such services may
include:
A. Supervision and assistance in dressing, bathing, and in the maintenance of good personal
hygiene;
B. Care in emergencies or during temporary il1ness, usually for periods of one (1) week or
less;
C. Supervision in the taking of medication; and
D. Other services conducive to the residents' welfare.
Residential use: Use ofland or structure thereon, or portion thereof, as a dwel1ing place for one
(1) or more families or households, but not including occupancy of a transient nature such as in
hotels, motels, or time-sharing condominium uses.
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Resort: A hotel that serves as a destination point for visitors. A resort generally provides
recreational facilities for paying guests on vacation. A resort shall be self-contained and provide
personal services customarily furnished at hotels, including the serving of meals.
Rest home: See "nursing, rest or convalescent home."
Restaurant: An establishment (excluding drive-in and take-out/fast food restaurants) where food
and drink are prepared, served and consumed primarily within the principal building-
Restaurant, drive-in: See "restaurant, take-out"
Restaurant, take-out/fast food: An establishment where food and/or beverages are sold in a
form ready for consumption, where all or a significant portion of the consumption takes place or
is designed to take place outside the confines of the restaurant, and where ordering and pickup of
food may take place from an automobile.
Retail sales: Establishments primarily engaged in selling goods or merchandise to the general
public for personal, business, or household consumption and rendering services incidental to the
sale of such goods. Some characteristics of retail sales establishments are:
A. The establishment is usually a place of business and is engaged in activity to attract the
general public to buy;
B. The establishment buys and receives as well as sells merchandise;
C. It may process, repair, or manufacture some of the products, such as jewelry, baked
goods, apparel, pottery, or consumer electronics, bur where such processing, repair, or
manufacturing is incidental or subordinate to sale activities; and
D. Retail establishments sell to consumers for their own personal or household use. See also
definitions of specific retail land uses.
Retail sales area: The area in square feet devoted exclusively for the sale or display of goods or
commodities.
Retail trade: Establishments primarily engaged in providing finished products to individual
consumers. Retail trade establishments may include, but is ~ not limited to, apparel, books,
groceries, camera shops, convenience stores and automobile service stations-
Revolving sign: A sign which rotates or turns in mðtiðn in a circular pattern.
Roof sign: A sign erected upon or above a roof of a building or structure.
Rooming house: See "lodging house."
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Rummage or other outdoor sale: Informal sales sponsored and organized by nonprofit
organizations, such as churches, schools, and community centers. They are recurrent
neighborhood social events, held for a few days once or twice a year., year c1fier year in the
neighborhood. Profits are charitable funds received by the sponsoring organization. Persons
working at the sale are unpaid volunteers, who are members of the organization. See also, "yard
or garage sale."
s
Sandwich board sign: See "portable sign."
Sanitarium: See "hospital."
Satellite dish, commercial: [RESERVED.]
Satellite dish, noncommercial: A circular or parabolic (dish-shaped) de-vtce antenna of solid or
mesh construction, designed and erected for the purpose of receiving telecommunication signals.
Noncommercial sateHite dishes shall not e?)ceed 10 feet in diameter. Satellite dishes are subject to
the setback requirements for the zoning district in which they are located.
School: A place for systematic instruction in any branch or branches of knowledge, including
elementary and junior and senior high schools, whether public, private, or parochial.
School, commercial: A building where instruction is given to pupils in arts, crafts or trades, and
operated as a commercial enterprise as distinguished from schools endowed and/or supported by
taxation.
Secondary use (incidental or accessory): A minor or second use for which a lot, structure or
building is designed or employed in conjunction with but subordinate to its primary use.
Self-service laundry: See "laundromat"
Semiprivate facility: Any facility to which a class or a group of the public is permitted to attend
or use subject to the regulations of a club or other organization owning or regulating such facility.
Service build~ng (nl0bile home park): A stJ\¡cture ðn a permanent foundation, built to UDC
specifications, to be used by all residents of the n1ðbile hðlne park. These may include, but are not
limited to clubhðuse, laundry facilities, and similar structures.
Servicej personal: See "Personal service."
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Service and repair shop: An establishment providing major repair and/or maintenance of motor
velùcles, equipment or major appliances, including, but not limited to: mechanical repair;
replacement of parts; body repair; painting; engine overhaul; or other major repair or
maintenance, including operations which may require open flame or welding.
Service station, automotive and marine: A building or structure designed or used for the retail
sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air,
water, and other operating commodities for motor vehicles or boats. The cross section areas of
service station canopy supports where they meet the ground shall be measured as coverage for the
purposes of determining maximum lot coverage, and also shall be used for measurement of
setback requirements. Automobile service stations may include the following: customary space
and facilities for the installation of such commodities on or in such velùcles; space for facilities for
the storage, minor repair, or servicing of such vehicles, and space for car washing. Automobile
service stations may not include painting operations.
Servicing of personal apparel and equipment: A business primarily engaged in the upkeep of
personal or small household belongings. Such businesses include, but are not limited to: tailors;
locksmiths; piano tuners; or businesses which repair shoes, cameras, small appliances, or
consumer electronics.
Setback (yard requirements): The distances that buildings must be removed £'0111 their distance
between a buildimz and its 19t lines. Setbacks shall be measured, where applicable, from proposed
or actual public or private street right-of-way lines.
Shelter, emergency: See "residential treatment facility."
Shelter station: A shelter for the protection from the elements .fur of the waiting customers of a
public transportation system.
Shopping center: A group of arclùtecturally unified commercial establishments built on a site
that is planned, developed, owned, and managed as an operating unit related in its location, size
and type of shops to the trade area which the unit serves.
Shopping mall: A shopping center with stores on one (1) or both sides of a covered and
enclosed pedestrian walkway.
Shoreline Master Program: The Shoreline Management Master Program for Jefferson County
and Port Townsend, Waslùngton, adopted March 7, 1989, or as later amended.
Single-family dwelling: See "dwelling, single-family."
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Sign: Any object, structure or portion thereof, other than a flag or government symbol, which
contains advertising and which is visible from any right-of-way open to the public.
Sign area: The entire area of a sign on which the copy is to be placed including both sides of a
double-faced sign. Sign areas shall be calculated by measuring the area of the smallest square,
circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the
advertising copy, together with any material or color forming an integral part ofthe background
of the display or used to differentiate the sign from the backdrop or structure against which it is
placed, but not including any supportive framework, bracing, architectural embellishments or
decorative features or fences or walls which contain no written copy or other advertising and
when any such fences or walls otherwise meet the requirements ofthis title and are clearly
incidental to the display itself
Sign face: Any surface of a sign upon which there is lettering or other advertising.
Sign height: The vertical distance from grade to the highest point of a sign or any projection
thereof
Sign structure: Any structure which supports or is capable of supporting any sign as defined in
this chapter. A sign structure may be a pole or poles, or may be an integral part of a building.
Structures which perform a separate use, such as a telephone booth, bus shelter, recycling or used
goods container, etc., shall not be considered a sign structure.
Small animal husbandry (commercial): The raising of mink, fox, nutria, rabbits, pigs, sheep,
goats, chickens, turkeys, guinea hens and similar sma]) animals and fowl not for the primary
consumption of or used by the occupants of the premises.
Small animal husbandry (noncommercial): The raising of small animals for the primary
consumption of or used by the occupants of the premises.
Solid planting: A planting of evergreen trees and shrubs which will prevent a thorough and
unobscured penetration of sight or light.
Solid waste facility: Any land or structure where solid waste is stored, collected, transported, or
processed in any form, whether loose, baled or containerized, including but not limited to transfer
stations, landfills or solids waste loading facilities. "Solid waste facilities" do not include:
A. Handling or disposal of solid waste as an incidental part of an otherwise permitted use;
and
B. Solid waste recycling and reclamation activities not conducted on the same site as and
accessory to the handling and disposal of garbage and refuse.
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Sorority: See 'Ifraternity," ¡'sorority" or "student c:ooperative." "Fn .ternìtY. ~orQrity or ~luðent
cooperative. "
Specialty stores: Stores selling antiques, sporting goods and bicycles, marine supplies, glassware
and chinaware, books, videos (including rentals), music, cards and stationary, jewelry, toys, hobby
supplies, cameras, gifts and souvenirs, sewing supplies, flowers, tobacco products, religious
supplies, consumer electronics, personal computers, or other miscellaneous goods. It also
includes second-hand stores and pawn shops.
Stables, private: An accessory structure providing shelter for horses, or ponies~
Stables, riding: Means any An establishment where horses are kept for riding, driving or stabling
for compensation or as an accessory use in the operation of a club, association, ranch or similar
establishment.
Stadium, arena and assembly hall: A large open or closed place used for games and major
events and partly or completely surrounded by tiers of seats for spectators.
Stock in trade: Purchased finished goods for resale, not including samples.
Storage, outside: The safekeeping of any goods or products in an unoccupied space, open to the
sky, for eventual removal not expected within seventy-two (72) hours or for continuous
replacement by same or similar goods or products. See also. "Qutdoor storage."
Story: That part of a building lying between two floors or between the floor and ceiling of the
highest usable level in the building.
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Streamer: An attention-attracting device consisting of two or more pelU1ants, balU1ers, balloons,
ribbons, reflectors, fringes or similar objects strung together on a common line, pole, or sign
structure, or attached to one or more products offered for sale.
Street: A public or private way open to the general public, which affords the principal means of
access to abutting properties. The term includes all classes of roadways (including major internal
circulation corridors within parking lots) excepting alleys and driveways.
Street frontage: A side of a building which contains an entrance open for public use and which
side also faces an abutting street.
Street frontage, primary: The fineallength of the street frontage on which the main entry is
located; provided that, in the event the main entry is located on a corner of the building or on a
side other than a side which abuts a more heavily traveled street, primary street frontage shall be
determined as if the main entry were on the side which abuts the more heavily traveled street.
Structural alterations: Any change in load or stress of the loaded or stressed members of a
building or structure.
Structure: A combination of materials constructed and erected permanently on the ground or
attached to something having a permanent location on the ground. Not included are residential
fences less than six feet in height, common roof-top residential television antennae, retaining walls
less than four feet in height, rockeries and similar improvements of a minor character less than
three feet in height.
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Structure, historic: Any structures individually listed on the National Register of Historic
Places, or identified as pivotal, primary, or secondary on the map which accompanied the
certification of the Port Townsend National Register Historic District on May 17, 1976.
Structure, nonhistoric: Any structure not identified as an "historic structure" pursuant to this
section.
Substantial impact facility: Any of the following uses, structures, or facilities:
A. Electrical generation facilities;
B... Electrical substatiQO$;
C. State educational facilities;
D. State or regional transportation facilities;
E. Solid waste facilities;
F. Airports;
G. State and local correctional facilities;
H. In-patient treatment facilities and group homes; and
I. Public stadiums, arenas and assembly halls.
Swap meet: Any outdoor place, location, or activity where new or used goods or secondhand
personal property is offered for sale or exchange to the general public by a multitude of individual
licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to
prospective buyers for admission, or a fee may be charged for the privilege of offering or
displaying such merchandise. The term swap meet is interchangeable with and applicable to: flea
markets, auctions, open air markets, farmers markets, or other similarly named or labeled
activities; but the term does not include the usual supermarket or department store retail
operations.
Symbol sign: A projecting sign consisting exclusively of a symbol, picture or object which
represents the specific products or services available on the premises, and which sign does not
include any lettering, numerals or registered trademarks.
T
Tattoo parlor: Any enterprise that provides the services to create an indelible mark or figure
fixed upon the surface of the body by the insertion of pigment under the skin.
Tavern: A building where beer and/or wine is served to the public, which holds a class "A" or
"B" license from the Washington State Liquor Control Board.
Telecommuniçation faciliti~s:. (RESERVED)
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Temporary building or structure: A building or structure not having or requiring permanent
attachment to the ground or to other structures.
Temporary sign: Any sign or advertising display constructed of cloth, canvas, light fabric,
paper, cardboard, or other light materials, without frames, which is displayed for a limited time
only. Residential yard signs and signs painted on window surfaces which are readily removed by
washing shall also be considered temporary signs.
Temporary use: A use. establishe.d for a specified period of time, with the intent to discontinue
the. use. at the. e.nd of the. designate.d thue. period. S_ee.IIVse. tempQraJ"y-1I
Theater: A building or part of a building, devoted to showing motion pictures, or for dramatic,
musical, or live performances.
Tourist home: A building which provides the primary residence for the owners and which offers
not more than two guestrooms for hire to transient guests for sleeping purposes only. A tourist
home or a portion thereof may be located in an accessory building which was lawfully established
prior to June 1, 1989. A tourist home is a "transient accommodation" and shall conform to the
definition thereof
Tower: Any structure whose principal function is to support an antenna, or has been built to
store water or to provide air traffic control services. As used in Chapter 17.30 PTMC,
"Waternont Design Guidelines Overlay District," the term means a building or structure typically
higher than its diameter and high relative to hieher than its surroundings that may stand apart
(e.g., a campanile), or be attached (e.g., a church belfry) to a larger structure.
Townhouse or rowhouse: A single family-dwelling unit which is pal t of a group of fIve or more
such units se.parated by a compktely independent structural wAl~(induding utilities in separate
walls), e.xtending from the ground to the roof and which has no doors, windows or other
provisions for hunlAn passage or visibility through the. wall. Such dwelling units are. platted with a
prope.rty linE. eAh.:.nding from a front to rear property line and be.tween the structural walls. A
one-family dwellinc in a right-of-way of at Jc:ast three such units in which each unit has its own
front and rear access to the outside, no unit is located over another Ut1jt, and each unit is
separatc:d trom any other unit by one or more vertical common fire resistant walls. For purposes
of this title. townhouses Qr rowhouses of five (5) or more residential units are considered multi-
family dwellings. See also, "duplex," "triplex," "fourplex," "dwelling, single-family attached," and
"dwelling, multi-family."
Trailer sign: A sign used for advertising purposes mounted on a vehicle normal1y licensed by the
state as a trailer.
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Transient accommodation: A building, structure or facility, or any part thereof, such as a bed
and breakfast inn, inn, hotel, motel, motor hotel, tourist home, condominium 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 ofless 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 of30 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 proofby
a preponderance of the evidence.
Travel trailer house: Temporary living quarters capable of being pulled by a towing vehicle.
Trellis: A structure vf tþin strips. especially of wood, crossing one another in an open
pattern of squares, diamonds, etc., on whjçh vines or other creepin2 plants are trained.
Triplex: A building containing three dwelling units, each of which has direct access to the
outside or to a common hall hallway which access(:$ the QlJtside. For purposes of this title,
triplexes are considered single-family dwellings within R-I and R-II districts, provided that the
base density requirements of the district are not exceeded (i.e., four dwelling units per acre within
the R-I district; eight dwelling units per acre within the R-II district).
Truck, trailer, and recreational vehicle rental: Businesses primarily engaged in short-term
rental or extended-term leasing of trucks, truck-tractors, semi-trailers, moving vans, utility
trailers, recreational vehicles, and the like. Finance (equity of full-payout) leasing of trucks,
trailers, and recreational vehicles is classified with "motor vehicle sales."
u
Urban Wateñront Plan: The Port Townsend Urban Waternont Plan: Preferred Alternative,
dated November 8, 1990, and adopted by Ordinance No. 2216 on December 4, 1990, as revised
and published as the "Port Townsend Urban Waterfront Plan" pursuant to Section 5 of Ordinance
No. 2216. The city shall refer to the Urban Waterfront Plan to assist in interpreting and
determining the intent of the design guidelines established in Chapter 17.30 PTMc.
Use: The purpose 1b.a1land, or buildings, or structures now serve or for which it-ts they are
occupied, maintained, arranged, designed, or intended.
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Use, accessory: See "accessory use."
Use, agricultural: See "agricultural use."
Use, commercial: See "commercial use."
Use district: A portion or portions of Port Townsend designated on official zoning maps as one
or more of the categories listed and described in this title.
Use, non-conforming: See "non-conforming use."
Use, principal: The main use ofland or buildings as distinguished from a subordinate or
accessory use.
Use, temporary: A use established for a fixed period of time with the intent to discontinue such
use upon the expiration of such time. Such uses do not involve the construction or alteration of
any permanent structure.
Used car lot: Any place outside a building where two or more automobiles are offered for sale
or are displayed.
v
Variance: The means by which an adjustment is made in the application of the specific
regulations of this title to a particular piece of property, which property because of special
circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in
the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a
form of special exception.
Variance, minor: A variance which:
A. Is to permit expansion of an existing building which would extend no more than 10
percent beyond the setback and bulJç requirements established in Chapters 17.16 through 17.24
PTMC; or
B. Is to permit expansion of an existing building which is nonconforming as to setback or lot
coverage requirements and the proposed expansion would:
1. Not increase the extGnt Of degree of nonconformity of the building; or expansion; and
2. Not result in any portion of the building or expansion being located closer to an
abutting property line than does the existing building at its nearest point to said property line.
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Veterinary hospital or clinic: Ste "ltðspital, animal." A building or premises for the medical or
surgical treatment of animals or pets, including do&. cat and veterinary hospital$... including the
boarding ofþQspitalized animals, but excluding the boarding of animals not subjected to medical
or surgical treatment.
Video sales and rental: Commercial establishments engaged in the sale and rental of video
equipment, tapes and accessories for home entertainment.
17.08.070 Definitions - W through Z.
w
Wall: See "fence."
Wall sign: A sign which is attached parallel to, and within six inches of, a wall, which is
supported by and confined within the limits of such wall, and which displays only one sign surface.
Water park: A commercial recreational facility that contains a variety of water-oriented
activities such as, but not limited to, water slides and swimming pools. Such facilities may be
found in association with a larger recreational activity.
Welding and fabrication: A business engaged in stamping or shaping pieces of metal which are
then connected by heat until molten and fused, in order to manufacture, service, or repair sheet
metal products.
Wholesaling: The sale of goods or commodities usually in bulk or large quantities and usually at
a lower cost to a retailer for resale. Such sales activity takes place in establishments or places of
business primarily engaged in selling merchandise to retailers; to manufacturing, commercial,
institutional, or professional business users; or to other wholesalers, or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals or companies.
Window sign: A sign placed upon the interior or exterior surface of a window, or placed inside
the window within three feet of the window, which faces the outside and which is intended to be
seen primarily from the exterior.
x
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y
Yard: An open space in ITont, rear or side on the same lot with a building or proposed building.
Yard, front: An open space extending ITom 30 inches above the general ground level at
the ITont lot line to the building line and including the full width of the lot to its side lines.
Yard or garage sale: Informal sales held by occupants of private households from their dwelling
premises. Items sold are household articles used and accumulated over several years as part of
every day living, and minor and obsolete or worn small business items. Yard sales are held only
for a few days, once or twice a year, and are sufficiently informal that they do not require sales tax
permits or any type of sales license. See also, "rummage or other outdoor sale."
Yard, interior side: The side yard adjacent to another building site.
Yard, rear: An open space extending ITom 30 inches above the general ground level at the rear
lot line to the building line and including the full width of the lot to its side lines.
Yard, service: An open area, usually paved, with access to a street or alley, to allow vehicular
access to a building or use for purposes of loading or unloading equipment, ITeight, livestock or
people.
Yard, side: An open space extending ITom 30 inches above the general ground level at the front
yard to the rear yard and from the building line to the side lot line.
z
Zero lot line: The location of a structure on a lot in such a manner that one or more sides ofthe
structure rests directly on a lot line.
Zone, zone district: A defined area of the city within which the use ofland is regulated and
certain uses permitted and other uses excluded as set forth in this title.
Zoo: A place where non-domesticated animals are kept, often in a combination of indoor and
outdoor spaces, and are viewed by the public.
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Chapter 17.12
ESTABLISHMENT OF ZONING DISTRICTS
Sections:
17.12.010 Intent.
17.12.020 Establishment of districts.
17.12.030 Official zoning map.
17.12.040 Boundaries - Attesting regulations.
17.12.050 Boundary interpretation.
17.12.010 Intent.
The purpose of this chapter and Chapters 17.16 through 17.24 PTMC is to establish districts
wherein compatible uses ofland may be located and grouped to create, protect and maintain a
desirable living environment for the citizens of Port Townsend. Five broad categories of uses are
established:
A. Residential;
B. Mixed Use;
C. Commercial;
D. Marine-Related and Manufacturing; and
E. Public, Park, and Open Space.
It is the intent ofthis chapter and Chapters 17.16 through 17.24 PTMC to stabilize and protect
the uses contained within these districts by excluding mutually interfering uses and to allow a
maximum degree oflatitude within the regulations to promote residential harmony, conduct
profitable business, or contribute to the economy of the community. It is also the purpose ofthis
classification to make it possible to more efficiently and economically design and install all
physical public service facilities in terms of size and capacity to adequately and permanently meet
needs resulting ITom a defined intensity of land use and to provide for the health, safety, morals,
prosperity and well-being of the community at large.
17.12.020 Establishment of districts.
The City of Port Townsend shall be divided into zoning districts that are consistent with, and
implement the Port Townsend Comprehensive Plan. The following districts are hereby
established:
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Zone
R-I
R-II
R-III
R-IV
C-IIMU
C-lIIMU
C-I
C-II
C- II(H)
C-III
C-IV
M/C
M-I
M-II(A) (Boat Haven)
M-II(B) (Point Hudson)
M-III
P/OS(A)
P/OS(B)
P-I
Description
Low Density Single Family
Medium Density Single Family
Medium Density Multi-Family
High Density Multi-Family
Neighborhood Serving Mixed Use Center
Community Serving Mixed Use Center
Neighborhood Commercial
General Commercial
Hospital Commercial
Historic Commercial
Regional Commercial
Mixed Light Manufacturing and Commercial
Light Manufacturing
Marine-Related Uses
Marine-Related Uses
Heavy Manufacturing
Existing Park and Open Space
Mixed Public/Infrastructure/Open Space
Pub Ii c/Infrastru ctu re
Maximum Density
4 d.u. per 40,000 s.f area
8 d.u. per 40,000 s.f area
16 d.u. per 40,000 s.f area
24 d.u. per 40,000 s.f area
16 d.u. per 40,000 s.f area
24 d.u. per 40,000 s.f area
17.12.030 Official zoning map.
The locations and boundaries of the zoning districts shall be as shown on the map, entitled,
"Official Zoning Map, Port Townsend, Washington." The official zoning map and all the
notations, references, and amendments thereto and other information shown thereon are hereby
made a part of this title, just as if such information set forth on the map were fully described and
set out herein. In the case of any conflict between said map and the text of this title, the text of
this title shall prevail. The official zoning map, attested by the signature of the mayor and the city
clerk, with the. seal of the municipality afLxed, shall be kept on file in the office of the city clerk,
and available for inspection by the public at the building and community development department.
17.12.040 Boundaries - Attesting regulations.
The boundaries of such districts are as shown upon the official zoning map, which is hereby
adopted. The provisions of this title are attested by the signature of the mayor and the city clerk,
with the seal of the municipality affixed, and shall be kept on file in the office ofthe city clerk.
Copies shall be available for inspection by the public.
17.12.050 Boundary interpretation.
Where uncertainty exists as to boundaries of any district shown on said map, the following rules
shall apply:
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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.
B. Where a boundary divides a lot, the district classification that has been applied to greater
than 50% of said lot shall apply to the entirety thereof
C. Where a district boundary divides a parcel, the location of the boundary, unless indicated
by dimension, shall be determined by referencing the adopted comprehensive plan land use map
and legal description of the parcel.
D. Where any public right-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 fonns the outside
bOuOd'lfY of, a recorded plat in which case the land use district regulations applied to the abutting
property shall thereafter extend through the entire vacated or abandoned right-of-way.
E. In case any uncertainty exists, the Director shall detennine the location of the district
boundary, pursuant to Chapter 17.90 ftZ PTMC ~nd Chapter ZO,OZ PTMC.. a:i appUçable.
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Chapter 17.16
RESIDENTIAL ZONING DISTRICTS
Sections:
17.16.010 Purposes.
17.16.020 Residential zoning districts - Permitted, conditional and prohibited uses.
17.16.030 Residential zoning districts - Bulk, dimensional and density requirements.
17.16.010 Purposes.
A Residential Districts - The general purposes of the residential districts are as follows:
1. To provide a sustainable residential development pattern for future generations.
2. To encourage development of attractive residential areas that provide a sense of
community and contain a variety of housing types to accommodate different lifestyles and
household sizes.
3. To maintain or improve the character, appearance, and livability of established
neighborhoods by protecting them from incompatible uses, excessive noise, illumination, glare,
odor, and similar significant nuisances.
4. To establish a compact growth pattern to efficiently use the remaining developable
land; enable cost effective extension and maintenance of utilities, streets, and transit; and enable
development of affordable housing.
5. To enable community residents to reside and work within walking or bicycling
distance of transit, employment centers, and businesses offering needed goods and services in
order to reduce traffic congestion, energy consumption, and air pollution.
6. To provide for development of neighborhoods with attractive, well connected streets,
sidewalks, and trails that enable convenient, direct access to neighborhood centers, parks, and
transit stops.
7. To ensure adequate light, air, and readily accessible open space for each dwelling unit
in order to maintain public health, safety, and welfare.
8. To ensure the compatibility of dissimilar adjoining land uses.
9. To protect or enhance the character of historic structures and areas.
10. To provide residential areas of sufficient size and density to accommodate the city's
projected population growth, consistent with Section 36. 70All 0 RCW.
11. To preserve or enhance environmental quality and protect groundwater used as a
public water source from contamination.
12. To minimize the potential for significant flooding and allow recharge of groundwater.
13. To allow innovative approaches for providing housing, consistent with the policies of
the comprehensive plan.
E. The additional purposes of each individual residential district are as follows:
1. R-I - Low Density Single-Family: This district accommodates single-family residences
(including duplexes, triplexes, and fourplexes) at a density of up to 4 dwelling units per 40,000
square foot area (i.e., 10,000-square-foot minimum lot size, or approximately 4 dwelling units
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within 1 block of platted land). It allows four or fewer single-family dwelling units to be
contained within one structure upon condition of sufficient tract size: 20,000 square feet for a
duplex; 30,000 square feet for a triplex; and 40,000 square feet for a fourplex. This zoning
district has been applied only in the northwestern portion of the city, because of stormwater
related development constraints. The district accommodates single-family development at
densities that maintain and promote the "small town" character of Port Townsend, while ensuring
that the environmental quality (particularly as it relates to stormwater control) of the area is not
adversely impacted. Higher densities could be pennitted in these areas through approval of a
Planned Unit Development (R-PUD) overlay designation pursuant to Chapter 17.32 PTMc.
2. R-II - Medium Density Single-Family: This district accommodates single-family
dwellings (including duplexes, triplexes, and fourplexes) at a density of up to 8 units per 40,000
square foot area (i.e., 5,000-square-foot minimum lot size, or approximately 8 dwelling units
within I block of platted land). It al1ows four or fewer single-family dwelling units to be
contained within one structure upon condition of sufficient tract size: 10,000 square feet for a
duplex; 15,000 square feet for a triplex; and 20,000 square feet for a fourplex. The R-II district
corresponds closely to those areas of town that are currently platted to 8 lots a per block, include
few development limitations, and which are in proximity to existing public facilities and services.
3. R-III - Medium Density Multi-Family: The R-III district accommodates smaller scale
multi-family structures (e.g., 5 to 12 dwellings per structure) at a density of up to 16 units per
40,000 square foot area. The intent of this district is to provide a broad range of housing
opportunities; to provide a variety of housing types and styles; and to provide for development
with a density and configuration that facilitates effective and efficient transit service. Although
multi-family development is encouraged in these areas, single-family residences continue to be an
allowed use. This district includes areas along arterial and major collector streets with existing or
planned transit service.
4. R-IV - High Density Multi-Family: This district accommodates larger scale multi-
family structures (e.g., 10 to 24 dwellings per structure) at a density of not less than 17 units per
40,000 square foot area, or more than 24 units per 40,000 square foot area. A minimum density
has been specified for this district in order to discourage use of this land for subordinate, lower
density, single--fan1ily development. This district includes areas designed to be compatible with
adjoining uses; to provide for development with a density and configuration that facilitates
effective and efficient transit service; and to enable provision of affordable housing.
L Acce~~ory Dwelling Unit~: This chapter provides standards for the establishment of
acçessory dwelling unjts within the structure of a single-family residence or an outbuilding which
is accessory to s!,lch residence. Acç¡essory dwellinc units are allowed iT) order to:
L Allow more energy efficient use of]arge, older homes:
2. Provide mQre affordable ho\,Jsing opportunitie& for Port Townsend residents;
1.. Provide additional density with minimal cost and disruption to existing neißhborhoods;
aml
4. Allow indiyiduals and smaller households to retain large houses as residence~.
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17.16.020 Residential zoning districts - Permitted, conditional and prohibited uses:
Accessory dwelling units.
A. Table 17.16.020 PTMC identifies land uses in the residential 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 O\Jtright, additional permits may be reqqired
for certain project$. For example, multi-family residential dey~lopment project appliç~nts must
prOCLJn~ a Type I permit in accordance with Ch'Wter 17.36 PTMC, "MyJ¡i-family Residential
DevelopmeIlt Standards." Uses not specifically identified within Table 17.16.020 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 17.16.020 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 .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 aU uses, even if
not noted in Table 17.16.020.
.c... Accessory DweUin~ Units: Limitations on use. One accessory dweUing unit (ADU) may
be established a:> an accessory use to a single-family residence provided the followiJ1g çonditions
are continuously met:
1.. A certificate of occupancy pursuant to the Uniform Building Code shan be obtained
from the building official and posted ViiJþin the ADD. The code inspection and compliance
required to obtain a certificate of occupancy in an existing building shall be restricted to t}1e
portion of the building to be occupied by an ADU and shan apply only to new construction rather
than existing components, e})cept that any high hazards (i.e., smoke detectors, fire exits.
stairways, LP gas appliances and .fire ~eparation) shall be corrected. Where additional fire
separation is unduly burdensome. the building official may authorize a fire alarm system in lieu of
required fire separation.
2. The owner of the subject property shaH resiqe op the premises, whether in the main or
accessory dweUing~ provided, that in the event of illness. death or aIDer unfQreseeabl~ event which
prevents tÞe Qwer'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 aQditional 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 aU of the requirements of this section except owner-occupancy, the ADU
may continue without occupancy by the owner until th~ property is SQld. exçhanged or othef'¥ise
transferred to a different owner.
.l. Neither the main or accessory dweUing unit shall be used as a transient
accommodation.
1.. ADUs established in an outbuilding shan not exceed 800 sqUijJe f~et ill floor area. and
under no circumstance shan the total lot coverage of the primary residence along with the ADU
04/07197 City Council FINAL DRAFT-Title 17
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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 ofthe portion of the
outbuilding occupied by the ADU exceeds 50 percent ofth~ total floor area of the majp residence
buildif\i.
.i. In order to preserve the outward appeara{lce of singie-fSimily neighborhoods, the front
9fthe house shall have onl)! one exterior entrance.
Q... An ADU may be established in a r~sidence or outbuilding which js legal,
nonconforming wi!h respect to required setbacks if entrances are no closer thé\n five feet to
neighboring property lines, aI)d 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 ftont or rear property line is
permanently ¥laz;ed with translucent material; provided that the director may pewit an entrance (\S
clo$e as three feet t9 a neighborifli property line upon a finding that IlO feasible alterna.tive exists.
1... No addittonal off-street Pélfkin~ is required to establish an ADU, provided that the
off-street parking requirements for the other uses on the site are continuously IT)~t,
It Accessory Dwelling Units: Exception for legal, nonconforming accessory dwl;(lling units.
Notwithstanding the provisions of Section C herein, in the case of an ADU established prior to
August 17. }971 and continuolJsly occupied thereafter, the ADD mAY continue without
compliance with ~ubsections 17.48..030(B) and 17.48.030(D) PTMC, provided a certificate of
occupancy is obtained pursuant to subsection 17.48.030(A) PTMC. [Note: The fee for
inspection and issuance of a certificate of occupancy for an accessory dwellinB unit shall be the
same as that established in the currently adopted Uniform lJuilding Code for a special inspection.
For the purposes of determining system qt:velopment charg-es or ptility or infrastructlJre
requirements. a sin.g-Ie-family residence w.ith an accessory dwellif\i unit which does not separately
connect to city water or sewer service shall have the same char¡es and the same requirements as a
siog-le-family residence withO1.~t an accessory dwellif\ß \lnit].
EJJ1cidental uses which are identified in this Title as prohibited or conditional uses within the
applicable zoning district shall be considereð conditional and proces$ed as a minor CUP (Type II)
in accordance with Chapter 20.01 subject to the approval criteria codified in CbSipter 17.84
PTMC,
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Table 17.16.020
Residential ZoninJ Districts - Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT R-I R-II R.III R-IV APPLICABLE REGULATIONS/NOTES
SINGLE-FAMILY RESIDENTIAL USES
Accessory dwelling units P P :e X Ch. 17.48 PIMC, "Accessory Dwelling Units"; and
§ 17.16.030 PIMC, "Residential bulk, dimensional and
density requirements." For ADUs in the R-III zone, the
ADU shall be counted toward the maxi..mum \1ousing.density
IlHfovided in § 17.16.030 rIMe.
Efficiency dwelling units P P P P § 17.16.030 PIMC. "Residential bulk. dimensional and
density requirements."
Manufactured homes (on P P P X Ch. 17.64 PIMC, "Manufactured and Mobile Home Parks";
individual lots) manufactured homes are prohibited within the limits of the
Port Iownsend National Register Historic District, but
allowed on individual lots in R-I, R-II and R-III zoning
districts; and § 17.16.030 PIMC, "Residential bulk,
dimensional and density requirements."
ManufaGtwcd and lnobilG e e * * Cb. 17.64 rIMC, "Mð-nufacturcd ð-nd Mobile IIon1c rð-rks",
bOtH<- I'arks and § .16.030 rIMC, "RGsidc;ntial bulk, dil11cmiünal and
dmsity rGquir<;n1c;nls."
Mobile homes and trailer X X X X
homes (on individual lots)
Single-family dwellings
(including duplexes, triplexes, * § 17.16.030 rIMC, "Residential bulk, dimensional and
and fourplexes which meet P P P
the base density requirements :e density requirements."
of the applicable district)
MULTI-FAMILY RESIDENTIAL USES
Apartment houses X X P P Ch. 17.36 PIMC, "Multi-Family Residential Development
Standards"; and § 17.16030 PTMC, "Residential bulk,
dimensional and density requirements"
Boardinghouses (4 or fewer P P P P Same as above.
roomers) and lodging and
rooming houses (5 or more
roomers)
Congregate Care Facilities X C P P Same as above.
Foster homes :e :e :e :e SttlJ1e as above.
Fraternities, sororities and X X C C Same as above.
student cooperatives
Multi-family dwellings X X :e :e Same as above.
Nursing, rest, or convalescent X X P P Same as above.
homes (3 or more persons)
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Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT R-I R-II R-III R.IV APPLICABLE REGULATIONS/NOTES
"Group Homes" are considered an "essential public facility"
Residential treatment under RCW 36.70A.200~ ". . . their siting cannot be
facilities including group C C C C precluded by development regulations. . ."~ and § 17.16.030
homes for the disabled PIMC, "Residential bulk, dimensional and density
requirements."
Townhouses or rowhouses X X P P Ch. 17.36 PIMC, "Multi-Family Residential Development
(zero lot lines) Standards"~ and § 17.16.030 PTMC, "Residential bulk,
dimensional and density requirements."
COMMERCIAL USES
Bcd and breakfast inns C C C C § 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Child day care centers, child Ch. 17.52 PTMC, "Day Care Facilities"~ and § 17.16.030
day care facilities, and C C C C PIMC, "Residential bulk, dimensional and density
preschools requirements."
Family day care homes P P P P Same as above.
Home occupations P P P P Ch. 17.56 PTMC, "Home Occupations"~ and § 17.16.030
PTMC, "Residential bulk, dimensional and density
requirements. "
Tourist homes C C C C § 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
ACCESSORY USES
Accessory buildings and P P P P § 17.16.030 PIMC, "Residential Bulk and Dimensional
accessory structures Requirements."
Fuel oil and kerosene Such containers require a pennit and inspection pursuant to
containers P P P P Ch. 16.04 PIMC, "Building and Construction," may only be
pennitted for domestic heating purposes, must be located
above grOlUld, and may not exceed 750 gallons capacity.
Garages, private residential P P P P § 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Satellite di~he~ and antelmae P P P P Same a5 abovc.
AGRICULTURAL USES
Barns P C X X § 17.16.030 PTMC, "Residcntial bulk, dimensional and
density requirements."
Crop or tree fanning (no retail P C X X
sales)
Stables, private and riding P C X X § 17.16.030 PIMC, "Residential bulk, dimensional and
density requirements."
Plant nurseries, landscaping C C X X Same as above.
materials, greenhouses
(commercial)
04/07/97 City Council FINAL DRAFT-Title 17 -64-
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT R-I R.II R-III R-IV APPLICABLE REGULA TIONSINOTES
Small animal husbandIy. h £ £ £ Samcr as above.
commercial
Small animal husbandIy. non- £ £ £ £ Same as above.
commercial
Concession stands, P C X X § 17.16.030 PIMC, "Residential bulk, dimensional and
agricultural or produce density requirements"; temporary agricultural or produce
stands are subject to Ch. 17.60 PlMC, "Temporary Uses."
OTHER USES
Stadiums, arenas and C C X X § 17.16.030 PlMC, "Residential bulk, dimensional and
assembly halls density requirements. "
Cemeteries C C X ex
Churches C C C C Church buildings must comply with the requirements of §
17.16.030 PlMC, "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 Unifonn Building Code
§ 506, "Maximum Height of Buildings and Increases."
CommWlÎty clubhouses P P P P § 17.16.030 PTMC, "Residential bulk, dimensional and
density requirements."
Fraternal organizations C C C X Same as above.
Kennels, animal C X X X Same as above.
Public facilities P P P P Same as above.
Radio, television and other C C C C Such facilities are allowed in all zoning districts subject to
telecommunications towers the conditional use pennit requirements of Ch. 17.84 PIMC;
and IIn~,U1I1G however, such facilities are prohibited within the limits of
the Port Townsend National Register Historic District; and §
17.16.030 PIMC, "Residential bulk, dimensional and
density requirements," except as provided in applicable
Federal Communications Commission rules and tcr21)!ations:
see cþ. 17.78 PIMC.
Satellitcr Qi~hes and antennae £ £ £ £ Satellite dislws and antennae shall meet the requirements of
§ 17.l6,Q30 PIMC. "Residential bulk, dimensional and
density requiremcrnts." except as provided in appJjcal1k
federal Communications Commission rules and reßulatiof\s~
see Cp. 17.78 PIMe.
Schools, colleges (public or C C C X § 17.16.030 PIMC, "Residential bulk, dimensional and
private) density requirements."
V eterinary hospitals C X X X Same as above.
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Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT R-I R-II R~III R-IV APPLICABLE REGULA nONS/NOTES
TEMPORARY USES
Contractor offices and model P P P P § 17.16.030 PTMC, "Residential bulk, dimensional and
homes density requirements"; and Ch. 17.60 PlMC, "Temporary
Uses."
Rummage or other outdoor P P P P Ch. 17.60PTMC, "Temporary Uses."
sales
Yard or garage sales P P P P Same as above.
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17.16.030 Residential zoning districts - Bulk, dimensional and density requirements.
A. The standards contained in Table 17.16.030 PTMC apply to an residential zoning districts,
and shall be determined to be minimum requirements, unless stated as maximum by this title.
B. Exceptions. The rear setbacks provided in Table 17.16.030 shan not apply to accessory
structures smaller than 120 square feet in building coverage and 10 feet in height, provided that all
such accessory structures shan be a minimum offive feet from rear lot and/or property lines. and
10 feet £"111 any building on adjacent propel ties.
C. Setbacks and minimum yard requirements. Notwithstanding any other ordinance or
provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the
building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a
roof of a building may extend beyond the building line a maximum distance of two feet into the
applicable minimum yard area.
D. Construction and permits. From and after the effective date of the ordinance codified in
this section, no building permit shan be issued and no building shall be constructed on any tract,
lot or site in the city unless the building is situated on such tract, lot or site in conformance with
the requirements of Title 17 PTMC and any other applicable provision oflaw.
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Table 17.16.030
Residential Zoning Districts. Bulk, Dimensional and Density Re( uirements
DISTRICT R-I R-II R-III R-IV
MAXIMUM
HOUSING
DENSITY
(units per 40,000
square foot area)
MINIMUM
AVERAGE
HOUSING
DENSITY
(units per 40,000
square foot area)
MINIMUM LOT
SIZE
MINIMUM LOT
WID1H
MINIMUM
FRONT YARD
SETBACKS
MINIMUM REAR
YARD SETBACKS
MINIMUM SIDE
YARD SETBACKS
4 8 16
(10.000 sf oflot area (5,000 sf oflot area per (2500 sf oflot area per
oer unit) unit) unin
10,000 sf= single
fallÙly detached;
20,000 sf dupkx,
30,000 sf t.;pkx;
and 40,000 sf
fuUl.pkx
50'
5,000 sf= single-
tàmily detached;
iO,OOO ~f dul,kx;
15,000 sf triplex,
and 20,ûOO-sf
fòtl1pkx
50'
20' except: 50' = 10' except: 50' = barns
barns and and agricultural
agricultural buildings buildings
20' except: 50' =
barns and
agricultural
buildings, and 100' if
abutting a R -II, R -III,
or R-IV zoning
district
5' except: 10' =
abutting a
pttbttestreet r-o-w;
50' = barns and
agricultural buildings
and 100' if abutting a
R-II, R-III, or R-IV
zoning district
10' except: 100' =
barns and agricultural
buildings
5' cxcept: 10' =
abutting a pttbtic strcet
r-o-w;
100' = barns and
agricultural buildings
04/07/97 City Council FINAL DRAFT-Title 17
3,000 sf= $inglc
family attached and
detached; and 10,000
sf= multi-family
30' except: 100' =
multi-family
20' except: 10' wi side
or rear parking; no
setback for multifamily
structures located
within 200 feet of an
abutting mixed use
zoning district
10' except: no setback
for multifàmily
structures located
within 200 feet of an
abutting mixed U$e
zoning district
5' exccpt: 10' = along a
pttblic street r-o-w; no
setback for multifamily
structures located
within 200 feet of an
abutting llÙxed use
zoning district
-68-
24
(1.66(;i :¡¡f 9flot arell
Der unin
17
(not more than 2.352
sf of lot area per unit)
20' except: 10' wi side
or rear parking; no
setback for multifàmil)
structures located
within 200 feet of an
abutting mixed use
zoning district
15' except: 20' if
directly abutting an
R-I or R-II district; no
setback for multifamil)
sUnlctures located
within 200 feet of an
abutting llÙxed use
zoning district
15' except: 20'if
directly abutting an
R-I or R-II district; no
$etback for multifamil)
structures located
within 200 feet of an
abutting mixed use
zoning district
DISTRICT
MAXIMUM
BUILDING
HEIGHT
MAXIMUM LOT
COVERAGE
MAXIMUM
FENCE HEIGHT
R-I
30'
25%
Front (abutting a
putlil:. r-o-w) - 4';
side = 8'; side
abutting a public r-o-
w = 4'; rear = 8'
R-II
30'
35%
Front (abutting a
public' l'-I.)-w) = 4'; side
= 8'; side abutting a
public r-o-w = 4'; rear
=8'
04/07/97 City Council FINAL DRAFT-Title 17
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R-III
35'
45%
Front (abutting a public'
r-o-w} = 4'; side = 8';
side abutting a public
r-o-w = 4'; rear = 8'
R-IV
35'
50%
Front (abutting a
public' f'-\)"'\\'1 = 4'; sidE
= 8'; side abutting a
public r-o-w = 4'; rear
=8'
Chapter 17.18
MIXED USE ZONING DISTRICTS
Sections:
17.18.010 Purposes.
17.18.020 Mixed use zoning districts - Permitted, conditional and prohibited uses.
17.18.030 Mixed use zoning districts - Bulk, dimensional and density requirements.
17.18.010 Purposes.
A. Mixed Use Districts - The general purposes of the mixed use districts are as follows:
1. To foster a development pattern offering direct, convenient pedestrian, bicycle, and
vehicular access between residences and businesses, in order to facilitate pedestrian and bicycle
travel and reduce the number and length of automobile trips.
2. To encourage new development that supports the safe and efficient movement of
goods and people.
3. To provide for a compatible mix of single-family, multi-family housing and
neighborhood commercial businesses and services, with an emphasis on promoting multi-story
structures with commercial uses on the ground floor and multi-family housing on upper floors.
4. To promote a compact growth pattern to efficiently use the remaining developable
land, and to enable the cost-effective extension of utilities, services, and streets; frequent transit
service; and to help sustain neighborhood businesses.
5. To foster the development of mixed use areas that are arranged, scaled, and designed
to be compatible with surrounding land uses and which provide sensitive transitions between
significantly different land uses (e.g., commercial and residential uses).
6. To ensure that buildings and other development components are arranged, designed,
and oriented to facilitate pedestrian access.
B. The purposes of the specific mixed use districts are as follows:
1. C-IIMU - Neighborhood Serving Mixed Use Center: This district provides for a
compatible mix of small scale commercial uses and medium density multi-family housing in multi-
story buildings. Within this district, commercial uses should be located mainly on the ground of
multi-story structures, with multi-family residential units above, at a density of up to 16 units per
40,000 square foot area. Over time, this district should promote neighborhood identity, by
providing a range of commercial retail and service opportunities within walking distance, reducing
reliance upon the automobile. This district occurs in three locations in the city: the southwest
corner ofthe intersection of 49th Street and Jackman; the Hastings and Howard Street
intersection; and the San Juan and F Street intersection.
2. C-IIIMU - Community Serving Mixed Use Center: While very similar to the
neighborhood mixed use district, this district accommodates a broader range of commercial uses
which cater to a local or City-wide market, and upper floor multi-family residential units at a
density of up to 24 units per 40,000 square foot area. The C-IIIMU district occurs in areas that
are closer to the city's existing east/west commercial corridor (i.e., portions of both the east and
04/07/97 City Council FINAL DRAFT-Title 17
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west sides of Discovery Road, trom 7th Street to 12th Street; and the east side of Kearney Street,
trom Jefferson to Garfield Street). Like the C-IIMU district, the C-II/MU district is intended to
promote more focused and transit or pedestrian-oriented development patterns.
17.18.020 Mixed use zoning districts - 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). flowever,
notwithstandifii the fact that a ~se 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 ofthis 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... All residential uses as specified in Table 17.18.020 are allowed in mixed use zonin~
districts onJy wben mbç:ed with 1'Ion-residentj~l uses whicll C°1TtPly with the bulk. dimensional and
density requirements set forth in Table 17.18.030; provided. however, exclusively residential use
of structures is permitted when the ground floor is COQstructec{ with a ceiling height that cap
accomnwqate corp.nwrcial uses once the mixed use center matures. AIl commercial uses as
:;;pecified in Table 17.18.020 are allowed in mixed use zoning districts only when mixed with
r~:;;idential uses wruch comply with the bulk, dimensional and density requirements set forth in
Table 17.18.030.
[NOTE FOR COUNCIL--THE LAST CLAUSE OF THR FIRST SENTENCE AND THE
SECOND SENTENCE WKRR NOT PRRVIOUSL Y REVIEWED BY PLANNING
COMMISSION OR COUNCIL. ADDED TO tNSURE COMPREHENSIVE PLAN
CONSISTENCY,
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 M a minor CUP (Type II)
in accordance with Chapter 20,OI~u.Þj~ct to the approval criteria codified iJl çJ1apter 17.84
PTMc.
04/07/97 City Council FINAL DRAFT-Title 17
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Table 17.18.020
Mixed Use Zonin~ Districts - Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT I C.I(MU) I C.II(MU) I APPLICABLE REGULATIONSINOTES
RESIDENTIAL USES (Mixed with other permitted non-residential uses)
Apartment houses P P Chapttr 18.20 P1MC, "Dinding Site Plan5"; § 17.18.030 P1MC,
"Mixed use bulk, dimensional and density requirements"; and
Ch. 17.36 P1MC, "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 fomplexes)
Multi.family dwellings
Residential treatment
facilities including group
homes for the disabled
Residences above
commercial uses
Detached single.family
residences
Townhouses or rowhouses
(zero lot lines)
OFFICE USES
Ðffices, bank
Banks
Busines~ ~crrvices
Financial institutions
Offices, business and
professional
Offices, government
Offices, medical
P
P
.e
C
P
x
p
P P
.e .e
X .e
P p
C C
P P
04/07/97 City Council FINAL DRAFT.Title 17
P
Same as above.
x
Ch.18.20 P1MC, "Dinding Sioc Plans"; § 17.18.030 P1MC,
"Mixed use bulk, dimensional and density requirements."
.e
C
Same a!} above.
"Group Homes" are considered an "essential public facility undcr
RCW 36.70A.200; " . . . their siting cannot be precluded by
development regulations. . . "; and § 17.18.030 P1MC, "Mixed
use bulk, dimensional and density requirements."
P
The Port Townsend Comprehensive Plan identifies this as the
preferred fonn of development within Mixed Use Zoning
Districts.
x
p
Ch.18.20P1MC,"DindingSilePlans",§ 17. 18.ü30 PTMC,
"Mixed use bulk, dimensional and density requiremcnts"; and
Ch. 17.36 PTMC, "Multiìàmily Residential Developmcnt
Standards."
Ch.18.20 P1MC, "Dinding Site Plð.n5", § 17.18.030 PTMC,
"Mixed use bulk, dimensional and density requirements."
Same as above
Same as above.
Same as above.
Same as above.
Same as above.
-72-
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT
O!f.-.:,c,3, ve~ril1MY dil1ies
Veterinary hospitals
RETAIL USES
Apparel and accessory
stores
Building materials, garden
and farm supplies stores
Confectionaries
Custom, art and craft work
Food stores and grocery
stores
General merchandise
stores
Micro breweries
C-I(MU)
C-II(MU)
c
x p
X P
J: J:
P P
P P
P P
çp çp
Pharmacies and medical
supply stores
Restaurants (excluding
those with drive-in or
drive-through service)
Specialty stores P
COMMERCIAL SERVICE USES
Health clubs, dance P
studios, martial arts
studios
Laundromats and laundry
servIces
Personal services
Printing, commercial
Servicing of personal
apparel and equipment
ACCESSORY USES
Accessory buildings and
accessory structures
P
P
APPLICABLE REGULATIONS/NOTES
c
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
P
Ch 18.20 rIMC, "Dinding Site Plans", § 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.
§ 17.18.030 PIMC, "Mixed use bulk, dimensional and density
requirements. "
P
Same as above.
P
Same as above.
p
Same as above.
P P Same as above.
P P Same as above.
P P Same as above.
p P Same as above.
p
04/07/97 City Council FINAL DRAFT-Title 17
p
I Same as above.
-73-
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT
Satellite dishes and
antennae
TEMPORARY USES
Christmas tree sales
Contractor offices and
model homes
Outdoor art and craft
shows
Retail or service activities
conducted out of
temporary structures
and/or trailers
Rummage or other
outdoor sales
Sidewalk and parking lot
sales
Yard or garage sales
OTHER USES
Child day care centers,
child day care facilities,
and preschools
Community clubhouses
Churches
Home occupations
Public facilities
Sheltered transit stops
Schools
C~I(MU)
C~II(MU)
P
APPLICABLE REGULA TIONSINOTES
P
Same as above.
P P Ch. 17.60 P1MC, "Temporary Uses."
P P Same as above.
p p Same as above.
p P Same as above.
p p
P P
P P
P P
p P
e e
K K
P P
C C
P P
C
04/07/97 City Council FINAL DRAFT-Title 17
Same as above.
Same as above.
Same as above.
Ch. 18.20 PIMC, "Dinding Site; Plans", Ch. 17.52 PIMC, "Day
Care Facilities"; and § 17.18.030 PTMC, "Mixed use bulk,
dimensional and density requirements."
Ch. 18.20 rIMC, "Dinding Site Pb.n5", § 1718.030 PIMC,
"Mixed use bulk, dimensional and density requirements."
Ch. 18.20 rIMC, "Dinding Site; Plans", § 17.18.030 PIMC,
"Mix~d use bulk, dimrnsionð.1 ð.nd dC1l5ity rcquirun~nts."
N/A
c
Section 17.18.030 PIMC, "Mixed use bulk, dimensional and
density requirements."
Sheltered transit stops may be required as a condition of
development approval for projects which exceed the SEP ^
categorical exemption thresholds of WAC 197-11-305.
Chapter 18.20 PIMC, "Binding Site Plans"; and Section
17.18.030 PIMC, "Mixed use bulk, dimensional and density
requirements. "
-74-
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT
C-I(MU)
C-II(MU)
APPLICABLE REGULATIONS/NOTES
Radio, television and other
telecommunications
towers and lliltCMac
c
c
Such facilities are allowed in all zoning districts subject to
Section 17.18.030 PIMC, "Mixed use bulk, dimensional and
density requirements," and the conditional use pennit
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 'l.Pplicable
Federal Communications CoIIUJ.lission rules ¡md re£ulations: see
Ch. 17.78 PIMe.
SateJ1ite dishes and
antennae
E
E
Satellite dishes and an,tennae shall meet the requirements of
§ 17.18.030 PTMC. "Mixed \.lse. bulk. dimensional and gensity
requirements," except as prQvided in applicable Federal
Communications Commission rules and regulations: see Ch.
17.78 PTMC.
04/07/97 City Council FINAL DRAFT-Title 17
-75-
17.18.030 Mixed use zoning districts - Bulk, dimensional and density requirements.
A. The standards contained in Table 17.18.030 PTMC apply to all mixed use zoning districts,
and shall be determined to be minimum requirements, unless stated as maximum by this title.
B. Application of building ITontage and clear ceiling height requirements. All structures
located within mixed use zoning districts shall comply with the building frontage requirements of
Table 17.18.030 PTMc. However, in order to allow a horizontal as well as a vertical mixture of
commercial and residential uses, only those structures or portions of structures constructed to
satisfy the minimum commercial building frontage requirements of Table 17.18.030 PTMC shall
comply with the minimum clear ceiling height requirements set forth in the table.
C. Open space requirement. Projects located within one-quarter mile, street distance, from
any P/OS(A) or P/OS(B) zoning district shall be exempt from the minimum open space
requirements established in Table 17.18.030. Additionally, the open space requirement in Table
17.18.030 PTMC may take the form of urban open space, as defined in Chapter 17.08 PTMc.
D. Setbacks and minimum yard requirements. Notwithstanding any other ordinance or
provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the
building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a
roof of a building may extend beyond the building line a maximum distance of two feet into the
applicable minimum yard area.
E. Construction and permits. From and after the effective date of the ordinance codified in
this section, no building permit shall be issued and no building shall be constructed on any tract,
lot or site in the city unless the building is situated on such tract, lot or site in conformance with
the requirements of Title 17 PTMC and any other applicable provision oflaw.
04/07/97 City Council FINAL DRAFT-Title 17
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Table 17.18.030
Mixed Use Zoning Districts - Bulk, Dimensional and Density Requirements
DISTRICT C-IIMU C-IIIMU
MINIMUM LOT SIZE None 5.000 sf None 5.000 sf
MINIMUM FRONT YARD
SETBACKS
MAXIMUM FRONT YARD
SETBACKS
MINIMUM REAR YARD
SETBACKS
None
ie1~
None
ie1~
None except: 20' if abutting an R-I, None except: 20' if abutting an
R-II zoning district~ 5' if abuttil\i R-I, R-II, zoning district: 5' if
an R-III or R-N zoniq¡ dist¡jçt.. aþuttin~ an R-Ill. or R-IV zonin~
~
None except: 10' if abutting an R-I
MINIMUM SIDE YARD SETBACKS or R-II zoning district: 5' if abuttin~
an R-III or R-IV zoning district.
MINIMUM NUMBER OF STORIES
(in any principal building)
MAXIMUM BUILDING HEIGHT
MINIMUM GROUND FLOOR
CLEAR CEILING HEIGHT
MINIMUM BUILDING FRONTAGE
ALONG ABUITING PUBLIC
R-O-Ws
2
35'
10'
40' or 70% of front lot width,
whichever is greater
MINIMUM ÇlROUND FLOOR 70% of overall building frontage
COMMLRCIAL NONRESIDENTIAL
BUILDING FRONTAGE ALONG
ABUITING PUBLIC R-O-Ws ~
as provided in & 17.18.020(C) PTMC)
MAXIMUM FLOOR AREA RA no
MAXIMUM AMOUNT OF ANY
INDMDUAL COMMERCIAL USE
MAXIMUM AMOUNT OF
COMMERCIAL FLOOR SPACE
(in anyone structure)
2 sf of gross floor area per 1 sf of
lot
5,000 sf
30,000 sf
04/07/97 City Council FINAL DRAFT-Title 17
-77-
None except: 10' if abutting an R-I
or R-II zoning district 5' if
abutting an R-Ill. or R-IV zonin~
~
2
45' except: 2 stories, up to 35'
within 100' of an abutting R-I or R-
II district
10'
40' or 70% of front lot width,
whichever is greater
70% of overall building frontage
3 sf of gross floor area per 1 sf of
lot
None
60,000 sf
MAXIMUM HOUSING DENSITY
(units per 40.000 square foot area)
MINIMUM AVERAGE HOUSING
DENSITY
(units per 40.000 square foot area)
MINIMUM OPEN SPACE
16
(2.500 Sf of J.9t area per IJpit)
9
(not more than 4.444 sf of lot area
per unit)
10% of total gross floor area
04/07/97 City Council FINAL DRAFT-Title 17
-78-
24
(1.666 sf oflot ßrça per unit
17
(not more than 2,352 sf of lot area
per unit)
10% of total gross floor area
Chapter 17.20
COMMERCIAL ZONING DISTRICTS
Sections:
17.20.010 Purposes.
17.20.020 Commercial zoning districts - Permitted, conditional and prohibited uses.
17.20.030 Commercial zoning districts - Bulk, dimensional and density requirements.
17.20.010 Purposes.
A. The general purposes of the commercial districts are as follows:
1. To provide appropriate commercial areas for retail and service establishments,
neighborhood convenience and office uses required by residents ofthe city in a manner consistent
with the comprehensive plan.
2. To provide employment opportunities for existing and future residents of the city and
those of adjacent communities.
3. To provide for land uses which meet the needs oflocal populations and attract
populations located throughout the northeastern Olympic Peninsula.
4. To provide adequate space to meet the needs of commercial development, including
off-street parking and loading.
5. To protect commercial and adjacent areas from excessive noise, illumination,
unsightliness, odor, smoke, and other objectionable influences.
6. To provide for an intensity of development and activity within commercial areas which
will increase their vitality, facilitate transit, and make better use of available infrastructure.
7. To accommodate a balanced mix of commercial, residential, and recreational uses in
commercial areas which will enable people to live, shop, work, and play within walking distance;
thereby reducing dependence on motor vehicles and potentially reducing traffic congestion,
energy consumption, and air pollution.
B. The purpose of each commercial district is as follows:
I. C-I - Neighborhood Commercial: This is an exclusively a neighborhood commercial
district, providing convenience shopping and small retail establishments which offer a limited
range of goods and services within a residential neighborhood. The district allows for the
retailing of neighborhood commodities and the provision of neighborhood professional and
personal services. It should be located not less than one-half mile from another neighborhood
commercial district, or any other commercial district providing similar services or facilities.
Neighborhood commercial districts are intended to have a maximum size of no more than 1 acre.
The size, scale, and expansion of such areas should be limited in order to minimize traffic volumes
and congestion and other adverse impacts on the neighborhood in which these districts are
located. The C-I district occurs in only two locations in the city: the southeast corner of the
intersection of San Juan and F Streets; and the southwest corner of the intersection of Kearney
and 19th Streets.
04/07/97 City Council FINAL DRAFT-Title 17
-79-
2. C-II - General Commercial: This district accommodates a wide range of general
commercial uses which serve a local or City-wide market area. This district provides for those
commercial uses and activities which are most heavily dependent on convenient vehicular access,
and is located on sites having safe and efficient access to major transportation routes. Uses
allowed within this district include retail businesses, professional offices, hotels, restaurants, and
personal services shops. This district occupies more area of the city than any other commercial
district, and occurs in various locations along Sims Way, Wjl~þiJ1.iÌ9n Street and Water Street,
and in the triangular area bounded by SR 20 to the south, Howard Street to the east, and
Discovery Road to the northwest.
3. C- II(H) - Hospital Commercial: This district permits the clustering of interrelated and
complementary health care facilities. This district accommodates medical clinics, offices,
pharmacies, nursing homes, and other medical-related uses in areas close to major medical
facilities. Accessory or supporting uses which provide convenience services primarily to medical
facility users and employees are also allowed. This district occurs in areas near Jefferson General
Hospital, between Sims Way and lith Street, and to the Kah Tai Care Center on the west side of
Kearney Street.
4. C- III - Historic Commercial: This district is intended to accommodate the mix of uses
that have occurred over time in the city's downtown and uptown historic districts. The district
makes provision for general retail uses on the ground floor of structures, and promotes a mix of
uses on the upper floors of historic buildings, including: residences; artist and craft studios; and
professional offices. The district is intended to permit development of a scale, type, height, and
bulk which reinforces the city's historic character, buildings, places, and street layout. It is
designed to promote pedestrian-oriented land uses and design consistent with the character of the
city's historic districts.
5. C-IV - Regional Commercial: The purpose of this district is to provide areas for
diversified commercial activities which serve a broader regional clientele. The uses generally
attract traffic from a broader area than the general commercial district, and are usually larger in
scale than in other commercial districts. This district accommodates large scale retail stores,
shopping centers, and specialty stores. The C-IV district has not been applied to areas within the
present City limits, although it may be applied to portions of the unincorporated Glen Cove area,
if designated by Jefferson County as part of Port Townsend's Final Urban Growth Area (FUGA).
17.20.020 Commercial zoning districts - Permitted, conditional and prohibited uses:
Limitations on use.
A. Table 17.20.020 PTMC 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 Section 17.84.060 PTMC
(H), or prohibited (X). However, notwithstandinß the fact that a use may be permitted outright,
additional permits may be req\.lired. for certain projects. Uses not specifically identified within
Table 17.20.020 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.
04/07197 City Council FINAL DRAFT-Title 17
-80-
B. Requirements for the uses identified in Table 17.20.020 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 17.20.020.
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 witþjn tÞÿ
applicable ?oning ~li$trict shall be considered conditional and processed as a minor CUP (Type II)
in accordance with Chapter 20.01 subject to the approval criteria codified in Chapter 17.84,
04/07/97 City Council FINAL DRAFT-Title 17
-81-
Table 17.20.020
Commercial Zoning Districts - Permitted, Conditional and Prohibited Uses
Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use
requircments for historic stl1lctures; X = Prohibited
DISTRICT C-I C-II C-II(H) C-III C-IV APPLICABLE
REGULA TI ONSIN OTES
FOOD SERVICE USES
Bakeries, retail P P X P X Section 17.20.030 PIMC, "Commercial
bulk. dimensional and density
requirements."
Confectionaries E E X E X Same as above.
Drinking establislunents (bars, X P X P X Same as above.
cocktail lounges, night clubs,
and taverns)
Micro breweries P P X P X Section 17.20.030 PTMC, "Commercial
bulk, dimensional and density
requirements." The manutàcturing
component within any micro brewery
located within a mixed use zoning district
must be subordinate and accessory to a
primary retail use.
Other food service P P P P X Section 1720.030 PIMC, "Commercial
establishments including coffee bulk, dimensional and density
houses, delicatessens, ice cream requirement::;" A manufacturing
parlors, juice bars etc. 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 ::;crvice
uses must be subordinate and acces::;ory to
a medical services establishment.
Restaurants with drive-in or X P X X X Section 17.20.030 PIMC, "Commercial
drive-through service bulk, dimensional and density
requirements. "
Restaurants without drive-in or P P X P X Section 17.20.030 PIMC, "Commercial
drive-through bulk, dimensional and den::;ity
requirements. ,.
MANUF A CTURIN G USES
Apparel and other related X C X H X Section 17.20.030 PIMC, "Commercial
products manufacture and bulk, dimensional and density
assembly requirements"; Section 17.84.060 PIMe,
"Additional approval criteria -
Conditional uses in historic commercial
structures. "
-82-
04/07/97 City Council FINAL DRAFT-Title 17
Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use
requirements for historic structures; X = Prohibited
DISTRICT C-I C-II C-II(H) C-III C-IV APPLICABLE
REGULA TIONSINOTES
..
Electrical and electronic goods X C X H X Same as above.
manufacture and assembly
Fuel storage facilities X ~ B, X ~ Same as above.
Furniture and fixtures X C X H X Same as above.
manufacture and assembly
Computer equipment X C X H X Same as above.
manufacture and assembly
Custom, art and craft work X C X H X Same as above.
Medical and optic goods X C C H X Same as above.
manufacture and assembly
Printing, noncommercial *E 6E X X X Section 17.20030 P1MC, "Conmlercial
bulk, dimensional and density
requirements. "
Mini-storages and mini- X C X X X Same as above.
warehouses
Welding and fabrication X C X X X Same as abovc.
Wholesaling X C X X X Same as above.
OFFICE USES
Off...:;c-s, bank Banks X P X P X Same as above.
Business serviçes X E X E X Same as above.
FinaJ1Qial institutions X :e X E X Same as above.
Offices, business and P P P P X Same as above.
professional
Offices,goverruncnt X C C C X Same as abovc.
Offices, medical P P P P X Same as above.
Offices, vc-tai.l1ary dillies C P X C X Same as above.
Veterinary hospitals
RECREATIONAL AND CULTURAL USES
AmUSet1lt<Jlt activities X ç X X X Same as above.
Amusement parks or centers X ç X X X Same as above.
Arcade,game/video X P X X X Same as above.
Art galleries P P X P X Same as abovc.
Bowling alleys X P X X X Same as above.
Health clubs, dance studios, X P X P X Same as abovc.
martial arts studios
04/07/97 City Council FINAL DRAFT-Title 17
-83-
Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use
requirements for historic structures; X = Prohibited
DISTRICT C-I C-II C-II(H) CRIll C-IV APPLICABLE
REGULA nONS/NOTES
Libraries X C X C X Same as above.
Musewns X C X P X Same as above.
Recreation, commercial X P X X X Same as above.
Stadiwns, arenas and assembly X P X C X Same as above.
halls
Theaters, not including drive-ins X P X P X Same as above.
RESIDENTIAL USES
~panrnenthouses X X X P X Section 17.20.030 P1MC, "Commercial
bulk, density and dimensional
requirements"; and Chapter 17.36 PTMC,
"Multifamily Development Standards."
Boarding houses (4 or fewer X X X P X Same as above.
roomers) and lodging and
rooming houses (5 or more
roomers)
Multi-family dwellin~s X X X r X Same as above.
Owner/operator residences P P P P X Section 17.20.030 P1MC, "Conm1ercial
bulk, dimensional and density
requirements"; such uses shall only be
allowed if clearly subordinate and
accessory to a primary commercial use.
Residential Treatment Facility X X P X X Section 17.20.030 P1MC, "Conlluercial
bulk, dimensional and density
requirements. "
COMMERCIAL RETAIL USES
Antique and gift sales X P C P X Same as above.
Apparel and accessory stores X P X P X Same as above.
~utomobile sales and service X P X C X Same as above.
establishments, new or used
Boat sales and rentals *h P X *h X Same as above.
Building materials, garden and X P X *h X Same as above.
fann supplies stores
Convenience stores C P X X X Same as above.
Plant nurseries, landscaping X P X X X Same as above.
materials, greenhouses
(commercial)
Fanner's markets X P X P X Same as above.
04/07/97 City Council FINAL DRAFT-Title 17 -84-
Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use
requirements for historic structures; X = Prohibited
DISTRICT C-I C-II C-II(H) C-Ill C-IV APPLICABLE
REGULA TIONSINOTES
Flea markets X P X P X Same as above.
Food stores and grocery stores P P X P X Same as above.
Furniture, home furnishings, X P X P X Same as above.
and appliance stores
General merchandise stores P P X P X Same as above.
Mobile, manufactured and X P X X X Same as above.
modular housing sales
Motor vehicle sales X P X C X Same as above.
Motor vehicle supply stores X P X X X Same as above.
Office supplies and equipment X P X P X Same as above.
Phannacies and medical supply P P P P X Same as above.
stores
Regional retail establishments X X X X P Same. as above.. All uses pennilted in the
C-II district are pennitted so long as the
structure and use meets the definition for
"regional retail."
Specialty stores P P C P X SM\C 1I$lIbovc. & 1720.030 PTMC,
"Commercial bulk, dimensional and
density requirements"
Swap mæts * P * P * SII,I1(; liS llbove.
SERVICE USES, HEALTH
Hospitals X X P X X § 17.20.030 PTMC, "Commercial bulk,
dimensional and density requirements."
Preferred use:> in thi:> district are medical
related.
Massage clinic or center X P P P X Same as above.
Nursing, rest or convalescent X X P X X Same as above.
homes
Offices, medical X P P P X Same a:> abovc.
SERVICE USES, LODGING
Apartment ho~el~ ~ ~ ~ ~ ~ Same as above.
Bed and breakfast inn:> X X X P X Same a:> abovc.
Hotels/Motels X P X P X Same as above.
Lodging Houses X X X P X Same as abovc.
Tourist Homes X X X P X Same as above.
PERSONAL SERVICE USES
04/07/97 City Council FINAL DRAFT-Title 17 -85-
Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use
requirements for historic structures; X = Prohibited
DISTRICT C-I C-II C-II(H) C-III C-IV APPLICABLE
REGULATIONS/NOTES
."
Child day care centers, child day X P P X X Chapter 17.52 PIMC, "Day Care
care facilities, and preschools Facilities; and Section 17.20.030 PIMC,
"Commercial bulk, dimensional and
density requirements."
Funeral parlors and mortuaries X P X X X Section 17.20.030 PIMC, "Commercial
bulk, dimensional and density
requirements. "
Laundromats P P X P X Same as above.
Laundry services X P X P X Same as above.
Other personal services C P X P X Same as above.
SERVICE USES, MISCELLANEOUS
Automobile rental agencies X P X X X Same as above.
AutQQlobil\<. \owing serv:ices X £ X X X Sllme as Qbove.
Automotive repair X P X C X Same as above.
establislunent, minor repair
Car washes X .I: oX X X Same as above.
Catering establishments X P X P X Samc as abovc.
Equipment rental services, X P X P X Same as above.
commercial
Mini-storages and mini- X P X X X Same as above.
warehouses
Printing, commercial X P X P X Same as above.
Radio and television studios X P X P X Same as above.
(including rccording studios)
Schools, commercial X P X P X Same as above.
Service stations, automotive and C P X X X Same as above.
marme
Servicing of personal apparel P P X P X Same as above.
and equipment
Small appliance repair shops X P X P X Same as above.
Truck, trailer and recreational X P X X X Same as above.
vehicle rental
PUBLIC FACILITY USES
Electrical distribution X C X X X Same as above.
substations
Municipal improvements P P P P P Same as above.
04/07/97 City Council FINAL DRAFT-Title 17 -86-
Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use
requirements for historic structures; X = Prohibited
DISTRICT C-I C-Il C-Il(H) C-1I1 C-IV APPLl CABLE
REGULA nONS/NOTES
()Ðfices,governrnent X P P P X Same as above.
Recycling facilities, minor P P P P P Same as above.
Stonnwater retention, detention, P P P P P Same as above.
and treatment facilities
TEMPORARY USES
Contractor offices P P P P P Chapter 17.60 PTMC, "Temporary
Uses"; and Section 17.20.030 PTMC,
"Commercial bulk, dimensional and
density requirements."
Christmas tree sales P P P P P Same as above.
Camivalslcircuses P P P P P Same as above.
C>utdoor art and craft: sales P P P P P Same as above.
Parking lot/sidewalk sales P P P P P Same as above.
Rummage sales P P P P P Same as above.
Swap meets X ~ X ~ X Same as above.
Retail or service activities P P P P P Same as above.
conducted out of temporary
structures and/or trailers
OTHER USES
Accessory buildings and P P P p p Same as above.
Structures
Churches X P X X X Same as above.
Conference Centers X P X C X Same as above.
Docks and piers for pleasure X P X P X Same as above.
craft
Ferry landings X p X P X Same as abovc.
Fraternal organizations X P X P X Same as above.
Garage, public parking X P C C X Same as above.
04/07/97 City Council FINAL DRAFT-Title 17
-87-
Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Subject to conditional use
requirements for historic structures; X = Prohibited
DISTRICT
C-I
C-III
C-II C.II(H)
Radio, television and other
telecommunications towers and
IUdC1l1diG
C
C
C
C
Satellite dishes and anteIlllae
P
P
P
p
04/07197 City Council FINAL DRAFT-Title 17
-88-
C-IV
APPLICABLE
REGULA TlONS/NOTES
C
Such facilities are allowed in all zoning
districts subject to the conditional use
pennit requirements of Chapter 17.84
PIMC; however, such facilities are
prohibited within the limits of the Port
Townsend National Register Historic
District; and Section 17.20.030 PIMC,
"Commercial bulk, dimensional and
density requirements," except as provided
in applicable Federal Communications
Commission rules and regulations: see
Ch. 17.78 PIMe.
P
Sam/,;. M abovl.-. Satellite dishes and
anteIlllae shall meet the requirements of
Ii 17.20.030 PIMC. "Commercial bulk,
dimension and density requirements,"
except as provided in applicable Federal
Comwupications Commission rules and
regulations: see Ch. 17.78 PTMC.
17.20.030 Commercial zoning districts - Bulk, dimensional and density requirements.
A. The standards contained in Table 17.20.030 PTMC apply to all commercial zoning
districts, and shall be determined to be minimum requirements, unless stated as maximum by this
title.
B. Setbacks and minimum yard requirements. Notwithstanding any other ordinance or
provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the
building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a
roof of a building may extend beyond the building line a maximum distance of two feet into the
applicable minimum yard area.
C. Construction and permits. From and after the effective date of the ordinance codified in
this section, no building permit shall be issued and no building shall be constructed on any tract,
lot or site in the city unless the building is situated on such tract, lot or site in conformance with
the requirements of Title 17 PTMC and any other applicable provision oflaw.
04/07/97 City Council FINAL DRAFT. Title 17
-89-
Table 17.20.030
Commercial Zoning D~stricts - Bulk, Dimensional and Density Requirements
DISTRICT C-I C-II C-II(H) C-III C-IV
Owner/operator Owner/operator Owner/operator Multi-family No residential
residences allowed residences allowed residences residences uses are allowed
RESIDENTIAL subject to the above commercial allowed above allowed above in the C-IV
REQUIREMENTS requirements below uses subject to the commercial uses the ground floor zoning district
requirements below subject to the
requirements
below
MINIMUM LOT Nene Nöne None Nene Nöne
SIZE 5.000 sf 5.000 sf 5.000 sf 5.000 sf 5.000 sf
FRONT YARD None W 10' None 45' except: 30'
SETBACKS None with side or rear
parking
5' except: none when 10' except: 15', + 5' 10' except: 15', + None, except: 10' 20' except: I
contiguous with for each building 5' for each when conti plous additional foot for
another commercial floor above 2 stories, building floor with an R-n or each foot of
REAR YARD zoning district when contiguous above 2 stories, R-III zoning building height
SETBACKS with an R-I or R-II when contiguous district over 30' when
zoning district with an R-I or R- abutting a
II zoning district residential zoning
district
5' except: none when No minimum on No minimum on None 20' except: I
contiguous with interior lot lines; 5' interior lot lines; additional foot tor
another commercial minimum otherwise 5' minimum each foot of
zoning district except: 10',+5'tor otherwise building height
SIDE YARD each building tloor except: 10', +5' over 30' when
SETBACKS above 2 stories, for each building abutting a
when contiguous floor above residential zoning
with an R-I or H.-II 2 stories, when district
zoning district contiguous with
an R-I or R-Il
zoning district
MAXIMUM None 75.000 square feet None None None
BUILDING SIZE
2 stories, up to 35', 3 stories, up to 35', 3 stories, up to 50' or as 45'
MAXIMUM whichever is less whichever is less 35', whichever is specified by the
BUILDING less Port Town3end
HEIGHT Brban
Waterfront Plan
p.28 PTMC
04/07/97 City Coußcill<'INAL DRAFT-Title 17
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DISTRICT C-I C-ll C-ll(H) C-ID C-IV
MAXIMUM ba:F 1 sf of gross floor 2 sf of gross floor 2 sf of gross 3 sf of gross floor 1 sf of gross floor
COVERAGE area per 2 sf onot area per 1 sf onot floor area per I area per 1 sf of area per 3 sf oflot
FLOOR AREA sf onot lot
RATIO
When abutting an R-I When abutting an R- When abutting When abutting When abutting an
or R.Il zoning I or R-Il zoning an R-I or R.Il an R-I or R-Il R-I or R.Il zoning
district, any permit district, any permit zoning district, zoning district, district, any
GREENBELT application must be application must be any permit any permit permit application
REQUIREMENTS accompanied by accompanied by application must application must must be
landscape plans to landscape plans to be accompanied be accompanied accompanied by
obscure and limit obscure and limit by landscape by landscape landscape plans
access access plans to obscure plans to obscure to obscure and
and limit access and limit access limit access
MAXIMUM Front == 4' Front == 4' Front == 4' Front == 4' Front == 4'
FENCE HEIGHT Side == 8' Side == 8' Side == 8' Side == 8' Side == 8'
Rear == 8' Rear == 8' Rear == 8' Rear == 8' Rear == 8'
04/07/97 City Council FINAL DRAFT-Title 17
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Chapter 17.22
MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS
Sections:
17.22.010 Purposes.
17.22.020 Marine-related and manufacturing zoning districts - Permitted, conditional and
prohibited uses.
17.22.030 Marine-related and manufacturing zoning districts - Bulk, dimensional and density
requirements.
17.22.010 Purposes.
A. The general purposes ofthe marine-related and manufacturing districts are as follows:
I. To permit a variety of manufacturing and marine-related uses in lillÚted and
appropriate areas, which if located elsewhere, would be unacceptable.
2. To protect residential and other non-manufacturing and non-marine areas from
adverse and damaging impacts emanating from manufacturing-type or marine-related activities.
3. To protect manufacturing and marine-related areas from other uses that may interfere
with the purpose and efficient operation of these areas.
4. To promote econollÚc diversification and provide for employment opportunities for
present and future residents.
5. To protect the viability of water-dependent manufacturing enterprises by ensuring
adequate and appropriate areas for locating marine-related activities.
B. The purposes of each specific manufacturing and marine-related district are as follows:
I. M/C - Mixed Light Manufacturing and Commercial: This district accommodates
small-scale manufacturing businesses, along with associated and subordinate on-site retailing. The
purpose of this district is to provide for manufacturing and commercial enterprises which do not
predollÚnate within either the light manufacturing or commercial land use categories. These are
uses which may combine aspects of both on-site manufacturing and retailing (e.g., specialty crafts
or artisans). Manufacturing to commercial floor area ratios are necessary for this district to
ensure that certain uses do not dollÚnate at the expense of others. The M/C district occurs in
areas south of Sims Way and west of Thomas Street. The district may also be appropriate for
significant portions of the Glen Cove area, if designated by Jefferson County as part of Port
Townsend's Final Urban Growth Area (FUGA).
2. M-I - Light Manufacturing: The M-I district provides for light manufacturing,
processing, fabrication, and assembly of products and materials, warehousing and storage, and
transportation facilities. This district has not been applied to any areas within the city, although it
may be appropriate for portions of the Glen Cove area, if designated by Jefferson County as part
of Port Townsend's Final Urban Growth Area (FUGA).
3. M-II(A) (Boat Haven) - Marine-Related Uses: This district accommodates a variety
of uses including marina, recreational boating, manufacturing, assembly, haul out, and repair. The
M-IIA district occurs primarily on Port-owned lands at the Boat Haven. It is intended for larger
04/07/97 City Council FINAL DRAFT-Title 17
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scale and more intensive water-dependent or marine-related uses at the Boat Haven. Uses within
the district that also lie within the jurisdiction of the Port Townsend Shoreline Master Program
(i.e., within 200 feet of the shoreline) are subject to the policies and standards of both this title
and the Port Townsend Shoreline Master Program.
4. M-II(B) (point Hudson) - Marine-Related Uses: Similar to the M-IIA district, this
district accommodates a variety of marine-related uses, but on a less intensive scale, appropriate
to Point Hudson. This district promotes mixed-use projects which incorporate water-oriented
uses, consistent with the historic, marine-related character of the area. Uses within this district
that also lie within the jurisdiction of the Port Townsend Shoreline Master Program (i.e., within
200 feet ofthe shoreline) are subject to the policies and standards of both this title and the Port
Townsend Shoreline Master Program.
5. M-III - Heavy Manufacturing: The M-III district accommodates heavy manufacturing
activities including processing, fabrication, assembling of products or
materials, and bulk storage. This district is intended to provide for the continuation and
development of heavy manufacturing enterprises in locations where they will be compatible with
other similar uses, and which do not negatively impact adjacent land uses. This district has not
been applied to any areas within the city, although it may be appropriate for portions of the Glen
Cove area, if designated by Jefferson County as part of Port Townsend's Final Urban Growth
Area (FUGA).
17.22.020 Marine-related and manufacturing zoning districts - Permitted, conditional and
prohibited uses: Limitations on use.
A. Table 17.22.020 PTMC 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. notwithstanctin~ the fact that a use may be permitted outright, additional permits may
be required for certain projects. Uses not specifically identified within Table 17.22.020 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. Marine-r~lilted u~es are the goods and services which are
primarily intended to support boating, ~l\mJ1~ water sports, marine research, or similar water-
oriented activities.
B. Requirements for the uses identified in Table 17.22.020 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 ifnot noted
in Table 17.22.020.
.c... Limitations on use -- Bufferwg- requirements
All sites in ma-rine-related and manufacturing di~tricts (i.e., M/C, M-I, M-II. M-Il(A), M-II(B)
and M-III) havin~ 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
04/07/97 City Council FINAL DRAFT-Title 17
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shrubs, trees and native veaetation which will flTow to not les~ than eight feet in h~iaht nor less
than 10 feet in width within five years, for screening purpQ~es and controllingj),ccess.
D.... Limitations on use -- General r~quirements
Marine-related and manufact\lring uses shall be subject to the followipi conditions:
1.. Noise. In all marine-related and manufacturiQi districts (i.e., M/C, M-I, M-II, M-
II(A), M-IICB) and M-III), the no;se emanating from the premises used for marine-related and
manufactvring activities shall be muffled so as to not become objectionable due to intermittlml
beat, frequency or shrjlln~ss, and where any marine-related or manufacturing district adjoins a
residential district, the noi~~ loudness measured .at the boundary line sh~H not exceed 40 decibels
between the hours of lL~O p.m. and 6:00 a.m.. and 60 decibels at other hours.
2... Light and Glare. Exterior lightiQi sþall not be used in such a manner that produces
glare on public streets or roads and neig-hboring property. Arc welding, acetylene torch cutting or
similar proce~~es shall be performed so AS pot to be seen ftom allY 'point beyond the outside ofthe
property.
1. Fire and Safety Hazards.
.a... The storage and handling of inflammable liquids, liquefied petroleum gases and
explosives shall comply with rules and regulations falling qnder the jurisdiction of the çity fire
chiet: the l<\w~ of the state and other local ord;J1&.nçes;
12.. Bulk storage of inflammable liquids below ground shall be permitted, and the lank
shall be located not closer to the property line than the greatest dimension (diameter, length, or
height) of the tank.
1.. Interferences. Provisions must be made for I)ec~ssary shielding or other preventive
measures aaainst interferences occasioned by mechani<~al or electrical equipment, uses or
processes with electric.al a,pparatus in nearby buildings or land uses.
~ Waste Products. J .iQuid and solid wastes, storage of animal or veget<\b1e waste which
attract insects or rodents or otherwise create a he¡¡ltb 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, M-II(A), M-II(B) and M-III).
E... Incidental uses which are identified in this Title as prohibited or conditional uses withiJl tþe
applicable zoning district shall be considered conditional and processed as a minor CuP (Type II)
in accordance with Chapter 20.01 subject to the approval criteria codifIed in Chapter 17.84
PTMC.
04/07/97 City Council FINAL DRAFT-Title 17
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Table 17.22.020
Marine-Related and Manufacturing Districts - Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; M = Permitted if marine related; C = Subject to a conditional use permit; X = Prohibited
DISTRICT I M-C M-I I M-II(A) I M-IJ(B) M-III APPLICABLE
REGULATIONS
MANUFACTURING USES
Apparel and other finished products P p * * P Section 17.22.030 PTMC,
manufacture and assembly M hi "Marine-related and
manufacturing bulk, dimensional
and density requirements; Chapter
17.44 PlMC, "Commercial, and
Marine-Related and
Manufacturing Uses -
Development Standards"
Boat building and related products P X P P X Same as above.
manufacture
Building construction yards and P P X X P Same as abov!;:.
offices occupying up to 10,000 sf
total area
Building construction yards and X X X X P Same as above.
offices occupying more than 10,000
sf total area
Computer equipment manufacture P P X X P Same as above.
and assembly
Custom, art and craft work P P M M X Same as above.
Electrical and electronic goods P P M M P Same as above.
manufacture and assembly
Food and beverage processing P P X X P Same as above.
Freezer plants, food mills and X X X X P Same as above.
fertilizer production
Furniture and fixtures manufacture P p M M P Same as above.
and assembly
Heavy manufacturing not otherwise
listed, provided such manufacturing X X X X P Same as above.
is sinùlar and not detrimental to
other uses allowed in M-III
Marine-related products P P P P P Same as above.
manufacture, fabrication and
assembly
Metal products manutàcture, X X M M P Same as above.
fabrication and assembly
04/07197 City Council FINAL DRAFT-Title 17
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Key to table:
P :::: Permitted outright; M:::: Permitted if marine related; C:::: Subject to a conditional use permit; X = Prohibited
DISTRICT M-C M-I M-II(A) M-II(B) M-III APPLICABLE
REGULATIONS
Light manufacturing or processing C C * * X Same as above.
not otherwise named M M
Lumber and wood products X C X X P Same as above.
processmg
Medical and optic goods P P X X P Same as abovc.
manufacture and assembly
Printing, noncommercial P P X X P Same as above.
Rubber, plastic, and fiberglass X P M M P Same as above.
products manufacturing
Seafood processing X P P C P Same as above.
Stone, clay, glass and concrete X C X X P Same as above.
products manufacturing
Transportation equipment X X M M P Same as above.
manufacturing and assembly
Welding and fabrication P P M M P Same as above.
MANUFACTURING SERVICE USES
Automobile repair establishments, P P X X X Same as abovc.
major repair, paint or body shop
Boat repair establishments P P P P X Same as above.
Bulk plant facilities X C X X C Same as above.
Marine haulout facilities X X P P X Same as above.
Automobile wrecking yards X X X X P Same as above.
Janitorial services P P X X X Same as above.
LalU1dry plants and dry cleaning P P X X P Same as above.
plants
Mechanical and electronic equipment P P M M P Same as above.
repair establishments
COMMERCIAL USES
Automobile towing services P P X X X Same as above.
Equipment rental service, P P M M X Same as abovc.
commercial
Marinas X X e,e e,e X Same as above.
Marine supply and accessory stores, X X P P X Same as above.
chandlers
04/07197 City Council f'INAL DRAFT-Title 17
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Key to table:
p;;;: Permitted outright; M = Permitted if marine related; C = Subject to a conditional use permit; X = Prohibited
DISTRICT M-C M-I M-II(A) M-II(B) M-III APPLICABLE
REGULA TIONS
Retail sale of goods or products
manufactured on the premises, or
used in manufacturing, repairing, or P X M M X Same as above.
servicing activities which are
pennitted in this district
Child day care centers, child day care C C C C C Chapter 17.52 PIMC, "Day Care
facilities, and preschools Facilities"; and Section 17.22.030
PTMC, "Marine-related and
manufacturing bulk, dimensional
and density requirements."
RESIDENTIAL USES
Residential quarters as an accessory Section 17.22.030 PTMC,
use (i.e., guard's quarters in large
establishments, where such quarters P P P P P "Marine-related and
are customarily provided for security manufacturing bulk, dimensional
and/or insurability of the premises) and density requirements."
OFFICE USES
Offices, business and professional X X M M X
Offices,governrnent
X
X
M
*
M
04/07/97 City Council FINAL DRAFT-Title 17
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x
Section 17.22.030 PTMC,
"Marine-related and
manufacturing bulk, dimensional
and density requirements; and
Chapter 17.44 PIMC,
"Commercial, and Marine-Related
and Manutàcturing Uses -
Development Standards."
Examples of marine-related
governrnent offices include: U.S.
Coast Guard and the Port of Port
Townsend; Section 1722.030
PTMC, "Marine-related and
manutàcturing bulk, dimensional
and density requirements; Chapter
17.44 PTMC, "Commercial, and
Marine-Related and
Manufacturing Uses -
Development Standards."
Key to table:
P = Permitted outright; M = Permitted if marine related; C = Subject to a conditional use permit; X = Prohibited
DISTRICT M-C M-I M-II(A) M-II(B) M-lII APPLICABLE
REGULATIONS
PUBLIC FACILITY AND UTILITY USES
Ailports and heliports X X C C X "Airports" are considered an
"essential public facility" under
RCW 36.70A.200; ". . . their
siting cannot be precluded by
development regulations. .
Section 17.22.030 P'IMC,
"Marine-related and
manufacturing bulk, dimensional
and density requirements; Chapter
17.44 PTMC, "Commercial, and
Marine-Related and
Manutacturing Uses -
Development Standards."
Correctional facilities C C X X C Same as above.
Electrical distribution substations C C X X C Section 17.22.030 PTMC,
"Marine-related and
manufacturing bulk, dimensional
and dcnsity requirements; and
Chaptcr 17.44 PIMC,
"Commercial, and Marine-Related
and Manufacturing Uses -
Development Standards."
Municipal improvements P P P P P Same as above.
Under RCW 36.70A.200, the
siting of "essential public
facilities" ". .. cannot be
precluded by development
Other facilities designated as regulations. . ."; Section
essential public facilities by the 17.22.030 PTMC, "Marine-related
Washington State Office of Financial C C C C C and manufacturing bulk,
Management dimensional and density
requiremenls; Chapter 17.44
PTMC, "Commcrcial, and
Marine-Related and
Manutacturing Uses -
Development Standards."
04/07/97 City Council FINAL DRAFT-Title 17
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Key to table:
P = Permitted outright; M = Permitted if marine related; C = Subject to a conditional use permit; X = Prohibited
DISTRICT
M-C
M-I
M-II(A)
M-II(B)
M-III
Recycling facilities, minor
p
p
p
p
State or regional transportation
facilities
c
c
C
C
Stonnwater retention, detention, and
treatment facilities
p
p
p
p
Solid waste handling facilities,
including major recycling facilities
x
x
x
x
04/07/97 City Council FINAL DRAFT-Title 17
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APPLICABLE
REGULATIONS
p
Section 17.22.030 PTMC,
"Marine-related and
manufacturing bulk, dimensional
and density requirements; and
Chapter 17.44 PTMC,
"Conunercial, and Marine-Related
and Manufacturing Uses -
Development Standards."
"State and regional transportation
facilities" are considered
"essential public facilities" lUlder
RCW 36.70A.200; ". . . their
siting cannot be preeluded by
development regulations. ".
Section 17.22.030 PTMC,
"Marine-related and
manufacturing bulk, dimensional
and density requirements, Chapter
17.44 PTMC, "Commen.:ial, 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 tacilities"
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; Chapler
17.44 PIMC, "ConunerciaJ, and
Marine-Related and
Manufacturing Uses -
Development Standards."
C
p
C
Key to table:
P ::: Permitted outright; M::: Permitted if marine related; C::: Subject to a conditional use permit; X = Prohibited
DISTRICT M-C M-I M-II(A) M-II(B) M-III APPLICABLE
REGULATIONS
Water and wastewater treatment C C C C C Section 17.22.030 PTMC,
facilities "Marine-related and
manufacturing bulk., dimensional
and density requirements; and
Chapter 17.44 PIMC,
"Commercial, and Marine-Related
and Manufacturing Uses -
Development Standards."
STORAGE USES
Boat storage facilities X P P P X Same as above.
Freight distribution centcrs X P X X P Same as above.
Mini-storage and mini-warehouse X P X X X Samc as above.
facilities
Warehousing operations X P X X P Same as above.
OTHER USES
Ferry landings X X C C X Same as above.
Docks and piers for pleasure craft X X e¡: er X Same as above.
Accessory buildings and structures P P P P P Same as above.
Garages, public parking C C C C C Same as above.
Radio, television and other C C C C C Same as above: except as provided
telecommunications towers-zmd 1l1 applicable Federal
aI,l\.,.mat:; Communications Conunission
rules and re p.llations: see Ch.
1778 PTMe..
Sqþ,J!jte dishes and antennae ¡: ¡: ¡: ¡: ¡: Satellite dishes and antelmae shall
meet the requirements of
§ 17.22.030 PTMe. "Marine-
related and manufacturing bulk.
dimensional and density
requirements," except as provided
in applicable Federal
Communications Commission
rules and re~ulations: see
Ch. 17.78 rTMC.
04/07/97 City Council FINAL DRAFT. Title 17
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17.22.030 Marine.related and manufacturing zoning districts. Bulk, dimensional and
density requirements.
A. The standards contained in Table 17.22.030 PTMC apply to all marine-related and
manufacturing zoning districts, and shall be determined to be minimum requirements, unless stated
as maximum by this title.
R. Setbacks and minimum yard requirements. Notwithstanding any other ordinance or
provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the
building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a
roof of a building may extend beyond the building line a maximum distance of two feet into the
applicable minimum yard area.
C. Construction and permits. From and after the effective date of the ordinance codified in
this section, no building permit shall be issued and no building shall be constructed on any tract,
lot or site in the city unless the building is situated on such tract, lot or site in conformance with
the requirements of Title 17 PTMC and any other applicable provision oflaw.
04/07/97 City Council FINAL DRAFT-Title 17
-101.
Table 17.22.030
Marine-Related and Manufacturing Zoning Districts -
Bulk, Dimensional and Density Requirements
DISTRICT M/C M-I M-ll(A) M-ll(B) M-Ill
None None None None None
MINIMUM LOT SIZE 5.000 sf 5.000 sf 5.000 sf 5.000 sf 5 000 sf
MINIMUM FRONT YARD 10' 10' None 10' 20'
SETBACKS
MINIMUM REAR YARD 10' 10' None None 20'
SETBACKS
MINIMUM SIDE YARD 5' each side 5' each side None None 15' each side
SETBACKS
MAXIMUM BUILDING HEIGHT 35' 35' 50' 35' 50'
MAXIMUM LOT COVERAGE 2 sf of gross 2 sf of gross 2 sf of gross 2 sf of gross 1 sf of gross
FLOOR AREA RATIO floor area per floor area per floor area per floor arca per floor area per
1 sf of lot 1 sf of lot 1 sf of lot I sf of lot 1 sf of lot
Front = 4' Front = 4' Front = 10' Front =4' Front = 10'
MAXIMUM FENCE HEIGHT Side = 8' Side = 8' Side = 10' Side = 8' Side = 10'
Rear = 8' Rear = 8' Rear = 10' Rear = 8' Rear = 10'
04/07/97 City Council FINAL DRAFT-Title 17
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Chapter 17.24
PUBLIC, PARK AND OPEN SPACE ZONING DISTRICTS
Sections:
17.24.010 Purposes.
17.24.020 Public, park and open space zoning districts - Permitted, conditional and prohibited
uses.
17.24.030 Public, park and open space zoning districts - Bulk, dimensional and density
requirements.
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.
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: The district occurs on lands used to provide public
utilities, facilities, and services. Allowed uses include, schools, libraries, public utilities, and
government buildings.
17.24.020 Public, park and open space zoning districts - Permitted, conditional and
prohibited uses.
A. Table 17.24.020 PTMC 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 outri~ht. additional permits may
be required for certain projects. Uses not specifically identified within Table 17.24.020 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.
04/07/97 City Council FINAL DRAFT-Title 17
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B. Requirements for the uses identified in Table 17.24.020 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 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 u~es whicÞ are identified in this Title as prohibited or conditiQnal uses within the
applicable zonill8 district ~ha1\ be considered conditional and processed as a minor CUP (Type II)
in accordance with Chapter 20.01 ,subject to the approval criteria codified in Chapter 17.84
PTMC
04/07/97 City Council FINAL DRAFT-Title 17
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Table 17.24.020
Public, Park and Open Space Zoning Districts -
Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT 1 P/OS(A) I P/OS(B) I P.I APPLICABLE REGULATIONS/NOTES
RECREATIONAL AND CULTURAL USES
Community centers * Q * Q
Community gardens
Conference centers
P
C
P
X
Fairgrounds X X P
Golf courses and driving C X P
ranges
Libraries X X P
Museums C X P
Open spaces and trails P P P
Parks P p P
Recreation areas P P P
Recreation facilities C X P
Stadiums, arenas and
assembly halls
Swimming pools C
Zoos C
PUBLIC FACILITY AND UTILITY USES
Allports and landing fields X X
C
X
X
X
Bus and transit storage
and maintenance facilities
X
X
CoITectional facilities Gails
and prisons)
X
X
04/07/97 City Council FINAL DRAFT-Title 17
P
Section 17.24.030 PlMC, "Public, park and open
space bulk, dimensional and density
requirements. "
P
X
N/A
Section 17.24.030 PlMC, "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. "
P
Same as above.
P
P
Same as above.
Same as above.
C
"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. "
P
C
"CoITectional facilities" are considered an
"essential public facility" under RCW
36.70A.200; ". . . their siting camlOt be precluded
by development regulations. . ."
-105-
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT P/OS(A) P/OS(B) P-I APPLICABLE REGULA nONS/NOTES
Electrical distribution X X C Same as above.
substations and power
generating facilities
Institutions, educational * X P Same as above.
Q
Municipal improvements P P P Section 17.24.030 PTMC, "Public. park and open
space bulk, dimensional and density
requirements. "
Offices,governrnent * C P Same as above.
including public buildings Q
and public facilities
Other facilities designated
as essential public facilities The siting of "essential public facilities" cannot
by the Washington State X X C be precluded by development regulations under
Office of Financial RCW 36.70A,200.
Management
Schools, public X X P "Public schools" are considered an "esscntial
public tàcility" under RCW 36.70A,200; ". . .
their siting cannot be precluded by development
regulations. . ."; Section 1724.030 P1MC,
"Public, park and open space bulk, dimensional
and density requirements."
Solid waste facilities, X C C "Solid waste handling facilities" are considered
including major recycling an "essential public facility" under RCW
facilities 36.70A.200; ". . . their siting cannot be precluded
by development regulations. .
Stonnwater retention, P P P N/A
detention, and treatment
facilities
Water and wastewater Section 17.24.030 PTMC, "Public, park and open
facilities (pump stations,
treatment plants, P P P space bulk, dimensional and density
water towers) requirements."
OTHER USES
Docks and piers for P C P Such facilities require compliance with the
pleasure craft Shoreline Master Program.
Cemeteries, crematoriums X X P Section 17.24.030 PIMC, "Public, park and open
and mausoleums space bulk, dimensional and density
requirements. "
Emergency shelters C C P Same as above.
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Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited
DISTRICT
P/OS(A)
P/OS(B)
FeTty landings
x
x
Hospitals
x
x
Radio, television and other
telecommunications towers
and antennae
Recycling tàcilities, minor
C
C
x
C
ACCESSORY USES
Accessory buildings and
structures
P
p
Public parking garages
Satellite dishes and
antennae
x
P
C
P
04/07197 City Council FINAL DRAFT-Title 17
P-I
APPLICABLE REGULA TIONSINOTES
P
Such facilities required compliance with the
Shoreline Master Program; Section 17.24.030
PTMC, "Public, park and opcn space bulk,
dimensional and density requirements."
Section 17.24.030 PTMC, "Public, park and open
space bulk, dimensional and density
requirements."
Same as above.
P
C
p
Same as above.
p
Section 17.24.030 PTMC, "Public, park and open
space bulk, dimensional and density
requirements. "
Same as above.
Same as above. except as provided in applicable
Federal Communications Conmlissior¡ rules and
regulations: see Ch. 17.78 PTMc.
P
P
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17.24.030 Public, park and open space zoning districts. Bulk, dimensional and density
requirements.
A. The standards contained in Table 17.24.030 PTMC apply to all public, park and open
space zoning districts, and shall be determined to be ITÚnimum requirements, unless stated as
maximum by this title.
B. Setbacks and minimum yard requirements. Notwithstanding any other ordinance or
provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the
building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a
roof of a building may extend beyond the building line a maximum distance of two feet into the
applicable minimum yard area.
C. Construction and permits. From and after the effective date of the ordinance codified in
this section, no building permit shall be issued and no building shall be constructed on any tract,
lot or site in the city unless the building is situated on such tract, lot or site in conformance with
the requirements of Title 17 PTMC and any other applicable provision oflaw.
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Table 17.24.030
Public, Park and Open Space Zoning Districts -
Bulk, Dime~sional and Density Requirements
DISTRICT P/OS(A) P/OS(B) P-I
MINIMUM LOT SIZE None None None
MINIMUM FRONT YARD 20' 50' 20'
SEJEACKS
MINIMUM REAR YARD 10' 100' 10'
SEJEACKS
MINIMUM SIDE YARD 10' 100' 10'
SEJEACKS
MAXIMUM BUILDING 35' 35' 50'
HEIGHT
MAXIMUMFLOOR AREA I sf of gross floor I sf of gross floor 3 sf of gross tloor
RATIO LOT COVLRACI: area per 10 sf of lot area per 10 sf of lot area per lQ sf oflot
Front = ffl 4' Front = 10' Front = 10'
MAXIMUM FENCE HEIGHT Side = t& ~' Side = 10' Side = 10'
Rear=W 8' Rear = 10' Rear = 10'
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Chapter 17.26
OVERLAY DISTRICTS
Sections:
17.26.010 Overlay districts - Generally.
17.26.020 Application of regulations.
17.26.010 Overlay districts - Generally.
Overlay districts are established to protect, maintain and enhance the unique physical and cultural
resources and character ofthe city.
17.26.020 Application of regulations.
Property located within an overlay district as described in this title and the Port Townsend
Shoreline Management Master Program and shown on the official overlay maps of the city is
subject both to its zone classification regulations and to the additional requirements imposed for
the overlay district. In any case where the provisions of an overlay district conflict with the
provisions of the underlying zone, the overlay district provisions shall apply. In any case where
the use provisions of the Port Townsend Shoreline Management Master Program conflict with the
use provisions of the underlying zone, the use provisions of the Port Townsend Shoreline
Management Master Program shall govern over the use provisions of this title even if a use is
permitted pursuant to the Port Townsend Shoreline Management Master Program which would
not otherwise be permitted under this title.
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Chapter 17.28
SPECIAL HEIGHT OVERLAY DISTRICT
Sections:
17.28.010 Purpose.
17.28.020 Boundaries of district - Height overlay subdistricts.
17.28.030 Development standards.
17.28.040 Application of regulations.
17.28.010 Purpose.
The purpose of this chapter is to establish a "special height overlay district" which will protect the
visual and physical prominence of the bluff which is a unique and dominant land form of the city.
17.28.020 Boundaries of district - Height overlay subdistricts.
The special height overlay district shall extend from the waterfront to the top of the bluff and shall
be divided into certain subdistricts as described in PTMC 17.28.030. The boundaries of the
special height overlay district and the height overlay subdistricts are shown on the official height
overlay map, which is hereby made a part of this title, just as if such information set forth on the
map were fully described and set out herein. The official height overlay map, attested by the
signatures ofthe mayor and the city clerk, with the seal of the city affixed, shall be kept on file in
the office of the building official, and shall be available for inspection by the public.
17.28.030 Development standards.
A. No structure shall be erected, or altered, in any area defined in this section to a height in
excess of the limits established in this section unless otherwise provided.
B. The maximum building heights in each of following described subdistricts of the Original
Townsite of Port Townsend shall be as follows:
Subdistricts: All within the Original Townsite of Port Townsend
Blocks 2, 47, 50, 95 and 98 (Pt. Hudson)
Block 94 (Pt. Hudson)
Block 99 (Pt. Hudson) and Lots 1,3, and 5-8 of Block 45
Block 4
Block 5
Block 6
Blocks 7,8,9,40,41 and 42
Blocks 10 and 38
Blocks 11 and 52, plus Lots 2 and 4 of Block 45
Block 12
Blocks 36 and 44
Block 37
Block 39
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Maximum height in feet
25
32
34
30
36
46
50
46
37
35
40
42
48
Block 43
Blocks 93 and 100
The subdistrict bounded on the southeast by Washington Street, on the
northeast by Quincy Street, and on the northwest by the face of the bluff
The subdistrict bounded on the southeast by Washington Street, on the
southwest by Quincy Street, on the northeast by Monroe Street, and on
the northwest by the face of the bluff
47
43
50
45
17.28.040 Application of regulations.
All properties located within the special height overlay district shall be subject to both its
underlying zone classification and to the requirements imposed by the special height overlay
district. In any case where the provisions of the special height overlay district conflict with the
provisions of an underlying zone, the more restrictive height limitation shall apply.
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Chapter 17.30
WATERFRONT DESIGN GUIDELINES OVERLAY DISTRICT
Sections:
17.30.010 Purpose.
17.30.020 Subdistricts - Boundaries.
17.30.030 Design review - Application, review and appeals.
17.30.040 Design review guidelines - Overall.
17.30.050 Design review guidelines - Subdistricts.
17.30.060 Limitation on actions.
17.30.010 Purpose.
The purpose ofthis chapter is to establish the waterfront design guidelines overlay district to
protect, maintain and enhance the diversity of the waterfront area of the city and the unique
characteristics of certain subdistricts within that area.
17.30.020 Subdistricts - Boundaries.
A. The waternont design guidelines overlay district shall be divided into subdistricts as
follows:
I. Urban wetlands district;
2. Boat Haven marina district;
3. Crossroads district;
4. Bluff Narrows district;
5. Ferry retail district;
6. Historic commercial district;
7. Civic district;
8. Point Hudson marina district.
B. The boundaries of the waterfront design guidelines overlay district and the subdistricts are
shown on the official waterfront design guidelines map, which is hereby made a part of this title,
just as if such information set forth on the map were fully described and set out herein. The
official waterfront guidelines map, attested by the signatures of the mayor and the city clerk, with
the seal of the city affixed, shan be kept on file in the office of the building official, and shall be
available for inspection by the public.
17.30.030 Design review - Application, review and appeals.
A. Certificates of Review Required. No person shall alter, demolish, construct, reconstruct,
restore, remodel, or make any visible change to the exterior appearance of any structure or to the
public rights-of-way or other public spaces in the waterfront design guidelines overlay district,
and no one shall remove or substantially alter any existing sign or erect or place any new sign
within the waterfront design guidelines overlay district, and no city permit or approval for such
activity shall be issued unless a certificate of review has been issued by the city's historic
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preservation committee ("HPC") created by Ordinance No. 2035 and codified in Chapter 2.72
PTMc.
Emergency repairs, ordinary maintenance and repairs, interior remodeling or decorations are
exempt ftom the requirements of this chapter. There are no other exceptions to the requirement of
a certificate of review.
B. Optional Design Review. Design review will be provided by the HPC for projects located
outside the watemont design guidelines overlay district, but within the urban waterfront planning
area, at the option of the project proponent.
C. Preapplication Consultation. Preapplication consultations with HPC staff are strongly
recommended to assist project proponents in achieving acceptable designs and to facilitate timely
review. Project proponents should contact the HPC as early as possible in the design phase and
arrange for a meeting to discuss the design guidelines and the review process.
D. Application.
1. Application for design review shall be submitted to the HPC at the building and
community development department and shall consist of a completed application on a form
prescribed by the HPC, accompanied by a site plan showing the location of the building or
buildings, parking, exterior lighting, signs and landscaping; exterior elevations of the front and
side with a description of the type and finished color of exterior siding, windows and roofing to be
used; detailed drawings or architectural features, signs and trim; and "as is" photographs of the
subject building or site and adjacent structures. All diagrams shaH be drawn to scale. The HPC
may request additional information necessary for their review and recommendation.
2. Applicants for a conditional use permit or variance pursuant to PTMC Title 17, or an
environmental determination pursuant to PTMC Title 19, or a shorelines substantial development
permit pursuant to the shoreline master program shall submit their plans for review and
recommendation to the HPC at least 60 days prior to the first hearing or meeting of the planning
commission, shoreline management advisory commission or city council scheduled on the
proposed development.
E. Review Process.
1. Upon receipt of a completed application for review, the building official shall notify
the HPC and forward the application to its members.
2. The HPC shall set a public meeting time and place as soon as possible to review the
application according to the design review standards established pursuant to PTMC 17.30.040
and 17.30.050. The HPC shall request the applicant, and any design professionals assisting the
applicant, to attend the meeting. If the applicant, or the applicant's representative responsible for
project design, fails to attend the meeting, an alternate meeting shall be scheduled by the HPC
within 30 days of the initial meeting; provided, that in such event, the 60-day review period,
prescribed in subdivision 5 ofthis subsection, shall not commence from the date of the application
but shall instead commence on the date to which the meeting on the subject application is
continued. Failure of the applicant, or the applicant's representative responsible for project design,
to attend both the initial and the continued meeting set for review of the application shaH
constitute a failure of the application requirements and no permits shall be granted by the city on
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the project unless and until the applicant has reapplied for review and obtained a certificate of
review under this chapter.
3. The HPC may schedule additional meetings as it may find necessary and desirable to
complete its review. The HPC may, in the execution of its review, assign any portion of the
review of any application to any member or committee of the HPC; provided, that final action to
issue a certificate of review shall be made by a majority vote ofa quorum of the HPC.
4. Upon receipt of an application for a permit for development subject to review under
this chapter, the building official shall:
a. Inform the applicant of the review requirements;
b. Report receipt ofthe application to the HPC;
c. Assist the HPC in considering the building, zoning, shoreline, sign and fire code
requirements which may apply to the proposed development; and
d. Shall not issue any such permit until a certificate of review has been obtained.
5. Unless an extension is authorized by the applicant, the HPC shall complete its review
within 60 days of receipt of a complete application. In the event the HPC fails to issue a certificate
of review within such period, a certificate of review shan be deemed to have been issued without
recommendation as if the HPC had so acted.
F. Binding Review. Within the watem-ont design guidelines overlay district, the
recommendations of the HPC under this chapter shall be binding on the applicant and compliance
with such recommendations is mandatory. For projects located outside the waterfront design
guidelines overlay district electing to participate in the design review process under subsection C
of this section, the recommendations of the HPC under this chapter are advisory only and
compliance is optional.
G. Appeals. Any person may file an appeal ftom the recommendations of the HPC by paying
the required fees and deposits and submitting in writing to the city council the reasons for the
appeal within 30 days ofthe date the HPC issues a certificate of review on the matter or, in the
event the HPC fails to issue a certificate of review, within 30 days after the expiration of the 60-
day review period provided in subsection E.5 of this section. The fee for such an appeal shall be
$250.00, plus the costs of any and all transcriptions, photocopying and notifications required to
process the appeal. At the time of filing of an appeal, the appellant shall also make a cash deposit
in the amount determined by the city clerk to defray costs. Valid appeals shall be considered and
decided by the city council as follows:
1. Within 30 days of receipt of a valid appeal, the city clerk shall obtain a complete
record and verbatim transcript of the proceedings before the HPC on the matter and distribute
copies of same to the city council.
2. The city council shall, within 45 days of receipt of the appeal, meet in public session to
determine whether or not the record of the HPC on the matter is adequate to make a decision on
the appeal. If the city council determines that the record is adequate, it shall then and there
deliberate and decide on the appeal without additions to the record of the HPc. If, however, the
city council determines that the record is not adequate, it shall set forth by resolution the extent to
which the record is inadequate and shall either:
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a. Remand the matter to the HPC for reconsideration; or
b. Set a time and place for a public hearing on the appeal. Public notice of the hearing
shall be provided in the same manner as that required for a conditional use permit. The city
council may liDÚt testimony and subDÚssion of additional information on the appeal to the specific
scope of inadequacy of the record cited in its resolution.
3. Standard of Review. In making its decision on the appeal, the city council shall give
substantial weight to the recommendations of the HPC and shall adopt written findings offact and
conclusions in support of its decision. In order to grant any appeal from the recommendations of
the HPC, the city council must find that the historic preservation committee was clearly erroneous
in its conclusions or that the HPC failed to adhere to the design guidelines established by the
ordinance codified in this chapter or as it may be hereafter amended.
17.30.040 Design review guidelines - Overall.
In its review of projects within the waternont design guidelines overlay district which are
subject to this chapter, the HPC shall be guided by the following design guidelines:
A. City Form.
I. Designs should acknowledge the role of the shoreline and the bluff as the traditional
determinants of the form of the city's development by preserving and continuing the linear
organization of the city between the shoreline and the bluff.
2. Designs should assist the redirection of the city's focus to the waterfront by enhancing
public access to the waternont, creating public open spaces oriented to the waternont, and
encouraging waterfront uses and activities which are consistent with the carrying capacities of the
aquatic environment.
3. New buildings or redeveloped buildings shall preserve and enhance the city's pyramidal
form through compliance with the special height overlay district regulations set forth in Chapter
17.28 PTMc.
4. New development or redevelopment shall follow and enhance the unique character of
its environs through compliance with the design guidelines set forth for the subdistricts in PTMC
17.30.050.
5. New development should recognize the city's historic architectural heritage through
the use of building materials, construction methods, building proportions and architectural devices
compatible with those used in existing buildings, but should not attempt to replicate existing
historical buildings.
6. In the development of streets and parking areas, functional requirements for vehicular
movement and parking should not compromise the safety of or inhibit the movement of
pedestrians. Streets should have easy and well-marked pedestrian crossings. Parking lots should
be small, incremental, well-lit and secure. Pedestrian movement should be enhanced through the
location of landscaping, lighting and signage.
B. City Connections.
1. Property owners are encouraged to make available areas within and around
developments where monuments and markers can be established by the city to commemorate
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historic people and events, mark places of urban celebration, and give visual orientation to users
of the city.
2. Designs shall protect views of the water and the bluff through compliance with the
shoreline master program, the special height overlay district regulations set forth in Chapter 17.28
PTMC, and other design guidelines established in this chapter.
3. Any new development or redevelopment of properties adjacent to the shoreline shall
comply with the policies and performance standards of the shoreline master program and the
Washington State Department of Ecology Shorelands and Coastal Zone Management Program
Shoreline Public Access Handbook, relating to visual and pedestrian access to and along the
waterfront. In furtherance of those policies, public access to and along the waterfront should be
coordinated and linked with other public access to create a continuous public walkway along the
waterfront described in the plan as the "W aterwalk."
4. Designs should include and incorporate visual and physical connections between
pedestrian spaces and public access areas which encourage easy and inviting movement between
adjoining spaces. Designs should incorporate views through developments, where feasible.
5. Any redevelopment of existing public rights-of-way and public access connections
along the bluff line, should preserve, create and enhance vehicular and pedestrian connections
between the downtown and uptown areas of the city. Where these conflict, pedestrian
considerations should prevail.
C. Civic Spaces.
I. Streets should be designed to function as public open spaces bordered by buildings, in
addition to facilitating traffic movement. Buildings should be designed to enhance the pedestrian
experience through the use of such features as building articulation (i.e., variations in building
materials, surface texture, windows, doors, porches and other facade features), landscaping,
lighting and signage without encumbering the efficient movement and parking of vehicles.
2. Development at street intersections should enhance intersections in ways that extend
beyond functional needs through the location of building entries and the incorporation of building
details, street lighting, landscaping and signage which respect and conform to the character of
existing structures at the intersection.
3. Designs are encouraged to make natural areas and open space accessible to the public
in ways that do not destroy or endanger wildlife habitats or water quality. Designs should utilize
lighting, furniture and landscaping in a way that natural areas and open spaces can be used in a
safe and secure manner. Where possible through public/private partnerships, vacant lots within the
city, until developed, should be made available as parks and courtyards which are accessible to
citizens and visitors.
4. Open spaces and enclosed or sheltered public spaces should be designed to be flexible
and to accommodate a variety of functions, including both organized use, such as outdoor
concerts and group gatherings, and casual use.
5. Public open spaces created within the urban waterfront area should incorporate
appropriate landscape and hardscape elements in accordance with the character of the subdistrict
and the natural environment within which the development is being designed.
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6. Street furniture, lighting and signage should be designed in accordance with the
character and predominant theme of the subdistrict in which it is located.
D. Buildings.
1. New construction should preserve and continue the traditional block development
pattern of the city by creating buildings that follow in scale and proportion the traditional
modularity of existing block faces with buildings constructed to street property lines and main
access fi-om the street. In areas immediately adjacent to traditional blocks where the traditional
block pattern has not been followed, new development and redevelopment should be designed
with the same scale and proportions as would be found within the traditional block pattern with
buildings constructed to the property line and main access trom the street.
2. New structures built between or among existing structures should reflect the principles
of design of the surrounding buildings in proportion, composition and detail. New buildings
should be designed to fit into the context of the existing block within which they are built and be
good "background" buildings, which respect and support existing structures, rather than "image"
buildings, which depart significantly in architectural style. To accomplish these goals, building
designs should adhere to the following: proportions of the facade should be similar to those of
adjacent buildings; existing cornice lines should be continued; storefronts should be aligned; and
windows, storefronts and other openings should be in the same proportions as those of adjacent
buildings both on upper and ground floor levels.
3. Design facades for new buildings should build on the qualities of existing facades with
predominant attention given to the design integrity of the vertical wall.
4. Designs which incorporate artificial or synthetic decorative detail to replicate historic
precedent are discouraged, while designs which utilize traditional materials and craftsmanship to
create the same quality and detail that is fundamental to the historic buildings of the district are
encouraged.
5. In new development or redevelopment building materials should be limited to those
predominant materials used in the existing structures within the particular subdistrict as defined in
PTMC 17.30.020. Synthetic or artificial materials are discouraged in exterior applications.
17.30.050 Design review guidelines - Subdistricts.
In addition to the design guidelines set forth in PTMC 17.30.040, the HPC shall be guided
within each ofthe subdistricts by the following design guidelines:
A. Urban Wetlands District.
1. Development shall be limited to uses or activities that protect or enhance "wetlands."
F or the purpose of these guidelines, "wetlands" are defined as those areas that are inundated or
saturated by surface water or groundwater at a fi-equency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions, as more specifically defined at RCW 36.70A030.
2. Any construction (i.e., trails and access pathways) should be constructed of nontoxic,
natural materials, which have low environmental impact.
B. Boat Haven Marina District.
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1. Roads, walkways and other public areas within tlùs subdistrict shall be designed to
address velùcular and pedestrian needs while maintaining the character of tlùs subdistrict.
2. Any new development shall be consistent with the Port of Port Townsend
Comprehensive Management Plan, dated May, 1982, induding any amendments and revisions to
that plan, and future city plans.
C. Crossroads District.
1. The use of existing and planned pedestrian connections to Kah Tai Lagoon, Water
Street and the proposed Jefferson Street Hill Climb described in the plan shall be encouraged and
facilitated through landscaping, paving, signage and lighting.
2. The city shall design and implement landscape treatment of the "Triangles" as a key
open space resource of this area. "Triangles" are defined as those publicly owned parcels of
property resulting from the angular intersection of existing streets.
3. Designs are encouraged to enhance pedestrian traffic in this subdistrict without
impeding vehicular traffic through the use of paving textures, fencing, landscaping and signage
which make a greater distinction between automobile traffic and pedestrian circulation systems.
4. Designs should enhance public access to and along the shoreline of this subdistrict.
D. Bluff Narrows District.
I. Buildings shall be designed with the building facade set back at least five feet at each
floor level along the following view corridors: Calhoun Street, Pierce Street, Cass Street, Benton
Street and Water Street. This setback will apply from each abutting street right-of-way such that
the second floor shall be set back at least five feet from the facade of the first floor and each
higher floor shall be set back at least five additional feet ITom the facade of the floor immediately
below.
2. Streetscape designs must comply with the Streetscape Design/Main Street Project
Manual adopted January 17,1989, by Ordinance No. 2143. Parking lots must provide a five-foot
planted buffer between the lot and all public rights-of-way. Storage areas must be screened from
view from all public rights-of-way and the Waterwalk, as defined in the plan, by five-foot high
fencing or landscaping of equal height and density.
3. Electrical and communication wiring shall be located underground.
4. Designs should maximize public access provisions between buildings along the Bluff
Narrows.
E. Ferry Retail District.
1. New development should acknowledge and continue the continuity of the street facade
and the predominance of ground level street-front retail bays along Water Street and enclose or
otherwise conceal parking facilities.
2. Street landscaping shall be similar to existing landscaping on other areas of Water
Street, including the planting of trees. Landscaping shall be used along the waterfront to screen
utility structures, such as dumpsters, oil tanks, and service entrances, from public view.
3. Towers of no larger than 100 square feet in plan may exceed the building height limit
by a maximum of 10 feet; provided that no building shall exceed a total of 50 feet.
4. Brick and sheathing materials used in all new construction shall be compatible in color,
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texture and size with materials used in existing structures within the adjacent historic commercial
district.
5. Building color, signage, lighting and landscaping shall be compatible with, and similar
to, those of existing structures within the historic commercial district.
6. Designs should encourage and facilitate public access on the water-side ofthe ferry
retail district.
7. New development shaH provide a similar block pattern as found in the adjacent historic
commercial district. Buildings should be built to the property line along the following view
corridors: Water Street, Polk Street, Fillmore Street, Harrison Street, and Van Buren Street.
Elements occurring in public rights-of-way, such as signs, fountains and monuments shall be low
in form with vertical elements limited to slender obelisks.
F. Historic Commercial District.
1. Designs which provide water access, walkways and other water-side improvements are
encouraged.
2. Designs should preserve and restore public art and historic signage and art on existing
buildings.
3. Towers of up to 100 square feet in plan may exceed the height limit by 10 feet,
excluding finials or other architectural features of not more than five feet; provided that no
building shall exceed a total of 50 feet.
G. Civic District.
1. Streetscape design shall comply with the Streetscape Design/Main Street Project
Manual adopted January 17, 1989, by Ordinance No. 2143, including the specification of Norway
Maples as street trees. The city shall provide additional landscaping and hardscape features,
including special paving on Madison Street, monuments and banners that delineate and explain the
civic purpose of this subdistrict.
2. Brick that is compatible in color, texture and size with brick used in existing structures
in this subdistrict should be the dominant building material used in any future construction.
3. Designs should protect the view corridors along the Water Street axis to Point Hudson
and the Madison Street axis from Memorial Field and to the City Dock through compliance with
the height restrictions set forth in Chapter 17.28 PTMc. Buildings framing these view corridors
are encouraged to be built to the street property lines. Elements occurring in public rights-of-way,
such as signs, fountains and monuments, should be low in form with vertical elements limited to
slender obelisks.
4. City Hall should remain the dominant feature ofthe cityscape in this subdistrict. No
building shall be erected in this subdistrict that is greater in height than City Hall. Buildings
adjacent to or adjoining City Hall shall be of lower height and building facades shall be designed
with less detail and ornamentation than City Hall to defer to the architectural significance of City
Hall. Buildings connected to City Hall shall not directly abut City Hall at the street property line,
but shall be set back at least five feet from the property line for a length of at least five feet.
H. Point Hudson Marina District.
1. New development or redevelopment should be compatible in style, height, size,
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proportions and material used with the former Coast Guard and shipyard buildings in this
subdistrict. However, new developments are also encouraged to provide a transition to the civic
district and the historic commercial district by incorporating features of those subdistricts, such as
building materials and construction styles in the design.
2. Buildings more than 30 feet in length or width shall be designed to give the appearance
of groups of small buildings by varying building height, massing, setbacks, and facade features,
such as windows and doors, every 30 feet along the length of the building.
3. Towers of up to 100 square feet may exceed the height limit by 10 feet; provided that
no building shall exceed a total of 50 feet.
4. Public access to and along the shoreline is encouraged in all new development in this
subdistrict.
5. Mixed use projects, incorporating both water-dependent and water-related uses as
those terms are defined in the plan are strongly encouraged.
6. New parking facilities and additional roads should be minimized.
17.30.060 Limitation on actions.
Any decision, finding, ruling, determination, or binding recommendation of the HPC or the city
council made pursuant to the design review requirements and authority under this chapter shall be
final at the time a vote is cast and recorded on any such matter and no action to set aside or
modify the same shall be brought in the Superior Court or other tribunal unless the action shaH be
filed within 30 days ITom the date of such decision, finding, ruling, determination or binding
recommendation.
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Chapter 17.32
PLANNED UNIT DEVELOPMENTS
Sections:
17.32.010 Purpose.
17.32.020 Scope.
17.32.030 Minimum lot area.
17.32.040 Application submittal and contents.
17.32.050 Consolidated applications.
17.32.060 Innovative residential development.
17.32.070 Modification of permitted densities - Bonus density.
17.32.080 Modification ofpennitted uses - Commercial uses.
17.32.090 Modification of development standards.
17.32.100 Preliminary approval criteria.
17.32.110 PUD review process.
17.32.120 Perfonnance guarantees - PUD Agreement.
17.32.130 Modifications to an approved preliminary PUD.
17.32.140 Building and occupancy permits - Issuance after final PUD approval.
17.32.150 Final PUD plan requirements.
17.32.160 Time limitation on final PUD submittal.
17.32.170 Filing offinal PUD plan.
17.32.010 Purpose.
The purpose of this chapter is to implement the goals and policies of the Port Townsend
Comprehensive Plan by promoting creativity in site layout and design, allowing flexibility in the
application of the standards for residential and mixed residential/commercial development in order
to protect and enhance environmental features, encouraging the development of affordable
housing, and providing other public benefits. This chapter provides perfonnance criteria to
encourage flexibility in the choice of the types ofliving units available to the public through the
planned unit development (PUD) process. More specifically, it is the purpose ofthis chapter to:
A. Allow development ofland with physical constraints, while at the same time preserving the
natural characteristics of a site, including topography, native vegetation, wildlife habitat,
environmentally sensitive areas, and other natural amenities of value to the community;
B. Create and/or preserve open space for recreation and aesthetic enjoyment of residents and
employees;
C. Provide for the management and control of stonnwater;
D. Permit developers to use innovative methods and approaches not available under
conventional zoning methods to facilitate the construction of a variety of housing types and
densities serving the diverse housing needs of Port Townsend residents, to promote the affordable
housing goals and policies of the Port Townsend Comprehensive Plan;
E. Provide for the economic provision of public facilities and services by allowing choices in
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the layout of streets, utility networks, and other public improvements through superior site design
and the use of clustering;
F. Avoid the overburdening of present or planned capacity of public utilities, services,
facilities and streets, which may occur under conventional site development and zoning methods;
and
G. Encourage infiIl within areas ofthe city which are characterized by existing development.
17.32.020 Scope.
A. This chapter shall apply to all permitted uses within all residential districts (R-I, R-II, R-III
and R-IV) and mixed use districts (C-I/MU and C-II/MU). and constitutes a "floé\ting" overlay
zone over these districts; provided however, this chapter permits the development of limited
multi-family housing in R-I and R-II z;ones, and litnited commercial development in all residential
zones, so loni as the requirements of this chapter are satisfied. This chapter may be applied to
existing subdivisions and lots of record on which no development has yet occurred, or where
adequate vacant land exists within an existing development to meet standards and criteria of this
chapter.
B. The PUD process provides an alternative to traditional development under prescriptive
zoning and subdivision standards. This chapter shall not be applied to single-family residential
lots incapable of further subdivision due to lot size, or as a means to avoid other procedures more
appropriately reviewed as variance applications under Chapter 17.86 PTMC.
C. A PUD application must be processed with either an application for short subdivision, full
subdivision, or binding site plan approval. The scope ofthis chapter is to allow more innovative
ways of designing such development applications, enabling applicants to take advantage of
incentives, including flexible zoning standards, modification of requirements of the city's
engineeriqg design ~tandards, and bonus densities in appropriate circumstances, in exchange for
public benefits.
17.32.030 Minimum lot area.
The minimum lot area required for property proposed for a PUD shall be:
A. R-I and R-II districts - 40,000 square feet;
B. R-III and R-IV districts - 20,000 square feet; and
C. C-I/MU and C-II/MU districts - no minimum.
17.32.040 Application submittal and contents.
To be considered complete, the application shall include the following:
A. The application for approval of a PUD shall be submitted to the building and community
development department on forms to be provided by the department along with the appropriate
fees established by Chapter 20.09 PTMC;
B... A completed land use permit application form, including all materials required in
accordance with sectioQ 20.01.1 00 PTMC~ D. The application .shall iridudc
.c... Five copies of a PUD site plan prepared in accordé\nce witb the_following requirement:;;:
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1. A Gon1pktGd laud USG permit application form, induding all n1aterials required
pursuant to S~Gtion 20.01.100 PTMC;
2. The area of each proposed lot or parcel shall be drawn to accurately show that each
lot or parcel contains sufficient area to satisfy minimum zoning and health requirements;
23-. five Gopies of The PUD plan drawing shall be prepared by a Washington State
licensed engineer or land surveyor registered or licensed by the State of Washington. The PUD
plan shall be consolidated with any plan or plat submitted under Title 18 PTMc. The preparer
shall certify on the plan that it is a true and correct representation of the lands actually surveyed.
The preparation of the plan shall comply with the Survey Recording Act, Chapter 58.09 RCW and
Chapter 332-130 WAC. The plan drawing shall have minimum dimensions of t7 11 inches by 24
inches and contain all information required in Chapter 18.16 PTMC for subdivisions of property.
14. If the applicant proposes a site design providing for a variety of separate residential
or commercial areas, uses and/or densities within the site, the site plan shall include a table
providing the following information for each distinct residential area:
a. Proposed land use in each area (e.g. single family, duplexes, multi-family,
neighborhood-serving commercial use);
b. Number of dwelling units or commercial units/establishments;
c. Gross acreage;
d. Approximate area of the smallest lot;
45. A form for the endorsement of the Director of BCD, as follows:
APPROVED BY CITY OF PORT TOWNSEND
Building & Community Development Director
Date
De. Where site conditions require geotechnical geologic analysis to assess or address any
probable significant adverse environmental impacts, induding environmentally sensitive area
conditions, a geotechnical report or study prepared by a competent geologist or geological
engineer or other similar professional may be required if deemed necessary by the public works
director or the BCD director;
EÐ. The applicant shall supply a narrative statement substantiating how the proposed
development will be superior to or more innovative than conventional development undertaken
under the city's land use regulations. The statement shall also substantiate how the proposed
PUD will provide a benefit to the public beyond that available through conventional development.
The applicant shall specifically identify all code requirements and criteria proposed for
modification;
EE. The applicant shall supply completed information and materials for all other land use
permit and development applications consolidated with the PUD application;
.G.. A conceptual landscape pla11. showing the proposed location and types of proposed
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veiet&tlOQ:
H.. Ruilding profiles if the Pun proposes mufti-family residential development; and
IF. Any additional pertinent information required by the BCD director and/or public works
director.
17.32.050 Consolidated applications.
The PUD application shall be considered simultaneously with an application for one or more of
the following: a preliminary plat or short plat; binding site plan; boundary line adjustment;
conditional use permit; multi-family development permit: variance; or any other permitting action.
17.32.060 Innovative residential development.
A. Innovative Residential Development - Purpose.
1. More efficient use can be made of land, energy and resources and more livable
development can be achieved when the designer has flexibility in residential types, placement and
density. Such flexibility can be achieved while safeguarding the public interest by review of the
proposed planned unit development plan which shows the type and placement of residential
structures. Therefore, the city allows planned residences at varied densities where specified in the
appropriate zones of the city.
2. Upon compliance with this Chapter 17.32, the use ofland may comply with the
provisions in this section in lieu of the provisions of the zone where located.
3. It is intended that innovative residential developments encourage imaginative design to
achieve these purposes. Therefore, incentives and flexibility may be allowed such as clustered
housing and bonus densities, lot averaging, zero-lot lines, condominium development, and mixed
residential types. The city may approve the use of these tools as provided in this section as
deemed reasonable and warranted by the exceHence of the resulting design and its benefits to the
community.
B. Innovative Residential Development - Techniques.
1. Clustered Housing. When residences are clustered in design groups in a planned unit
development with common open space, the clustered housing may, in lieu of the zone restrictions,
be designed with building locations, lot sizes, yards and/or density standards as prescribed on the
plat or on plans for the planned unit development approved by the city.
2. Bonus Density Bontts. When a plat, planned unit development, or other instrument is
submitted under this chapter as an innovative development, and is of sufficient excellence in
design and planning, a higher density may be aHowed therein in accordance with section
17.32.070 PTMc.
3. Lot Area Averaging. Lot area may be varied. Except as provided in section
17.32.060£ PTMC, the combined area of all lots and the private common open space in the
planned unit development shaH be equal to the density or lot size allowed in the zone where
located.
4. Flexible Yards. Yards may be reduced to zero provided the structures are shown on
the plat or planned unit development and a ten-foot access for maintenance is given by yard
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and/or easement along each outside wall.
5. Residential Types. To achieve the most efficient use and conservation of land, energy,
resources, view and terrain, mixed residential types may be designated and allowed in innovative
residential planned unit developments as prescribed in this chapter.
C. Minimum lot size. The minimum permissible size for a single residential lot permitted
through use of the incentives allowed in this chapter shan be 3,000 square feet.
D. Buyer Notification. The planned unit development plan shall note that the residences
thereon constitute an innovative residential development and must be constructed as shown on the
planned unit development plan. Building permits may be issued only for structure types and
placements as shown on the planned unit development plan. Sales agreements and titles for land
and residences sold in innovative residential developments shall note this restriction.
17.32.070 Modification of permitted densities - Bonus density.
A. Purpose for Bonus Densities. Bonus densities are intended to provide the incentive to
encourage the development of affordable housing, provide additional public amenities, or preserve
valuable natural or cultural resources and features. The satisfaction of any of the bonus density
criteria specified in subsection D of this section is considered to be in the public interest and
worthy of a bonus density.
B. Eligibility for Bonus Densities. Eligibility to obtain a bonus density is based upon site plan
review and approval by the city after a public hearing. Such bonus densities may be granted to a
deserving application ifthe PUD plan submitted is judged by the city to have achieved one or
more of the bonus density criteria.
C. Maximum Bonus Density. The maximum bonus density allowed is limited to an additional
36 2.Q percent over the density allowed in the underlying zone. In zones where a bonus density
may be allowed, either the bonus density aUowance in these PUD provisions or that aUowed in the
zone may be utilized in the PUD, but not both. Based upon attributes of a proposal and the
characteristics of the development site, the city may determine that a bonus density of less than 3-B
2Q percent is appropriate. In addition to criteria provided in this section, the density shall be
compatible with the site's natural constraints and the character and density of the surrounding
area. Compatibility for bonus density shall also be determined by proximity of the site to arterials,
transit service, employment and shopping areas and planned amenities.
D. Rasis for Approval of Bonus Density CIÌteria. Upon submittal of the PUD application, the
director shall review the proposed project and submit a report to the planning commission,
containing recommendations and proposed findings offact and conclusions with respect to the
allocation of bonus densities for the project. The allocation of bonus densities should be based
upon a comprehensive review of the entire project. It is the intention of this section to aUow
bonus densities where a PUD applicant proposes design attributes providing public benefits in
addition to those required by local, state of federal land use or environmental regulations. Bonus
densities will not be allowed for site design proposals which merely reflect mandatory
requirements oflocal, state and federal codes or regulations. Consideration ofthe following
criteria should be given, but need not be limited to these:
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I. Preservation of Agricultural Land and Open space and Natural, Historical and Cultural
Features (F.xceeding MandatoJY Code Requirements). Items for consideration in meeting this
criterion may include the quality of agricultural soils; preservation and minimum disturbance of
natural features and wildlife habitat; preservation of unique historical or cultural features;
preservation of open space; dedication to the city of land within the city's potential park or open
space areas and corridor as designated in the comprehensive plan and as Showfl on the land use
!l1aJ2; and preservation of air, sunlight and scenic resources.
2. Public Service and Facility Availability (Fxceeding Mandatory Code Requirements).
Items for consideration in meeting this criterion may include the provision of public schools;
public park or other public facilities and/or sites; bicycle and pedestrian pathway systems; public
transit and arterial access to the site; and special site design for special needs residents to situate
or cluster uses within a reasonable distance of fire and police protection, medical, shopping,
church and other such amenities.
3. Energy Efficiency (Fxceeding MandatoI)' Code Requirements). Items for
consideration in meeting this criterion may include preservation of solar access; south orientation
with added glazing for inhabited structures; the use oflandscaping and topography for windbreaks
and shading; common wall construction; transportation management strategies, including
transportation demand management ("TDM') strategies; the use of solar energy systems either
passive or active for heating and/or cooling; energy conserving design of roadways and other
structures; and higher insulation levels.
4. PJ;vatG ~ Recreation Facilities (Exceeding ManQatory Code Requirements).
Items for consideration in meeting this criterion may include provision for J2].!bli& pi i v ate
recreational features such as tennis courts, active play areas, swimming pools, passive open space
areas, bicycle and pedestrian pathway systems.
5. Environmental Design (ExceediIl,g Mandatory Code Requir~ments). Items for
consideration in this section may include on-site designs providing regional benefits, including
drainage control using natural drainage and landscaped drainage retention facilities; flood control
measures, particularly those measures serving regional needs; significant public access provided to
designated potential open space or park areas, shoreline areas, trails, scenic sites and viewpoints;
provision for substantial and exceptional landscape treatment; and the use of recycled materials
and resource conserving designs.
6. Affordable Housing (Exceeding Mandatory Code Requiremellts). Items for
consideration include the provision of a mix of housing types, utilization of townhouses,
condominiums and apartments directed to providing a reasonable mix or diversity of bona fide
affordable housing opportunities for a diverse segment of the community. Bonus densities will
also be allowed for projects providing low-income housing in market rate developments. In such
developments and other developments seeking bonus densities for the provision of low income
housing opportunities, the amount of bonus will be linked to the level of afford ability, i.e., the
lower the cost or rental rate per unit, the greater the bonus afforded to the development. Density
bonuses for low income housing projects will be granted only where all of the following
conditions are satisfied:
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a. The developer must agree to sell or rent the units to qualifying residents (i.e., only
low income and very low income households);
b. The developer must ensure the continued affordability of the units by qualified
residents for a minimum of 40 years through the use of restrictive covenants or other deed
restrictions approved by the city; and
c. The units must be of an innovative design and compatible with existing
neighborhood character, with adequate assurances that such design and compatibility will be
maintained throughout the 40-year period.
7. Provision ofInnovative Design. Items for consideration include the provision of
innovative design in a PUD similar, but not limited, to that described in section 17.32.060.B.
PTMC and innovative design which provides compact, attractive urban development in areas of
the city identified through the comprehensive plan for infill development.
8. Other suitable items believed by the city to be worthy of consideration may also be
included as bonus density criteria.
17.32.080 Modification of permitted uses - Commercial uses.
A. A planned unit development may allow commercial uses in residential zones which are not
otherwise pennitted in the underlying use zone only under the following circumstances:
1. The use shall be part of a planned development in which not more than 10 percent of
the gross floor area of the development is devoted to a commercial use which is not otherwise
permitted in the underlying use zone;
2. The use shall be supportive of and/or complementary to the other uses within a
planned development and scaled to meet primarily the needs of the inhabitants of the project;
3. The use shall be compatible with the uses permitted on other properties in the
surrounding area; and
4. There is public benefit to be realized by allowing the proposed use.
B. Basis for Approval of Commercial Uses in Rc<~kf~ntial PUDs. Commercial uses may be
located within the planned unit development when the proposed development includes residential
use as an integral component of the planned development and when commercial uses are situated
and developed in such a manner as to be compatible with any residential uses that are existing or
which could be developed in the adjoining residentially zoned area.
C. In proposing a commercial use in a residential zone, the applicant shall establish specific
community economic need for the use and facilities. The BCD director may require a competent
market analysis to demonstrate that need.
D. Building permits for commercial uses in a residential PUD situated within R-I, R-II, R-III
and R-IV districts may not be issued until at least two-thirds ofthe proposed residential units are
completed, including issuance offinal certificates of occupancy.
17.32.090 Modification of development standards.
A. The following development standards may be modified in approving a POD application:
I. Building setbacks (excepting s.ide yard setbacks and other s~tbacks adjacent to or
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abuttiOi residentially-zoned properties);
2. Height of building or structure in C-I/MU and C-IIIMU zones, not to exceed 40 feet in
the C-I/MU zone aqd 50 feet in the C-II ~ 7.one;
3. Required off-street parking spaces;
4. Landscaping requirements;
5. Lot size, except as provided in 17.32.060.D (minimum lot size is limited to 3,000
square feet);
6. Lot width;
7. Engineering design standards;
8. Design Multi-family and mixed use development standards contained in this Title 17
Chap,~rs 17.36 and 17.40 PTMc.
B. Standards which may not be modified or altered are:
1. Height of building or structure in all residentjal 7.ones:
2t. Shoreline regulations when the property is located in an area under the jurisdiction
of the Port Townsend Shoreline Master Program;
lx. Standards pertaining to development in environmentally sensitive areas;
13-. Regulations pertaining to nonconforming uses; and
~4. Regulatory standards and requirements pertaining to the preservation of historic
structures located within the National Register Historic District.
C. Basis for Approval of Alternative Development Standards. Approval of alternative
development standards for PUDs differs from the variance procedure described in Chapter 17.86
PTMC in that rather than being based upon a hardship or unusual circumstance related to a
specific property, the approval of alternative development standards proposed by a planned unit
development shall be based upon the criteria listed in this section. In evaluating a planned
development which proposes to modify the development standards of the underlying use zone, the
city shall consider and base its findings upon the ability of the proposal to satisfy the following
criteria:
1. The proposed planned development shall be compatible with surrounding properties,
especially related to:
a. Landscaping and buffering of buildings, parking, loading and storage areas;
b. Public safety;
c. Site access, on-site circulation and off-street parking;
d. Light and shadow impacts;
e. Generation of nuisance irritants such as noise, smoke, dust, odor, glare, vibration
or other undesirable impacts;
f Architectural design of buildings and harmonious use of materials;
2. The unique characteristics of the subject property;
3. The unique characteristics of the proposed use(s);
4. The arrangement of buildings and open spaces as they relate to various uses within or
adjacent to the planned development;
5. Visual impact of the planned development upon the surrounding area;
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6. Public improvements proposed in connection with the planned development;
7. Preservation of unique natural features of the property; and
8. The public benefit derived by allowing the proposed alteration of development
standards.
17.32.100 Preliminary approval criteria.
The following criteria are the minimum measures by which each proposed PUD will be
considered:
A. PUDs shall be given preliminary approval, including preliminary approval subject to
conditions, upon finding by the city that all of the following have been satisfied:
1. The proposed PUD conforms to:
a. Port Townsend Comprehensive Plan;
b. All provisions ofthe Port Townsend Zoning Code which are not proposed for
modification;
c. All engineering design standards which are not proposed for modification;
d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC); and
e. Any other applicable city, state or federal regulations, policies or plans, except
those standards proposed for modification;
2. Utilities and other public services necessary to serve the needs ofthe proposed PUD
shall be made available, including open spaces, drainage ways, streets, alleys, other public ways,
potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other
improvements that assure safe walking conditions for students who walk to and from school;
3. The probable significant adverse environmental impacts of the proposed PUD together
with any practical means of mitigating adverse impacts, have been considered such that the
proposal will not have an unacceptable adverse effect upon the quality ofthe environment, in
accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW;
4. Approving the proposed PUD will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare;
5. The proposed PUD satisfies all criteria set forth in PTMC sections 17.32.070 through
17.32.090, as applicable; and
6. The proposed PUD will be superior to or more innovative than conventional
development and will provide greater public benefit without additional probable significant
adverse impacts to public health, safety or the environment, than available through the use of
conventional zoning and/or development standards.
B. Notwithstanding approval criteria set forth in subsection A, in accordance with RCW
58.17.120, as now adopted and hereafter amended, a proposed PUD may be denied because of
flood, inundation or swamp conditions. Where any portion ofthe proposed PUD lies within both
a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either
the one percent flood hazard area or the regulatory floodway, the city shall not approve the PUD
unless it imposes a condition requiring the applicant to comply with Chapter 19.05 PTMC and any
written recommendations of the Washington Department of Ecology. In such cases, no
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development permit associated with the proposed PUD shall be issued by the city until flood
control problems have been resolved.
C. Preliminary approval does not constitute approval to obtain any building permits or begin
construction of the project.
17.32.110 pun review process.
A. An application for preliminary PUD approval shall be processed according to the
procedures for Type III land use decisions established in Chapter 20.01 PTMC, Administration of
Land Development Regulations.
B. PUD Consolidated with Short Subdivision. A PUD consolidated with a short subdivision
application shall be reviewed for compliance with all standards and criteria in Chapter 18.12
PTMC.
C. PUD Consolidated with Full Subdivision. A PUD consolidated with a full subdivision
application shall be reviewed for compliance with all standards and criteria in Chapter 18.16
PTMC.
D. PUD Consolidated with Binding Site Plan. A PUD consolidated with a binding site plan
application shall be reviewed for compliance with all standards and criteria in Chapter 18.20
PTMc.
E. In addition to review under all requirements of Title 18 PTMC, based on comments from
city departments and applicable agencies, the city shall review the proposal subject to the criteria
contained in this chapter, and shall approve any such proposal only when consistent with all the
provisions of this chapter.
17.32.120 Peñormance guarantees - PUD Agreement.
To ensure that the development is carried out in accordance with the proposed design and the
conditions of project approval, prior to final approval, the city shall require that the applicant
enter into written agreement with the city, which agreement shall constitute CC&Rs binding upon
all future purchasers, tenants and occupants of the PUD. Recordation of a signed PUD
Agreement shall be a precondition to final approval of the PUD. The PUD agreement may
include as applicable, and without limitation, the following:
A. An adequate guarantee providing for the permanent preservation, retention and
maintenance of all open space and other public areas;
B Where private reservation of open space area(s) are to be reserved and protected against
building development, the applicant shall convey to the city an open space easement over such
open space areas restricting the area against any future building or use except as is consistent with
providing landscaped open space for the aesthetic and recreational enjoyment of the surrounding
residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with
the open space objective may be permitted only where specifically authorized as part of the
development plan;
C. The care and maintenance of open space reservations shall be assured either by
establishment of appropriate management organization for the project or by agreement with the
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city for establishment ofa special service district for the project area on the basis of which the city
shall provide the necessary maintenance service and levy the cost thereof as a special assessment
on the tax bills of properties within the project area. The agreement shall provide the city with the
right to carry out, and levy an assessment for the cost of, any maintenance as necessary if it is not
otherwise taken care of to the satisfaction of the city. The manner of assuring maintenance and
assessing such cost to individual properties shall be determined prior to the approval of the final
£I.!I! proj~~t plans and shall be included in the title to each property;
D. Ownership and tax liability of private open space reservation shall be established in a
manner acceptable to the city;
E. Where bonus densities are obtained for low income housing development, the applicant
shall provide an assurance that the low income housing will be maintained on the property for not
less than 40 years and that project design and measures to ensure compatibility with adjacent land
uses shall be maintained throughout the 40-year tenn.
17.32.130 Modifications to an approved p..eHtll;tlAf) pun.
A. Minor modifications to a previously approved preliminary PUD, not involving the location
or relocation of a lot, tract or parcel boundary line and not involving the location or relocation of
a street, may be requested by the applicant and approved by the BCD Director subject to the
provisions for Type I decisions in Chapter 20.01 PTMc. Before approving such amendment, the
BCD Director shall make written findings and conclusions that the following exist:
I. The modification will not violate the terms and agreements of the PUD approval and
the intent of the original conditions of approval is not altered.
2. The modification will not cause the PUD to violate any applicable City policy or
regulation; and
3. The modification will not be inconsistent or cause the preliminary PUD to be
inconsistent with the decision ofthe city preliminarily approving the application. Without
limitation, a proposed modification will be deemed to be inconsistent with the preliminary
approval if the modification will:
a. Increase the residential density;
b. Reduce the area set aside for common open space;
c. Relocate the open space in a manner which makes it less accessible or usable to the
public or the occupants of the development;
d. Reduce any of the landscape buffers in width or density of planting between the
development and the adjoining properties;
e. Change the point( s) of access to different streets;
f Increase the total ground area covered by buildings or other impervious surfaces;
g. Fail to preserve trees or other unique natural features which were required to be
preserved by the preliminary PUD approval; ill
h. Impair or reduce the goals and requirements of the PUD to provide affordable or
low income housing opportunities.
B. Modifications which exceed the criteria above shall be processed as a new PUD
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application.
17.32.140 Building and occupancy permits - Issuance after final pun approval.
A. No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved PUD prior to a
detennination by the Fire Chief or designee that adequate fire protection and access for
construction needs exists.
B. No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved PUD until either:
1. All required improvements which will serve the subject lot or parcel have been
constructed and the city has accepted a properly executed bill of sale for such improvements; or
2. All required improvements have been bonded or otherwise guaranteed; or
3. An improvement bond in an amount adequate, in the determination of the public works
director, to guarantee construction of those required public improvements necessary to serve the
lot or parcel for which a building permit is sought, has been accepted by the city.
C. No occupancy permit for a structure other than a temporary contractor's office or other
approved temporary building shall be issued for a structure on a lot or parcel within an approved
PUD prior to final inspection and approval of all required improvements which will serve such lot
or parcel, to the satisfaction ofthe public works director and the city building official.
17.32.150 Final PUD plan requirements.
A. The applicant must submit a reproducible copy of the proposed final PUD plan to the
BCD Director.
B. PUDs Consolidated with Subdivision or Short Subdivision Approval. Where the PUD is
consolidated with a short subdivision or full subdivision, the applicant shall submit all information
required for submittal under Chapter 18.12 PTMC (Short Subdivisions) or Chapter 18.16 PTMC
(Full Subdivisions) as applicable.
C. PUDs Consolidated with Binding Site Plan Approval. Where the PUD is consolidated
with a binding site plan application, the applicant shall submit all information required for
submittal under Chapter 18.20 PTMC (Binding Site Plans).
D. In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels
within a PUD, a typewritten copy of such covenants, bearing all necessary signatures, shall be
submitted along with the final plat. Where the recordation of specific deed restrictions or CC&R
provisions have been required as a condition ofPUD approval, the BCD Director shall approve
and sign the deed restriction or CC&Rs prior to final PUD approval. The CC&R.s shall clearly
delineate the provisions which the city has imposed as a condition ofPUD approv(ll and those
provisions vohultarily impQsed by the applicant/declarant for private purposes. The CC&Rs shall
provide that tqe city will not enforce any private ÇC&R provisions.
E. The final PUD plan shall be accompanied by a current (within 30 days) title company
certification of
1. The legal description of the total parcel subject to the application;
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2. Those individuals or corporations holding an ownership interest and any security
interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title of said
parcel. Such individuals or corporations shall sign and approve the final plan prior to final
approval;
3. Any lands to be dedicated to the city shall be confirmed as being owned in fee title by
the owner(s) signing the dedication certificate;
4. Any easements or restrictions affecting the property with a description of purpose and
referenced by the auditor's file number and/or recording number; and
5. If lands are to be dedicated or conveyed to the city as part of the proposal, an
AL.T.A. title policy may be required by the public works director.
G. The applicant shall submit for final approval any PUD Agreement which may be required
in conformance with Section 17.32.120 PTMC.
F. The final PUD plan shall be processed as a Type IV application as set forth in Chapter
20.01 PTMC, Land Development Administrative Procedures, and shall be approved by the city
council upon satisfaction of all conditions of approval and all requirements as provided in this
section.
17.32.160 Time limitation on final PUD submittal.
Approval of a preliminary PUD shall expire unless the applicant submits a proposed final PUD
with all supporting documents in proper form for final approval within five years after preliminary
approval.
17.32.170 Filing of final PUD plan.
Upon review and approval ofthe final PUD, the BCD Director shall return the original to the
applicant for recording. The final PUD plan shall be filed in accordance with the applicable
procedures provided in Title 18 PTMc.
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Chapter 17.36
MULTI-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS
Sections:
17.36.010 Purpose and intent.
17.36.020 Applicability - peJ)]}it required.
17.36.030 Application process.
17.36.040 Orientation.
17.36.050 Parking location and design.
17.36.060 Fences and walls adjacent to pedestrian scale streets.
17.36.070 Support facilities.
17.36.080 Grading and tree/vegetation retention.
17.36.090 Open space.
17.36.100 Neighborhood scale.
17.36.110 Privacy.
17.36.120 Facade, footprint, and roof articulation.
17.36.130 Entries.
17.36.140 Materials and colors.
17.36.150 Landscape design.
17.36.010 Purpose and intent.
The general purposes of the multi-family development standards are as follows:
A. To describe how new multifamily buildings can be compatible with their surroundings;
B. To ensure new multifamily development is compatible with and enhances the character of
Port Townsend's residential neighborhoods;
C. To enhance the built environment for pedestrians in higher density areas;
D. To provide for development of neighborhoods with attractive, well-connected streets,
sidewalks, and trails that enable convenient, direct access to neighborhood centers, parks, and
transit stops;
E. To ensure adequate light, air, and readily accessible open space for multifamily
developments in order to maintain public health, safety, and welfare;
F. To ensure the compatibility of dissimilar adjoining land uses;
G. To maintain or improve the character, appearance, and livability of established
neighborhoods by protecting them from incompatible uses, excessive noise, illumination, loss of
privacy, and similar significant nuisances; and,
H. To encourage creativity and flexibility in the design of multifamily developments in a
manner that maximizes unique site attributes and is compatible with the character and intensity of
adjoining land uses.
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17.36.020 Applicability - Permit required.
A.. Applicability, The multi-family development standards contained within this chapter shall
apply to all multi-family projects regardless of their location or form of ownership (i.e., multi-
family dwellings containing five units or more, and to townhouse or rowhouse projects of five
units or more).
Ii. pemUt Required. Prior to obtaining a buildini permit for a multi-family deveiopmeill
project, tne applicant shall first obtain a multi-family development permit in accordance with this
chapter.
17.36.030 Applicati9P process.
A.. Applications. The application for a multi-family development permit shall be submitted to
BCD on foITT\& provided by the depart¡nent. along with the appropriate fees established b~
Chapter 20.09 PTMC. The application shall include all materials required pursuant to Section
20.01.100 PTMÇ and shall also include 'lfchitectural renderings and :>ite plans (including
landscaping details) ~ufficiently complete to shQW comprehensive project design.
It Approval process. Applications for multi-family development pennits shall be processed
according to the proced~res for Type I land use dec~ions established in Chapter 20.01 PTMC.
Administration of Land Development Regulations. The director shall enter findings and
conc1usion~~qpporting the decision.
c.. Variance. Where site constraints or other property development limitations rend~r
çOffipliance with all requirements of this chap.terimpracticable. an applicant may apply for a
variance in accordance with Chapter 17.8{> PTMC. Variances.
17.36.040 Orientation.
A. Requirement. Multi-family projects shall be designed to orient to public streets and to
provide pedestrian and vehicular connections to existing neighborhoods.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
I. Using a modified street grid system where most buildings in a project front on a street.
Where no public streets exist, creating a grid street system within the project.
2. Locating parking areas behind or under buildings and accessing such parking from
alley-type driveways. If driveway access from streets is necessary, minimum width driveways
meeting the Fire ~ AGce.!>.!> Standards should be used.
3. Providing each building with direct pedestrian access from the main street fronting the
building and fÌ'om the back where the parking is located.
C. The following illustrations depict site planning techniques that orient multifamily projects
to streets, adding value and identity to the complex, by siting parking behind the buildings:
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.¡~...0
"--Ø- . .' ~:
,-- (.'. ~ ã
I OJJtDEN ~~. : æ:::
I U?"'-i..:.. .~-
. 1~~~...':
COURTYAJtD . ......' c:
~ . ..~:'~:'.~. '.~ ::
. ... ~
I .. . . . \.:..Π=
: .."";' ~-
gl ~ . Jï r
\... OJRNØ CD UJ:IY.un . .J l
. ~IU I P...RKING -
~Ir~~~
; ~I LI
~..>t}tl~Q( ~1¡~U~2!!!i'~!!
MJOR S1"REEI'
17.36.050 Parking location and design.
A. Requirement. The impact of driveways and parking lots on pedestrians and neighboring
properties shall be minimized by designing, and-Iocating. and screenin~ parking lots, carports, and
garages in a way that creates few interruptions on the street, sidewalk, or building facade.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
1. Locating sutface parking at the rear or side of lot;
2. Breaking large parking lots into small ones in a way that provides easy access for
pedestrians;
3. Minimizing the number and width of driveways and curb cuts;
4. Sharing driveways with adjacent property owners;
5. Locating parking in areas that are less visible from the street;
6. Locating driveways so they are visually less dominant, and berming and landscaping
them when they are visible from the street;
7. Screening parking lots abutting single-family residences with landscaping and/or
fencing (see Section 17.36.140, Landscape Design); and,
8. Limiting parking lots on street frontages to 30 percent of the street frontage.
17.36.060 Fences and walls. adjdccut to pedestrian scale streets.
A. Requirement. The site shall be designed to minimize the need for fences and walls which
inhibit or discourage pedestrian use of sidewalks or paths, isolate neighborhoods, or separate
neighborhoods from main roads.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to, I. Keeping £ ont and s~de yar~s which abut a street visually -open to the
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meet"; 2:--P placing pedestrian breaks and/or crossings at frequent intervals where a fence, wall
or landscaped area separates a sidewalk from a building or one development from another...;-and-,
J. En1ploying small ~tbacks, indentations, stepped fenced heights, or other n1eans of
breaking up the wall or fence SUI face height where fences or walls are necessalj' to reduce noise,
provide butTers, create private yards or provide security, to maintain a pedestrian scale along the
street-.
17.36.070 Support facilities.
A. Requirement. Provide adequate lighting, screening, and pedestrian access to supporting
facilities such as tot lots. mailboxes, bus stops, and dumpsters. If otherwise required as a
condition of project approval, locate passenger shelters in well lit areas with access to the multi-
family walkway network. Provide for shielding and directing ofliihtjPi to minimize impacts upon
residents and abutting property owners.
B. Techniques for complying with the requirement in subsection (A) ofthis section include,
but are not limited to:
1. Site Lighting:
a. Providing site lighting along walkways throughout the project that is pedestrian
scale, and low in height and intensity;
b. Providing security lighting in parking areas and play areas;
c. Preventing lighting from shining into the dwelling units in the development; and,
d. Directing lighting away from neighboring development.
2. Bus Stops: Ensuring that the multi-family walkway network provides convenient
pedestrian access to the nearest transit stop.
3. Support Facilities:
a. Locating support facilities such as trash receptacles, dumpsters, and mechanical
equipment in areas adjacent to interior walkways; and,
b. Fully screening and landscaping support facilities.
17.36.080 Grading and tree/veeetation retention.
A. Requirement. To the extent reasonable and practicable, multi-family projects shall be
designed to minimize impacts to existing topography and vegetation, and to reduce the visibility
of multM'amily buildings on the hori.zol1 or sl ylines.
B. Techniques for complying with the requirement in subsection (A) ofthis section include,
but are not limited to:
I. Incorporating the natural grades in the overall design of the project;
2. Incorporate existing groups of tree/vegetation that will be protected and retained;
3. Minimizing disturbance of open space areas to better facilitate stormwater infiltration;
and,
4. Avoiding the placement of buildings adjacent to ridgetops, so the rooftops do not
extend above the crest of the ridgetops of the hillside, especially where views of historic sites are
concerned.
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C. The full owing illustrations depict how nmltifan,ily buildings an b~ located dovYil-slope to
preS~fve views from neighbùring sites.
[RESERVED - GRADING AND TilliE RLTENTION ILLUSTRATIONS]
17.36.090 Open space.
A. Requirement. Usable open space shall be provided in a multi-family development for all
the residents of the development.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
I. Where possible, combining the open space of contiguous properties to provide for
larger viable open space areas;
2. Siting permanent outdoor recreation equipment away from storm drainage facilities;
3. Using walkways to connect the open space to the multifamily buildings, parking areas,
and adjacent neighborhoods; and,
4. Incorporating a variety of activities for all age groups in the open space.
17.36.100 Neighborhood scale.
A. Requirement. To the extent reasonable and practicable, the architectural scale of new
buildings proposed for existing neighborhoods shall be compatible with or complement the
architectural character of neighboring buildings.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
1. Breaking a multi-fanúly building into house size building elements, especially where
there is a building height transition from adjoining development; and,
2. Using the existing separation pattern and orientation of buildings in the adjacent
neighborhood to establish the pattern of the new developments.
C. The following illustrations depict how multifamily buildings can be integrated into existing
neighborhoods:
Zone allowing greater bulk.
I
j --c--- - --t:ì' .
l~ . cafñDcro~ ~
I L Large DuUdln.. ¡
Good use of articulation could result in a form similar to this.
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~
This higher density multifamily building "steps back" to confonn to the abutting lower density
property. This use of modulation helps the multifamily building fit into the neighborhood.
Preferred: Thtt1s The multifamily buildin~ depicted as "A" and "B" below thM has ~ been
built on an identical site- However. building example "A" but whic.h incorporates design clues from
the surrounding neighborhood. This Building çjliamplç "A" covers roughly the same lot area.ilS.
building example "B" and provides for the same nwnber of units, while "fitting in" with its
surroundings.
Buildin2' example "A"
Buildin2' example "1;1"
Undesirable: This Multi-family building f;K{lß1ple "6" has been built on a site surrounded by
single-family development. The building bears no resemblance to the existing neighborhood, and
looks out of place.
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17.36.110 Privacy.
A. Requirement, Buildings shall be oriented for privacy, to the extent practical, both within
the project and to the neighborhood,
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
I, Reducing the number of windows or decks on the proposed building which overlook
the neighbors;
2, Staggering windows to avoid aligning with adjacent windows;
3, Increasing the side or- rear yard setback, or stepping back the upper floors so that
window areas are farther from the property line.
e. The following illustrations depict how multifamily buildings can be sited and designed to
preserve the privacy of adjacent homes:
Inappropriate siting and design oflarge buildings can reduce the privacy of adjacent homes,
'1>-
øt: ~-,.~.~
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. ~ ~ rf~ t ¡m
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Preferred
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~~~ i~ftt"1' r
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"",,---It,~ ,,~ .. ro" ~.
~ - . ..
. - :=:.~ .:.: r:D '~,: 1 :
~ ---- iù ¡j~,~uIII ï :
fJ' . ~- ..-iÑf t r\l~rl;~'
- . " I 'II' 1 ' I - - I';, '
. I, . I ¡ -.-
-~ I: ,,:!:1:I~I;fl' -;:. I...~
- HIIJrilU.it\I '~I, ~~~
.....~ . (...---." . ._-.~-.;...;....'\..
-:00-..- ::00;::'-'.. '.,'.',.-..".-
-."~ ,<:::--. '.-01--.' " ._~,n:,- " '-' 'r,..
.:/ ~. '~"':\.'\:'- ." - ,,:-
, ---
, r'--- - , .
Undesirable
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17.36.120 Facade, footprint, and roof articulation.
A. Requirement. Buildings shall have a common design theme that provides variety and
character within a project. Walls and roofs shall include separations, changes in plane and height,
and architectural elements such as balconies, porches, dormers, and cross-gables.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
1. Facade modulation - stepping back or extending forward a portion of the facade for
each interval;
2. Articulating each interval with architectural elements like a porch, balcony, bay
window, and/or covered entry;
3. Articulating the roof line by stepping the roof and by emphasizing dormers, chimneys,
or gables; and,
4. Providing a ground or wall-mounted fixture, a trellís, a tree, or other site feature
within each interval.
C. The fonewing illustrations depict multifamily design themes that provide project variety
and character:
"" §j~
~.~ .->
. ---
" .....-- . --'
Building details can reinforce the articulation interval.
~ Chimney
/' - WindoW'
U U r grOUpIngs
~c~ ~-~
L....' (J D --"" - "- 0 [:] "~
.Q. -~':"'*=f .Q.,- ~-+
I ( rn-"1- ~'l n I (. T)f:,'l
B~c~nics ~ y/
Lighting
Entries
Trees
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Modulation of the principal building facade adds interest to a long building.
-.-.
Articulatloa
laten-all
Modulatloa
Desirable
~,
~nl :~
Multifamily buildings with well detailed facades, cornice detail that gives the building a top, and covered,
recessed entries can contribute quality to a neighborhood. An example of a project emphasizing varied
rooflines, window details, facade articulation, a trellis, chinmeys, entry details and other features to add
interest and a greater sense of quality.
Undesirable
,....
-
..---
-
A multifamily building with a blank wall that faces the street and that lacks architectural and cornice
detail does not contribute quality or maintain human scale in this neighborhood.
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17.36.130 Entries.
A. Requirement. Clearly defined building entries shall be provided that are well-lighted,
easily accessible, and satisfy Washington State Barrier-Free Regulations.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
1. Making entrances plainly visible from the fronting street and walkway;
2. Using distinctive architectural elements and materials to denote prominent entrances;
and,
3. Ensuring that entries include a transition space from the sidewalk, such as steps, a
terrace, or a landscaped area.
C. The following illustrations depict desirable and undesirable multifamily building entries:
Preferred
Clear entries to the sidewalk encourage pedestrian circulation.
Undesirable
1!~-
~~rfCL!~ 9\
,I !II /111 !!Iln I r ~
.f~ t-~
Q 'Jo.
----:- --"'- ~ --
Lack of clear entries on the street can create an unfriendly streetscape.
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17.36.140 Materials and colors.
A. Requirement. Exterior materials and colors in new building construction shall be
compatible with or complement the character of surrounding buildings.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
1. Using building materials that are durable and easily maintained;
2. Using materials with textures or patterns; and,
3. Using exterior colors that are subdued and emphasize earth tones.
17.36.150 Landscape design.
A. Requirement. Landscaping (including living plant material) and supporting elements (such
as trellises, planters, site furniture, or similar features) shall be appropriately incorporated into the
project design.
B. Techniques for complying with the requirement in subsection (A) of this section include,
but are not limited to:
1. Minimizing tree removal and incorporating larger caliper trees to obtain the immediate
impact of more mature trees when the project is completed;
2. Providing frameworks such as treUises or arbors for plants to grow on;
3. Incorporating planter guards or low planter walls as part of the architecture;
4. Landscaping the open areas created by building modulation;
5. Incorporating upper story planter boxes or roof plants;
6. Retaining natural greenbelt vegetation that contributes to greenbelt preservation;
7. On streets with uniform plantings of street trees and/or distinctive species, planting
street trees that match the street tree spacing and/or species; and,
8. Using plants that require low amounts of water, including native drought-resistant
sp~cies. and require low amounts of chemicals and fertilizers.
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Chapter 17.40
MIXED USE DEVELOPMENTS
Sections:
17.40.010 Purpose.
17.40.020 Scope.
17.40.030 Mixed use development standards. [Section Reserved]
17.40.040 nindi..,s site plan required.
17.40.010 Purpose.
The general purposes of the mixed use development standards are as follows:
A. To promote a compatible mix of multi-family housing and neighborhood commercial
businesses and services within multistory structures~
B. To protect established neighborhoods surrounding mixed use centers from incompatible
uses, excessive noise, illumination, loss of privacy, and similar significant nuisances~
C. To ensure that mixed use developments are arranged, scaled, and designed to be
compatible with surrounding land uses and provide sensitive transitions between significantly
different land uses (e.g., commercial and residential uses).
D. To ensure that mixed use buildings are arranged, designed, and oriented to facilitate
pedestrian and transit access.
E. To ensure adequate light, air, and readily accessible open space for mixed use develop-
ments in order to maintain public health, safety, and welfare.
F. To foster development that supports the safe and efficient movement of goods and people.
G. To encourage creativity and flexibility in the design of mixed use developments in a
manner that maximizes unique site attributes and is compatible with the character and intensity of
adjoining land uses.
17.40.020 Applicability.
The mixed use development standards contained within this chapter shall apply to all mixed use
projects located within the C-IJMU and C-IIIMU mixed use zoning districts.
17.40.030 Mixed use development standards. [Section Reserved]
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1'1.40.040. niAd;Ag sit~ pia A required.
A. Dinùing site. plan approval shall be required for any developnte.nt occ.uning within a nuxeduse
1:O1ung district whe.re:
i. The dc'velopntent would r~sult in the division propel ty fur sale or lease;
2: A-condonúdÌunt folm ofovyne.rship would result unde.r Chapters 64.32 or 64.34 RCW;
J. Application is made for plalU\c:d unit de.velopment (PUD) approval under Chapter 17.32
PTMC, and the. development would not othe.1 wise require the subdivision of land into separate,
lc.gally segregated lots or pAJ'(,els.
D. Dindin& site plans shall be. processed in Ae.e.ordancG '\Jv-ith the provisions set forth ill ChaptH
18.2(}PTMC, "Dinding Site. Plans."
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ChA~tr 1'.44
COMMERCIAL, AND MARJNE.RELA TED
AND MANUFACTURING- USES - DEVELOPMENT STANDARDS
Sections;
17.44.cHO I\i(pos~.
i 7.44.02Q Applicability.
17.44.030 Lighting rcquireJ11Gllts - Conbnel'dal, and lnarinc--rclated and nuUlufacturing Lolting
disú;~ts.
17.44.040 DufIGring rGquirGU1cnts - Maflne~relatcd and manufacturing zoning di~tJicts.
17.44.050 Gt.uGral rcquirem~llt~ ~ M&'ii1~rclatGd and 1uanufactUtdtg 2.0nil1g distr;....ts.
17.44.010 Purpose.
To protGct thG health; sAftty M\dwdfMe of the publk, Addres3 ara chara....tcr, an addfess
GnviromuGntal concerns assoeiatc.d with devdoyment occurring ill the Ótys conilucrcial. and
J1larin<",rdatGd and iuanufachning LðllÍl1g distr;....ts. In addiÛon, the provisions of tltis chaptu
providG ce.nainty to prCfþfiltj ownelS. dcvdopus. and neighbof5 [Ggarding the li.1Ùts of what is
aIlowe.d.
17.'" t020 Applicabilitj.
This CMptGf applies to All dGvdopnu;nt DÇGU[t;ng within the cit/s Gomraerdal, and lua..;i1~rdated
and manufa....tuIing zoning distdGt.s WUGSS specificall, 11Ot«l othGlwise within the. following
provIS10IlS.
17~44.030 Lighti..g lequinmcn.ts - C6.rt.llutÏal, aðd lI.alin.e-rdattd and 41iu.ufac:tming
Æ.ðllillg mstJicu. .
Whc;re li~ted signs and ilh.lluil1ate.d areas Me pe.múttGd, such illunúl1ating de;vicc;s shall be shaded
and dirGdCd 50 a5 not to pmvidG g14fe toward any residential district (i.e., R-I, R-II, R...III and R-
ffl:
17.44.030 DIiß"Li ¡lIg nqlii. (.IIICi10 - MAliar:-rdat~J lad UlImUfaduli.l¡: .t.OUibg districts.
All sites in. l1iAJ;uv-relatc.d and maJ\ufachIilng di~trk,ts (i.e., ~f/C, M-I. M-II, M-II(A), M-II(D)
and M¥IlI) having a (;OI.l1UO11 boundary with re~idential di~t.;cts (i.r:., R-I, R-II, R~III A11d R-IV),
shall haV(; þlantcd and maintained-along, such COlluuon boUl.JèU)' a viGw-obscliI~l1g greenbelt of
Shfllbs. tre;GS and native; VGgctation not less than Gight feet in height nor less than 10 feet in width,
for 5Græning purposes and controlling aceGSs.
17.44.040 Ge..ual .eq,lin...c.llu -l\fariRc-.'elated 611d lUanilf6C.tulhlg Zðl1Ï1ig djstricts.
Maiil1G-related and ma.nufadlliing use.s shall be. subjcGl to th~ fol1owillg conditions:
A. Noise. In all ntAiiuG-rdate.d and nl4ftufliCluring di3tricts (i.G., MlC, M-I, M-ll. M-II(A).
M-II(D) and M-III), the; il0is~ emanating £c.m the premises use.d for Ina.tlnC"'relatôd and
'-'-"""J"'!.o './ >'\'~->'---i'
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manuflh..ttiring ac.tivitiGs shall be ntlimed so as to not bc.rome objutiCínable due to intermiltellt
beat, frequen...., or shrillness, and when:. any millinc:-rdatc.d or nll1.11ufðct~ling di&u;et adjoins a
residential distric.t, the noise loudness I11GGð~red at the bowtd& j linG shall not e.xe.e.cd 40 dcGÌbc.ls
bdwun the. hows of 11 :30 p.m. and G:OO a.nt., and GO dc;GÌbels at other hours.
ß. Light and Clare. E~tcrior lighting shall not be used in such a mAnlter that produccs glare
on public highways ilItd neighbolritg propel!,. Art. wdding, aul,k.ne torch ciJUing or similar
pmuSSGS shall be pGffOt tlled so as not to be seen .6. ulU any point beyond the outside of the
propelt, .
C. Fire. And Safety Hazards.
1. The storage and handling of inflanuuabte liquids, liquefied petrokumgases and
explosives shall GOnlply with rola and rt.g~ations falling undu the jurisdic.tion of the city fire
chief, thG laws of the state I1.Ild othGr 10Gal ordinances;
2. Dulk storage of inßantnlable liquids bdow ground shall be þGnh1t.l~d, ilIld the tilltk
shall be located not closer to the propGfty linG than the greatest dinlMsion (diAlueter, length, or
height) of the tank.
D. InterK:.rellces. Pmvisions m~5l be made £Or n«:es54ry shielding or other preventive
mc.asurGS against intGrfcrGne.Gs occasioned by mee.hanical,dcc.tric;al and nuclc.ar equipnlGl1t, USGS
or proCGsses with elec.tric;al aþparalus in nearby buildings or land uses.
E. WMtc. Produc.ts. Liquid and solid wastcs, storage OfaninlAl or vegetable waste which
allrac.t inS6c.ts or rodents or othel wise create a hGAlth hazard shall bG prohibitGd. No waste
produc.ts shall be. c.xposed to viewftolll eye. lc.vd from ani proþc.fli line. in a l11arine--rdated or
nlanufac.turing di~tr;....t (i.G., MlC, M-I, M..JI, Mo-II(A),M~II{D) ilIld M.m).
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Chapter 17.48
ACCESSORY D'VELLING UNITS
See.tÏons:
17.48.010 Purpose.
17.48.020 Applie.ability.
17.48.030 Requirements.
17.48.040 Exception fOr legal, nonronfomullg accðssory dwdling units.
17.48.010 rull'ose.
This e.hapter providðs standards for the ~stablishmcnt of accessolj'dwelling units within the
stl ucture of a single--family residence or an outbuilding which is accessOIY to such residence.
Acc.cssory dwelling units are allowed in order to:
A. Allow luore ellergy dLcient use of large, older homGs;
D. Provide nlore a£Fordable housing op¡:.olhtlùties for I'ofl Townsend residents;
C. Provide additional density with nùlùmal cost and disruption to existing neighborhoods;
and-,
D. Allow individuals and smaller households to retain large. houses as residences.
17.48.020 ApplicabilaJ'.
This chapter applies to all accessory dwelling Ulùts as defined in Chapter 17.08 PTMc.
17.48.030 Accessory dwell;ag units.
One acceSS(JIY dwelling lllùt (ADD} l\lay be established as an ac.c.essoIY use to a single--fanuly
residence provided the following e.onditÏðns are continuously met:
A. A ccltiftcate of occupancy pursuant to the Uluform Duilding Code shall be obtained from
the building official and posted within thG ADD. The code inspection and compliance required tð
obtain a ('(;i tificate of occupancy in an existing building shall be restrict~d to the POI lion of the
building to be occupied by an ADD and shall apply only to new Gð11S'tI uction rather than existing
(.onlponents, except that any high'hazards (i.e., smoke detectors, fire exits, stail ways, LP gas
appliances and fire separation} shall be Gorrec.ted. Where additional fire separation is unduly
burdensome, the buildingoŒcial may authori1.(' a fire alarm system in lieu of required fire
separation.
D. The owner of the subject property shall reside on the premises, whether in the main or
ace.eSSOI) dwelling; provided, that in the event of illness, dc.ath or other unforeseeable event which
prevGl1ts the owner's ~ontinued oe.cupancy ofthc. prenùses, the direc.tor may, upon. a finding that
disGontinuanceofthe ADD would cause a hardship on the owner and/vr tenants, grant a
temporary suspension of this owner-occupancy requirement for à period of ðne--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 ADD established prior March 6, 1995 but aiì.er August 17, 1971, if the
ADD complies with all of the requirements of this st-c.tion except owner-occupancy, the ADD
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may continue without occupancy by the owner until the propelly is rold, exchanged or oth'¡;l wise
transferred to a difFerent owner.
C. Neither the mailt or acceSS"I} dwelling unit 5hall be used as a transient acconlmodation.
D. ADDs e.stablished in an outbuilding shall not exce.ed 800 square. feet in floor are.a, and
under no GÍrc.Ulustance. shall the total lot covc.rage of the primM) re.sidence along with the ADU
exc~e.d 35 percent of the wtallot area. Additionally, no ADD shaH be e.stablished in an
outbuilding constructed afier March G, 1995 if the total floor area of the poniotl of the
outbuilding occupied by the. ADD exceeds 50 pel'(,e.nt of the total floor area of the main residence
building.
E.. In order to pr~selve the outward appearanceofsingle--fMtùly neighborhoods, the front of
the house shall have only one eAletÏor entrance..
r. An ADD may be established itt a residence or outbuilding which is legal, nO1tCOlûolming
with respect to required setbacks if entrances are no closer than five feet to neighboring propêll y
lines, and if e.ach side window which is-closer than five. feet to a side propclly line and which is
also closer than 20 feet to either the front or rear propellj line is permanently glazed with
translucent nlaterial; provided that the director may permit an entrance as close as three feet to a
neighboring propelly line upon a finding that no feasible alternative exists.
G. No additional oíf.street parking is required to establish an ADU, provided that the
o£F.~treet parking requirements for the other uses on the site are continuously met.
17.48.040 Exception for legal, nonconfo.Jlt;ng accessory dwelling ünas.
In the case of an ADD established prior to August 17, 1971 and continuously occupied
thercafier, the. ADU nlay continue. without conlpliance with subsections 17.48.030(D) and 17.
48.0JO(D) PTMC, provided a ccilificate of occupancy is obtained pursuant to subsection
17.48.030(A)r-TMC. [Note: The fee for inspection and issuance of a celLihcate of occupancy
for an accessol j dwdling unit shaH be. the same as that established in the currently adopted
Uniform Duilding Code for a special inspection. For the purposes of determining system
developmentc:harges or utility or infrastruclllre requirements, a single--family reside.nce with an
accessC/1l' dwelling unit which does not separately comlect to city water or sewer set vice. shall
have the 5aIUe. charges and the same requirements as a single-family residGnce without an
accessol j dwelHng unit]
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Chapter 17.52
DAY CARE FACILITIES
Sections:
17.52.010 Purpose.
17.52.020 Family day care homes.
17.52.030 Child day care centers.
17.52.040 Registration.
17.52.050 Conflicting provisions.
17.52.010 Purpose.
The city council finds that affordable, good quality, and licensed child day care within the city is
critical to the well-being of parents and children in the community and is a needed community
service. Further, it is the purpose of this chapter to facilitate the siting oflicensed child day care
facilities in the city in a manner which simplifies the review and approval process while ensuring
conformance with the surrounding land uses.
17.52.020 Family day care homes.
A. A family day care home shall be permitted by right in all residential, mixed use and
commercial districts. For the purposes of this chapter, the city's regulatory role for family day
care homes shall be limited to the following: Family day care homes shall:
I. Apply for a city business license and obtain a license concurrently with DSHS approval
and state licensing;
2. Comply with all building, fire safety, health code and business licensing requirements;
3. Conform to lot size, building size, setbacks and lot coverage standards applicable to
the zoning district in which the facility is located except if the structure is a legal nonconforming
structure;
4. Be certified by the State Department of Licensing as providing a safe passenger
loading area, provided that the state has a procedure for providing such certification;
5. Include signage, if any, that conforms to Chapter 17.76 PTMC;
6. Limit hours of operation to facilitate neighborhood compatibility, while at the same
time providing appropriate opportunity for person( s) who use family day care and who work a
nonstandard work shift;
7. The operator of the home shall file a child day care registration form with the city as
provided for in Section 17.52.040 PTMC;
8. Provide to the building and community development department, written proof of
notification to immediately adjoining neighbors informing them of the intent to locate and
maintain such a facility. This proof must be provided prior to state licensing. If a dispute arises
between the neighbors and the family day care provider over licensing requirements, under state
law DSHS may provide a forum to resolve the dispute. (RCW 35.63.185).
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17.52.030 Child day care centers.
A child day care center, as defined by state law, may be allowed as follows:
A. All Zoning Districts. A child day care center may be allowed in all zoning districts only
upon issuance of a conditional use permit pursuant to Chapter 17.84 PTMc.
1. Conditional Use Permit Requirements.
a. The child day care center shall meet state child day care licensing requirements.
b. The child day care center shall comply with all building, fire safety, health code and
business licensing requirements.
c. Lot size, building size, setbacks and lot coverage shall conform to those applicable
to the zoning district.
d. Signage, if any, shall conform to the requirements for the applicable zoning
district.
e. The operator of the child day care center shall file a child day care registration
form with the city as provided for in Section 17.52.040 PTMC.
f Parking requirements shall conform to Chapter 17.72 PTMC.
g. A fence at least four feet high must be installed around the play yard.
h. The site must be landscaped in a manner compatible with adjacent residences.
i. No structural or decorative alteration which will alter the residential character of
an existing residential structure used for a child day care center is permitted. Any new or
remodeled structure must be designed to be compatible with the residential character of the
surrounding neighborhood.
j. The child day care center shall not be located within 300 feet of another child day
care center nor located in the residence of the care provider, excluding any child day care center
which is an accessory use pursuant to subsection B of this section.
k. In the director's evaluation he or she shall consider:
1. Current traffic volumes ofthe subject streets and the capacity of the existing road
network;
11. Conformance of the subject streets with city street standards set out in Chapter
12.04 PTMC;
iii. Conformance of the subject streets with emergency vehicle access standards.
iv. The conditional use standards and criteria set forth in Chapter 17.84 PTMc.
B. Accessory Use. A child day care center, if sited on the premises of an operating
community service facility shall be considered accessory to the principal use of the property
concerned.
C. For the purposes of this section, any child day care center in operation in a zoning district
other than R-I, R-II, R-III, or R-IV which was permitted as a matter of right before February 27,
1995, may continue as a pre-existing use.
17.52.040 Registration.
Each child care service provider must register with the city building and community development
department by completing a child day care registration form as provided by the department prior
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to the initiation of the use. Upon registration, the child day care provider must be able to
demonstrate compliance with the applicable conditions of this chapter.
17.52.050 Conflicting provisions.
In the event of conflict between this chapter and any ordinance or zoning provision for the city,
the provisions of this chapter shall prevail.
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Chapter 17.56
HOME OCCUPATIONS
Sections:
17.56.010 Purpose.
17.56.020 Permit required.
17.56.030 Application process.
17.56.040 Exemptions.
17.56.050 Ineligible activities.
17.56.060 Minimum standards.
17.56.070 Required conditions.
17.56.080 Permit administration and enforcement.
17.56.010 Purpose.
A. The intent of this chapter is to ensure that home occupations are properly permitted, are
undertaken only within a dwelling unit or associated accessory structure located in a residential
use district, are incidental to the primary residential use of the structure and land and are
compatible with the residential character of the neighborhood.
B. In addition, the intent of this chapter is to ensure that business activities that are allowed in
residential neighborhoods are regulated as home occupations, and that activities not able to meet
the requirements of this chapter are performed in mixed use, commercial, or manufacturing zoning
districts.
C. This chapter is not intended to regulate typical family or personal activities, or occasional
visits by business associates and outside service providers, except as otherwise provided.
D. It is not the intent of this chapter to involve the city in the enforcement of private
restrictive covenants.
17.56.020 Permit required.
A. Applicability. No home occupation shall be operated within the city except in accordance
with the provisions of this chapter. A home occupation permit is required for all home
occupations except those exempted pursuant to section 17.56.040 PTMc.
B. Transferability. A home occupation permit is not transferrable to another person, entity or
business and is valid only for the property address set forth on the permit.
17.56.030 Application process.
A. Applications. The application for a home occupation permit shall be submitted on forms
obtained from the Director, and shall be acknowledged by the property owner, if other than the
applicant. The application shall contain all of the information required by the Director. The
applicant shan also include with his/her request a scaled plot plan detailing the property,
improvements to the property, and the location ofthe home business.
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B. Procedure. The Director shall verify that the application is consistent with the
requirements of this chapter, and that the application contains proof of a city business license.
C. Approval process. Home occupations shall be processed as Type I permits, in accordance
with the administrative approval procedures of Chapter 20.01 PTMC.
D. Limitation. Only one home occupation permit may be in effect at anyone time with
regard to any residential dwelling unit, including any accessory building, and the home business
will under no circumstance be subdivided ITom the residential property for the purpose of sale,
lease or rent. 1
1 This provision should not be construed as limiting the nwnber of home occupations under anyone
pennit; more than one such home occupation may be governed by the same pennit. However, under no
circwnstances shall the home occupations under anyone pennit, cwnulatively, exceed the standards set
forth in Section 17.23.060 PTMC (e.g., two home occupations may be associated with the same
residence, but may employ a total of no more than three (3) nonresident employees).
17.56.040 Exemptions.
The following activities are exempt from the permit requirements of this chapter, but shall
otherwise comply with the substantive requirements of this chapter:
A. Any activities that involve no more than five (5) vehicle visits per week, no nonresident
employees, and which are incidental to the residential use of the property;
B. Instructional activities involving up to ten (10) nonresidents, which occur not more than
one time per week; and,
C. Child care services involving twelve (12) or fewer children, including children who reside
in the home; provided, however, that these services comply with Section 17.52.030 PTMC,
Family Day Care Homes.
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);
B. Stables, kennels, animal husbandry or farming activities except as provided in Chapter
17.16 PTMC;
C. Vehicle repair, automobile detailing or automobile servicing activities;
D. Any activities involving more than five (5) customer or business visits per day; and,
E. Other uses not allowed outright or conditionally in residential zones.
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17.56.060 Minimum standards.
Every home occupation shall meet all of the following minimum standards:
A. No variation trom the residential character of the dwelling or neighborhood shall be
permitted, and no physical change shan be made to the exterior of the structure solely to
accommodate the home occupation;
B. All activities shan 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 shan be no larger than
three square feet (3 sq. ft.) in size, without illumination, and mounted flat to the main wall of the
dwelling;
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 trom working at the home occupation;
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; truck delivery or pick-up not common to a
residential dwelling is not allowed;
1. 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 shan be
perceptible beyond the property boundary;
L. No production, generation of any hazardous substance, or storage of any hazardous waste
shan be permitted; and,
M. The home occupation shall comply with all other applicable requirements contained within
the Port Townsend Municipal Code.
17.56.070 Required conditions.
The Director may issue a permit for a home occupation provided that the fonowing
affirmative findings are made:
A. The home occupation does not involve equipment or processes that introduce noise,
smoke, dust, fumes, vibrations, odors, or other conditions or hazards in excess of those normally
found in residential areas;
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B. The home occupation does not significantly increase local vehicular or pedestrian traffic;
C. The home occupation is not materially injurious or detrimental to adjoining or abutting
properties;
D. The home occupation does not endanger the public health, morals, safety and welfare;
E. The home occupation complies with all applicable local, state and federal laws and
regulations;
F. At least one (1) person residing on the premises is engaged in the operation;
G. The home business does not adversely affect the use or enjoyment of adjacent properties,
and maintains the character ofthe area in which it is located;
H. The home occupation is fully enclosed within the primary residence or an accessory
structure that is architecturally and aesthetically compatible with the surrounding residential area;
and,
I. The home business does not involve any outside storage of materials, goods, supplies or
equipment, or an outside display of any kind.
17.56.080 Permit administration and enforcement.
Home occupations shall be processed as Type I permits in accordance with Chapter 20.01 PTMC,
and enforced in accordance with the procedures detailed in Chapter 20.10 PTMc.
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Chapter 17.60
TEMPORARY USES
Sections:
17.60.010 Purpose.
17.60.020 Permit required.
17.60.030 Application process.
17.60.040 Exemptions.
17.60.050 Required findings.
17.60.060 Time limitation.
17.60.070 Limitation on activity.
17.60.080 Removal of a temporary use.
17.60.090 Abatement.
17.60.100 Assurance device.
17.60.010 Purpose.
To provide an administrative approval process whereby the city may permit uses to locate within
the city on an interim basis without requiring full compliance with the development standards for
the applicable zoning district, or by which the city may allow seasonal or transient uses not
otherwise permitted.
17.60.020 Permit required.
A. Applicability. No temporary use shall be permitted within the city except in accordance
with the provisions of this chapter. A temporary use permit is required for temporary uses except
those specifically exempted pursuant to Section 17.60.040 PTMc.
B. Who may apply. The property owner or the owner's agent may apply for a temporary use
permit on private property. Any person may apply for a temporary use permit within a public
right-of-way.
17.60.030 Application process.
A. Applications. The application for a temporary use permit shall be submitted on forms
obtained from the director of the building and community development department, and shall be
acknowledged by the property owner. The application shall contain all of the information
required by the director.
B. Procedure. The director shall verifY that the application is consistent with the
requirements of this chapter, and that the application contains proof of a city business license, if
applicable.
C. Approval process. Temporary uses shall be processed as Type I permits, in accordance
with the administrative approval procedures of Chapter 20.01 PTMc.
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17.60.040 Exemptions.
The following actiyjties are exempt ITom the permit requirements ofthis chapter, but shall
otherwise comply with the substantive requirements of this chapter, unless specifically noted
otherwise:
A. Contractors' offices, model homes, on and off-site contractors' construction yards and
other temporary structures in conjunction with an approved development application. Such uses
shall be subject to the time limitation set forth in Section 17.60.060 PTMC, but may be renewed
immediately upon expiration at the discretion of the director of the building and community
development department.
B. Garage and yard sales; and,
C. City sponsored uses and activities not occurring within a structure, and occurring at
regular periodic intervals (i.e., weekly, monthly, yearly, etc.).
17.60.050 Required findings.
The director of the building and community development department may approve, or modify and
approve an application for a temporary use permit if all of the following findings are made:
A. The temporary use will not be materially detrimental to the public health, safety or
welfare, nor injurious to property or improvements in the immediate vicinity;
B. The temporary use is compatible with the purpose and intent of this title, and the specific
zoning district in which it will be located;
C. The temporary use is compatible in intensity and appearance with existing land uses in the
immediate vicinity;
D. Structures proposed for the temporary use comply with the setback and clear vision area
requirements of this title, and with applicable provisions of the Building and Fire Codes;
E. Adequate parking is available to serve the temporary use, and if applicable, the temporary
use does not occupy required off-street parking facilities for adjacent or nearby uses.
F. Hours of operation of the temporary use are specified;
G. The temporary use will not cause noise, light, or glare which adversely impacts
surrounding land uses; and,
H. If applicable, the applicant has obtained approval of a street use agreement pursuant to
Chapter 12.10 PTMc.
17.60.060 Time limitation.
A temporary use is valid for up to tZe 180 calendar days from the effective date of the permit,
however, the director ofthe building and community development department may establish a
shorter time frame.
17.60.070 Limitation on activity.
A property owner or other holder of a temporary use permit may not file an application for a
successive temporary use permit for 36 .QQ days following the expiration of an approved permit
applying to that property.
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17.60.080 Removal of a temporary use.
A. The director of the building and community development department shall establish, as a
condition of each temporary use permit, a time within which the use and an physical
evidence of the use must be removed.
B. If the applicant has not removed the use as required by the temporary use permit, the City
may abate the use as provided in Section 17.60.090 PTMC.
17.60.090 Abatement.
Prior to the approval of a temporary use permit, the applicant shall submit to the director of the
building and community development department an irrevocable, signed and notarized statement
granting the city permission to summarily enter tlW.applicant's property with reasoni!bl~ notice and
abate the temporary use, and all physical evidence of that use if it has not been removed as
required by the terms of the permit. The statement shan also indicate that the applicant will
reimburse the city for any expenses incurred in abating a temporary use under the authority of this
chapter.
17.60.100 Assurance device.
In appropriate circumstances, the director of the building and community development
department may require a reasonable performance of maintenance assurance device, in a form
acceptable to the city attorney, to assure compliance with the provisions of this title and the
temporary use permit as approved.
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Chaptu 17.64
MANUFACTURED AND MODILE nOME PARKS
Se.ctions:
17.64.010 Purpm;e.
11.64.020 Manufadured homes on individual lots.
17.64.030 Manufacture.d and nlobile honle park regulations.
17.64.010 rUipose.
This chapter provides standards that allow the plaeeluent of manufactured homes, mobile
honles, and manufactured and mobile home parks in residential zoning distrkts-without adversely
aiTGcting the. character of e.xisting neighborhoods. These regulations promote additional housing
options for Port Townsend residents, and provide locational opportunities for manufac.tured and
mobile honles.
17.64.020 Manufactured honles on ;ndividuallots.
A. Purpose. The purpose of this sec.tion is to allow affordable housing opportunities in
stl11~tures that have an appearance similar to housing built to the ulúform building code as
amended by the state and adopted by the City ofPolt Townsend in Chapter 16.04:P-TMC.
D. Locationa.! requirenlents - Type.s ofnlanufaclured homes allowed. Manufactured homes
that nle.et the rc.quirenlents of the Washington State. Energy Code or its equivalent, are allowed on
individual lots in the R-I, R-II and R-III residential zoning distric.ts, except within the linúts of the
Port Townscnd N"ationalRegister Historic District where they are prohibited. Trailer homes and
reGreational vehicles are prohibited on individual lots.
C. Developnlent standards. Manufactured homes must meet the bulk, dimensional and
dens;ly requirements of Section 17.16.030 PTMc.
17.64.030- Manufactured and mobile hOttle park regulations.
A. Purpose. Manufactured and mobile home parks are allowed in single-fanúly residential
zolúng distric.ts to providelocational OPpOIl¡.mities for concentrations of such hcmsing without
adversely afT~c.ting the character of existing neighborhoods, and to provide standards for orderly
develðpment, adequate emergency vehicle access, open space areas, and landsc.aping.
D. Locational requirements. Manufactured and I'nobile home parks require issuance of a
conditiðnal us, permit pursuant to Chapter 17.84 PTMC, and may be lðcat,d only within the R-I
and R-II residential zoning distric.ts, however, within the. limits of the Pðft Townsend National
Registe.r Historic District they are pfðlúbited.
C. Density. The nlaximmu density allowed in a nlanufaclured or nlðbile home park is that
allowed by the applicabk residential zoning district. In c.alculating density, the area of the entire
park is included, except public or private streets or driveways that S~I 'Ie two or nlðrc. home
spAc.e~.
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D. Types of stÙ¡Gtures al1ðwed. All types of mauufaGll,Íred And mobile homes are al1ðwed in
manufa...tured and mobile home parks. ReGfeational vehicles, induding trailer homes and
reGreational vehicles, n1ay be parked 011 the required parking space but may not be used for
residential purposes.
E. General park requirelnents.
1. Pc.rin1eter landscape area. A 10 foot deep landscaped area nmst be l'rovided around
the perimeter of the manufaGtured or mobile hon1e park, to provide both a physical and visual
separation bet ween the hon'l.e park and surrounding residential uscs. The landscaped area must
include a vegetative screen at kast six feet in height and 95 pc.rCGl'l.t opaque year round. In
addition, one tree is required per 30 lineal feet of landscaped area, or as appropriate to pnwide a
tree canopy over the landscaped area. Ground cover plants nmst fully cover the remainder of the
landscaped area. When applied along front and side h"t lines abutting public strc.ets, the-scr~n is
to be placed along the interior side of the landscaped area.
2. Individual landscaped areas. An individual landscaped area is required for each home
space. While primarily consisting of ground cover plants, the landscaped arGa should also include
a 111ÌAluf'e oftrees, high shmbs, and low shmbs. The n1Ínimum size for the landscaped area is 50
square feet. The n1Ìnimum dimension is five feet. The individual landscaped area must be placed
on or adjacent to each hon'l.e space. Conuuon outdoor Areas, as required by subsection (D)(3) of
tl1Ìs sectiðn, may not be counted towards n'l.eeting this requirement.
3. Required outdoor areas. A required outdoor area of 2,500 square feet, or 100 square
feet per each unit, whichever is greater, is required. There may be n10re than one outdoor area
and each nmst be at least 2,500 square feet. Required open area must be available. for the use of
all park residents. The open area(s) must be landscaped or developed as a playground fOT
ch.ildre.n, or a combination of both options.
4. ACCCSSO1j' stmctures. Other stt\.ictures within the manufactured or n10bile home park
for uses aCCeSSOi) to the operation of the home park, such as laundries, storage, garages, park
offices, and recreational facilities are allowed and are subject to thedeveIopn1ent standards
contained in Section 17.1 G. 030 f"TMC. Any aCCeSSOI) use that draws its trade from outside the
park is prohibited. Accessol) SÌ1'uctures may not be located within required outdoor areas.
F. rarking and circulation.
1. Circulation. Access and circulation within the manufactured or n10bile home park may
be provided by strc.ets, public 'Of private; or dl~veways. Ac'Cess must be provided to each space.
AU private streets and driveways that sel"e two or more hon'l.e spaces must be a n1ininmm of 20
fGet in width, or 30 feet if parking is aU owed on the street Of driveway. StnGts and driveways
that seive two or more. home spaces wl1Ìch do not aUow parking must be posted as not allowing
parking. All private streds must be named and posted with their names. Driveways that selve
two or more home spaces may be named and posted with their nan1es. Circulation plans for
manufactured and mobile hon'l.e parks must be approved by the Port Townsend FircDepartment.
2. rarking. One parking space per unit is required. This parking space must be located
in the area designated as pal l of a home space. The parking space must be paved.
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G. Individual n1almfaGtl1re.d and mobile home. space requirements.
1. Minimum size. Spaces fOT manufactured and mobile. homes must be a minimum of 30
feet in width and a minimum of 40 feet in depth.
2. Access.. Each space must have access to a street or driveway so ving two or more
home spaces.
J. Other regulations. All manufactured or mobile home; parks must meet all applicable
standards oftl~ Poll Townsend Munidpal£ode regarding building, sanitation, lighting,
plun1bing, and fire protection.
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Chapter 17.68
FENCES, WALLS, ARBORS AND HEDGES
Sections:
17.68.010 Purpose.
17.68.020 Applicability.
17.68.030 Fences, walls, arbors, and hedges - Requirements.
17.68.040 Prohibitions - Walls with sharp elements.
17.68.050 Fences, walls, arbors, and hedges that create potential safety hazards.
17.68.010 Purpose.
The purpose of this chapter is to provide regulations for fences, walls, arbors, hedges and other
partially or totally sight obscuring installations, to assure that desirable objectives of providing
privacy, security, and screening of properties can be met while limiting unsafe obstructions of
motorists', cyclists', and pedestrians' vision.
17.68.020 Applicability.
These regulations shall apply to fences, walls, arbors, hedges and other partially or totally sight
obscuring installations within residential zoning districts.
17.68.030 Fences, walls, arbors, and hedges - General requirements.1
1 Please refer to the following definitions in Chapter 17.08 PTMC: "arbors"; "clear vision area";
"fence"; "hedge"; and "wall."
A. No fence, wall, arbor, hedge or other partially or totally sight obscuring installation shall
be allowed within any public right-of-way, unless a street use agreement has been approved
pursuant to Chapter 12.10 PTMc.2
B. Fences, walls, arbors, hedges and other partially or totally sight obscuring installations
may be permitted within any required front, side, or rear setback area or along the edge of any
yard, provided that:
1. No fence, wall, arbor, hedge or other partially or totally sight obscuring installation
which poses a traffic safety hazard shall be located within a clear vision area;
2. Except as provided in subsections (B)(3) and (B)(4) below, no fence or wall, or other
partially or totally sight obscuring installation shall exceed eight feet (8') in height;
3. No fence, wall, or other partially or totally sight obscuring installation shall exceed
four feet (4') in height within any required setback area abutting a public street right-of-way;
4. No arbor located outside of a clear vision area shall exceed ten feet (10') in height.
5. None of the height limits established in this section shall apply to hedges, including any
closely planted trees or vegetation.
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2 The burden shall rest upon the property owner to demonstrate to the satisfaction of the Director that
such fence, wall, arbor, hedge or other partially or totally sight obscuring installation does not encroach
upon a public right-of-way.
C. Variation trom the requirements outlined in subsection (B)(3), above, may be allowed
provided that:
1. The overall height of all parts of the structure does not exceed eight feet (8') in height;
and,
2. Any portion of the structure above four feet (4') shall be predominately open, such that
there is tree circulation of air and passage of light.
D. Maximum heights specified by this chapter shall be measured from the elevation of the
ground within two feet of the installation on the lower side.
E. Notwithstanding any of the provisions contained in this section, all fences and walls shall
comply with the requirements of the Uniform Building Code (UBC), as adopted under Chapter
16.04 PTMc.
17.68.040 Prohibitions - Walls with sharp elements.
No wall shall have attached to it any barb, spike, broken glass or other pointed or sharp
instrument. This prohibition shall not be construed to limit the placement of barbed wire fences.
17.68.050 Fences, walls, arbors and hedges tbat create potential safety hazards.
Notwithstanding the provisions of Section 17.36.030 PTMC, no fence, wall, arbor, hedge or
other partially or totally sight obscuring installation over three feet (3') in height shall be placed
within five feet (5') of any dwelling or dwelling unit where such installation runs parallel with an
outside wall of a dwelling unit and substantially interferes with access to such dwelling unit for
fire and public safety purposes, or substantially impairs the ability of an occupant of a dwelling
unit to use windows, doors, etc., as emergency exits.
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Chapter 17.72
OFF-STREET PARKING AND LOADING
Sections:
17.72.010 Purpose.
17.72.020 Applicability.
17.72.030 Off-street parking and loading requirements.
17.72.040 Existing off-street parking facilities.
17.72.050 Expansion.
17.72.060 Change of use.
17.72.070 Mixed occupancies.
17.72.080 Table of minimum parking space requirements.
17.72.090 Fractional spaces.
17.72.100 Uses not specified.
17.72.110 Location.
17.72.120 On-street parking spaces.
17.72.130 Residential transient accommodations - Parking requirements.
17.72.140 Joint use.
17.72.150 Waiver of requirements - Fee-in-lieu-of-parking spaces - Waiver of prior conditions of
development approval.
17.72.160 In-lieu parking fees - Fund created - Parking improvement plan.
17.72.170 Parking facilities - Plan required.
17.72.180 Parking facilities - Minimum dimensions.
17.72.190 Parking facilities - Landscaping.
17.72.200 Parking facilities - Maintenance.
17.72.210 Off-street loading and queuing spaces - Number required.
17.72.010 Purpose.
A. The purpose of this chapter is to reduce congestion in the streets, promote and protect
property values, and to provide for the health, safety, welfare, prosperity and enjoyment of
residents, shoppers and visitors.
B. An exemption threshold, and reduced or waived off-street parking requirements are
provided for in the C-III zoning district and the other commercial zones lying within the Historic
District, because of the relative scarcity of available land, more efficient use of available parking in
such densely used areas, and in support of the economic development and urban infill goals of the
city.
C. An exemption ITom the off-street parking, and loading and queuing requirements has been
established for uses changed, relocated or established in historic structures that lie within the C-III
zoning district in support of the historic preservation goals of the city.
D. On-street parking spaces are allowed in lieu of off-street parking spaces for bed and
breakfast inns in historic buildings in support of tourism and historic preservation goals.
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E. Parking provisions are set forth as minimum standards in order to preserve land for other
purposes.
17.72.020 Applicability.
A Unless specifically exempted, every land use shall provide parking and loading areas in
accordance with the following regulations whenever:
1. Any structure is constructed, erected, relocated or expanded; or
2. Any use is established, changed or relocated.
B. Any land uses established, changed or relocated within "historic structures" as deffied
under Chapter 17.08 PTMC, that also lie within the C-III zoning district, are exempt ftom all off-
street parking requirements, and loading and queuing requirements; however, if parking facilities
are provided, they must meet the requirements established pursuant to Sections 17.72.170
through 17.72.200 PTMC regarding parking plan requirements, minimum dimensions,
landscaping, and maintenance. 1
C. Any new construction and any land uses established, changed, or relocated witrun
"nonhistoric structures" as defined under Chapter 17.08 PTMC, that lie within the C-III zoning
district or the other commercial zones lying within the Historic District, which would require ten
(10) or fewer parking spaces as calculated pursuant to Section 17.72.080 PTMC, are exempt
ftom all off-street parking requirements; however, if parking facilities are provided, they must
meet the requirements established pursuant to Sections 17.72.170 through 17.72.200 PTMC
regarding parking plan requirements, minimum dimensions, landscaping and maintenance.
D. For new construction within the commercial zones lying witrun the Historic District that
exceeds the exemption threshold established by subsection C, above, the off-street parking
requirement computed pursuant to Section 17.72.080 PTMC shall be reduced by ten (10) parking
spaces.
17.72.030 Off-street parking and loading requirements.
A Where current or anticipated parking congestion warrants, requirements in addition to
those provided in this title may be imposed by the decision-maker pursuant to a conditional use
pemút (Chapter 17.84 PTMC) or determination pursuant to Title 19 PTMC.
B. Parking and loading requirements shall be developed to the plans and specifications
provided and approved pursuant to Section 17.72.170 PTMC.
C. The provisions of off-street parking and loading in the manner and extent required in this
chapter shall be a continuing obligation of the owner of a given building or use as long as the use
is in existence, provided, however, that any owner granted a waiver of certain requirements
pursuant to Section 17.72.150 PTMC shall be thereafter relieved of such requirements provided
that aU required fees have been paid. Off-street parking
This exemption does not apply to expansions/adilitions to historic structures; such expansions are subject
to the provisions of this chapter pursuant to sections 17.72.020(A)(l), and 17.72.050 PTMc.
04/07/97 City Council FINAL DRAFT-Title 17
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facilities for one use shall not be considered as providing parking facilities for any other use,
except as may be provided in Section 17.72.140 PTMC, Joint use.
D. Except as otherwise provided herein, required parking areas shall be used for motor
vehicle parking only, with no sales, storage, repair work or dismantling of any kind. Removal,
discontinuance or reduction of such required parking and loading facilities from practical use by
obstruction, erection of building, or other actions which reduce the parking or loading capacity or
usefulness thereof is prohibited unless replacement facilities are established which meet the
requirements of this chapter; provided, however, that up to 10 percent of required parking areas
which have at least 10 parking spaces may be used for bicycle racks and/or solid waste recycling
facilities.
17.72.040 Existing ofT-street parking facilities.
Unless otherwise provided by the decision-maker pursuant to a conditional use permit (Chapter
17.84 PTMC) or determination pursuant to Title 19 PTMC, existing off-street parking facilities
which serve existing uses which were established prior to August 17, 1971, shall be considered
optional off-street parking, and may be removed or eliminated at the discretion of the owner
without notice, penalty or obligation.
17.72.050 Expansion.
Whenever any building is expanded in floor area, or whenever an outdoor use is expanded in
activity area, off-street parking shall be provided for the uses to be established in such expansion
in accordance with the requirements of this chapter; provided, however, that for expansions of
structures that lie within the C-III zoning district or the other commercial zones within the
Historic District, if the parking requirement determined for the area of such expansion, together
with the total area of all expansions to the facility which have occurred within the 10 years
preceding the proposed expansion (not including expansions permitted prior to the effective date
of the ordinance codified in this chapter), is ten or fewer parking spaces, there shall be no off-
street parking requirement for such expansion.
17.72.060 Change of use.
A. Except as provided in subsection E of this section, whenever use of an existing building or
portion is changed to a different use, off-street parking shall be provided in accordance with the
provisions of this chapter; provided, however, that such requirement shall be reduced by the
number of spaces required for the pre-existing use as if such pre-existing use had been established
pursuant to this chapter. For example, if a 2,000-square-foot clothing store was to be replaced by
a restaurant, the parking requirement would be computed as follows:
Restaurant (2,000/100 sq. ft.)
less pre-existing use
requirement clothing store
(2,000/300 sq. ft.)
20 spaces
=
7:>pace:>
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Required parking for new use
=
13 spaces
B. The reduction provided in subsection A of this section applies whether or not the
preexisting use was established pursuant to this chapter.
C. In the event the building in which the new use is to be established is served by existing off-
street parking facilities, the required parking for the new use shall be reduced by the number of
existing off-street parking spaces which exceeds the required parking for the existing uses in the
building.
D. For the purposes of this section, any use or portion thereof which has been discontinued
for a period of two years or more shall not be considered a pre-existing use.
E. For a use to be established in any nonhistoric structure or portion of a nonhistoric
structure within either the C- III zoning district or the other commercial zones within the Historic
District, the off-street parking requirement computed pursuant to subsection A of this section
shall be reduced by 10 parking spaces; provided, however, that for any such use other than
restaurants, apartments, condominiums, hotels or uses subject to a conditional use permit, which
are to be located on a separate floor above street level, there shall be no off-street parking
requirement.
17.72.070 Mixed occupancies.
A. In the case of two or more uses in the same building, the total off-street parking
requirements for the various uses shall be the sum of the requirements for the principal uses
computed separately.
B. Any reductions which may apply to such requirements shall also be computed separately
for each use.
17.72.080 Table of minimum parking space requirements.
Unless otherwise provided in this title, the required number of off-street parking spaces shall
be in conformance with Table 17.72.080. For purposes of this chapter, gross floor area shall not
include elevator shafts, stairwells or mechanical equipment rooms. Where alternative requirements
result in conflicting computations, the greater shall apply.
04/07/97 City Councll FINAL DRAFT.Title 17
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Table 17.72.080
Minimum Parking Space Requirements
Use
Banks and other fmancial offices with customer
services on premises
Bed and breakfast inns, tourist homes
Boat building/repair
Child day care centers as defined in Ch. 388-73
WAC or as hereafter amended
Churches, mortuaries, auditoriums and similar
places of assembly used for assembly purposes
Convalescent homes for aged
Dance halls, skating rinks, similar recreation uses
Dry cleaners, appliance and shoe repair shops,
bakeries without customer seating, similar ITont
counter uses
Feny landing
Furniture, major appliance, floor covering, hardware
stores
ifless than 1,500 sq. ft. floor area
if more than 1,500 sq. ft. floor area
Health and physical fitness clubs and facilities
Hospitals
Libraries and museums
Manufacturing uses, research testing and
processing, assembling, all industries except boat
building/repair
04/07/97 City Council FINAL DRAFT-Title 17
Required Parking Spaces
1 per each 200 sq. ft. of gross floor area
2 plus 1 per sleeping room
1 per 1500 sq. ft. gross floor area of the building
1 loading space if serving 12 or fewer children,
otherwise 1 parking space per employee plus 2
loading spaces
I per 4 seats or 60 lineal inches of pew or 40 square
feet of gross floor area
1 per each 5 beds
1 per 200 sq. ft. of floor area used for recreation
1 per 500 sq. ft. of gross floor area
Detennined by the decision-maker when
considering conditional use pennit application
1 per 300 sq. ft. gross floor area
5 spaces + 1 per each 600 sq. ft. in excess of 1,500
sq. ft.
1 per 200 sq. ft. of gross floor area
1 per each 2 beds excluding bassinets
1 per 300 sq. ft. of gross floor area
1 per each 2 employees on maximum shift and not
less than 1 per 800 sq. f1. of gross floor area
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Use
Medical, dental or veterinary offices
Moorage facility other than those reserved
for exclusive use of an adjacent residence
Motels, hotels, motor hotels
Motor vehicle, machinery, plumbing, heating,
. ventilating, building supply, stores and services
Motor vehicle, motorcycle
. and small engine repair
Offices, business and professional (other than
banks, medical, dental or veterinary offices) with
on-site customer service
Offices not providing on-site customer services
Recreation, commercial center
Residential, single-family; mobile home parks
Residential, duplex or multi-family
Residential, govenunent assisted housing or
residents subject to footnote 2 below
Restaurant or tavern with sales and consumption on
preß11ses
Restaurant, fast food
Retail, not otherwise listed
ifIess than 5,000 sq. ft. floor area
if over 5.000 sq. ft. floor area
04/07/97 City Council FINAL DRAFT-Title 17
Required Parking Spaces
1 per each 200 sq. ft. of gross floor area
1 per each 2 slips, excluding slips used only for
transient moorage
1 per sleeping W1Ît
1 per 1,000 sq. ft. of gross floor area or I per each
3 employees
1 per 400 sq. ft. of gross floor area
1 per 300 sq. ft. of gross floor area
1 per 4 employees or 1 per 400 sq. ft. of gross floor
area
4 per each bowling alley, tennis or racquetball
court, pool or billiard table; or 1 per each miniature
golf hole or each 3 video games
2 per dwelling W1Ît or mobile home space
1.5 per dwelling unit, plus recreational vehicle
spaces for large developments pursuant to footnote
1 below
1 per each 3 bedrooms
1 per 100 sq. ft. of gross floor area
1 per 50 sq. ft. of gross floor area
1 per 300 sq. ft. gross floor area
17 + 1 per each 100 sq. ft. in excess of 5,000 sq. ft.
-172-
Schools, elementary and junior lúgh
Schools, senior lúgh
Schools, adult education
Required Parking Spaces
1 per sleeping unit
I loading space if serving 12 or fewer clúldren,
otherwise 1 parking space per employee plus 2
loading spaces
1 per classroom, plus two loading spaces
6 per classroom
I per each 4 fixed seats or 1 per 50 sq. ft. of gross
floor area used for classrooms, exercise, dance or
rehearsal
Use
Rooming houses, similar uses
Schools, preschool
Stadiums, sports arenas and similar open
assemblies
Storage areas wlúch are incidental and subordinate
to a principal use which other-wise confonns to this
chapter
Theaters
Warehouse, storage and wholesale business
1 per 8 fixed seats and 1 per 100 sq. ft. of assembly
space without fixed seats
No requirement
1 per 4 seats
1 per each 2 employees on maximwn working shift
Footnotes to Table 17.72.080:
1. For multi-dwelling developments of more than 50 dwelling units, one visually screened space for each 10
dwelling units shall be provided for recreational vehicles.
2. Sufficient land area must be reserved to provide parking as a multi-family residential use in the event the
development is later converted, scheduled public transit service must be available within 200 feet of the main
entrance to each building, and sidewalks must be installed to and along each street frontage. If scheduled
public transit service is not available within 200 feet, the parking requirement shall be one space per
bedroom.
17.72.090 Fractional spaces.
If the provisions of this chapter result in a parking requirement which includes a tractional parking
space, any fraction less than one-half shall be disregarded, and tractions of one-half or greater
shall require one parking space.
17.72.100 Uses not specified.
In the case of a use not specifically mentioned in this chapter, the requirements for off-street
parking facilities shall be determined by the decision-maker based on similar uses for which
requirements are specified.
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17.72.110 Location.
A. Off-street parking facilities shall be located as hereinafter specified; where a distance is
specified, such distance shall be the walking distance measured along the shortest safe pedestrian
way from the nearest point of the parking facility to the nearest entrance to the building which the
facility is required to serve:
1. For one and two family dwellings: on the same lot with the dwellings the parking
spaces are to serve;
2. For multiple dwellings, boardinghouses, retirement homes, congregate care facilities,
and tourist homes: not more than 100 feet;
3. For restaurants, taverns, retail establishments, hospitals, sanitariums, convalescent
homes: not more than 200 feet;
4. For uses in the C-III zoning district and the other commercial zones lying within the
Historic District: not more than 900 feet;
5. For bed and breakfast inns: not more than 200 feet; and,
6. For uses other than those specified above: not more than 500 feet.
17.72.120 On-street parking spaces.
A. If the proposed parking area plan submitted pursuant to Section 17.72.170 PTMC would
require elimination of one or more existing on.street parking spaces within the C-III zoning
district, the parking requirements prescribed in Section 17.72.080 PTMC are increased by two
off-street spaces for each on-street space to be eliminated; provided, that the building official may
waive all or part of any such increase upon a showing to his/her satisfaction that one or more of
the spaces to be eliminated had been created by permission of the applicant within the six years
preceding the proposed building, use or expansion.
B. If, however, such parking area plan would restore one or more existing on-street parking
spaces within the C- III zoning district by reducing existing curb cuts or other conflicts, the
off-street parking requirements prescribed in Section 17.72.080 PTMC are reduced by two
off-street parking spaces for each on-street parking space restored by said plan.
17.72.130 Residential transient accommodations - Parking requirements.
A bed and breakfast inn or a tourist home shall provide two off-street parking spaces for the
owner's use plus the off-street parking space for each guest room, provided that for a bed and
breakfast inn in an historic structure as defined under Chapter 17.08 PTMC, the required number
of off-street parking spaces shall be reduced by the number of on-street parking spaces which are
located on that portion of the public street right-of-way which is abutting the front and side lot
lines of the property. In such instances, one on-street parking space shall be counted for each
continuous 20 feet of abutting street frontage, less the 20 closest to each street intersection and
any frontage which may not be safely used for on-street parking due to the presence of driveways,
hydrants or other conflicting uses.
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17.72.140 Joint use.
A. The decision-maker may authorize joint use of parking facilities required by this chapter
through a joint use agreement between a use which requires parking primarily during the day
(hereinafter, "daytime uses") and a use which requires parking primarily during the night
(hereinafter, "nighttime uses"). Daytime uses are such establishments as banks, offices, retail and
personal service shops, clothing, furniture, manufacturing, or wholesale and related uses.
Nighttime uses include theaters, auditoriums, bowling alleys, bars, restaurants, lodgings and
related uses.
B. The portion of parking facilities serving retail stores selling groceries and related items
may not be used for joint use parking.
C. No more than one joint use parking agreement may be applied to each portion of any
parking facility.
D. The applicant shall show that there is no substantial conflict between the principal
operating hours of the buildings or uses for which joint use of off-street parking facilities is
proposed.
E. The applicant shall present a binding legal agreement, executed by the parties holding an
ownership interest in the properties subject to the proposed joint use parking agreement. The
agreement shall be irrevocable for the term of the proposed joint use parking and shan provide
that in the event that the joint use parking becomes unavailable, replacement off-street parking
shan be provided or the use shan be discontinued. Such instrument, after approval as to form and
manner of execution by the city attorney, shall be approved by the decision-maker, recorded with
the county auditor, and filed with the building official.
17.72.150 Waiver of requirements - Fee-in-lieu.of-parking spaces. Waiver of prior
conditions of development approval.
A. Within the C- III zoning district or the other commercial zones lying within the Historic
District, the decision-maker may waive an or part of the parking requirements prescribed in
Section 17.72.080 PTMC upon request by the applicant to pay a fee into the parking
improvement fund pursuant to Section 17.72.150 PTMC in lieu of furnishing the required parking
spaces. In making its determination on the request, the decision-maker shall consider:
1. The extent to which the parking requirements which apply to the proposed
development impose a particular hardship upon the applicant;
2. Whether granting the request would be unreasonably burdensome to other property
owners in the C- III zoning district or the other commercial zoning districts within the Historic
District; and,
3. Whether granting the request would lead to a better overall result than would strict
adherence to the parking requirements of this chapter for the purposes of encouraging appropriate
land uses, improving pedestrian circulation and achieving better parking design.
B. The fee-in-lieu of parking spaces shan be $3,660 per space required or such other amount
as the city council shan hereafter set by ordinance.
C. Any such agreement shan be made in compliance with applicable state laws.
04/07/97 City Council FINAL DRAFT-Title 17
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D. Any off-street parking spaces required as a condition of development approval prior to
December 31, 1996, whether owned or leased, are hereby waived~ provided, that this waiver shall
only apply if the off-street parking spaces would not be required as a condition of development
approval if application were made under this chapter, as amended.
17.72.160 In-lieu parking fees - Fund created w Parking improvement plan.
A There is created in the city treasury a special fund designated the "parking improvement
fund" into which in-lieu parking fees shall be deposited to be expended only for public
improvements listed in a parking improvement plan adopted by the city council. The city council
may ti-om time to time direct that other moneys be transferred into the fund to be used for the
purposes of the fund.
B. The fund shall be used exclusively for planning, acquisition, design, development,
construction, financing, maintenance and operation of off-street parking facilities within or
immediately adjacent to the C-III zoning district or the other commercial zones that lie within the
Historic District, all consistent with the specific project priorities set forth in the parking
improvement plan as hereafter adopted or amended by the city council.
17.72.170 Parking facilities - Plan required.
The applicant shall submit a plan of proposed parking facilities at the time of the application
for the building or use which the parking facilities will serve. The plan shall include the following:
A. North point and scale;
B. All adjacent streets, alleys, sidewalks and curbs~
C. Storm drainage facilities, designed and approved in accordance with Chapter 13.33
PTMC~
D. Ownership of entire lot or parcel to be developed;
E. Existing and proposed land contours;
F. Existing trees which have a trunk diameter of six inches or greater measured four feet
above grade;
G. Outline of all existing and proposed structures;
H. Completely dimensioned parking layouts, clearly showing all parking stalls, driveways and
aisles; with parking stalls sequentially numbered;
I. All traffic control devices such as parking stripes designating car stalls, directional arrows
or signs, bull rails, curbs, and other developments;
1. Parking stalls, aisles and driveways shall be clearly marked as follows:
I. Hard-surfaced parking areas shall use white paint or equivalent material to delineate
stalls and directional arrows; and each stall developed to compact car dimensions shall be clearly
labeled "COMPACT" on the parking surface,
2. Gravel or unsurfaced parking areas shall use wood or concrete bull rails or wheel stops
to delineate stalls, with posted signs to direct traffic; and each stall developed to compact car
dimensions shall be clearly labeled "COMPACT" on the bull rails or wheel stops of each stall;
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K. Where pedestrian walkways are delineated, they shall be separated from vehicular traffic
by curbs or shall be raised at least six inches above the lot surface~
L. All driveways and off-street parking areas which have four or more parking spaces and
which exit onto a hard-surfaced public street, shall be surfaced with a nùnimum of two inches of
asphaltic concrete for a driving distance of at least 40 feet from such street~
M. Landscaping shall be shown pursuant to Section 17.72.190 PTMC;
N. Lighting of areas provided for off-street parking shall be designed and arranged to prevent
a nuisance or hazard to passing traffic, and where a parking facility shares a common boundary
with any residentially zoned property, the lighting devices shall be shaped and directed to shield
the light from such neighboring property.
17.72.180 Parking facilities - Minimum dimensions.
A. Prelinùnary parking plans which do not show each parking space, access aisle and
driveway pursuant to Section 17.72.170 PTMC, or areas reserved for future parking on a gross
area basis, shall allow 300 square feet per vehicle.
B. Standard Sized Parking Spaces.
1. Standard sized parking spaces placed parallel to the access driveway or aisle shall be a
minimum of nine feet wide and 23 feet long. Driveways or aisles serving standard sized parallel
spaces shall be a minimum of20 feet wide for two-way traffic or 12 feet wide for one-way traffic.
2. Standard sized parking spaces placed at an angle to the access driveway or aisle shall
conform to the minimum dimensional requirements for standard sized cars set forth in Table
17.72.180.
C. Compact Sized Parking Spaces.
1. When more than 10 parking spaces are required for a particular use, one-half of the
parking spaces may be designated as "compact" spaces and be developed in conformance with the
minimum dimensional requirements for compact sized cars set forth in Table 17.72.180.
2. Compact car sized parking placed parallel to the access driveway or aisle shall be a
minimum of eight feet wide and 20 feet long. Driveways or aisles exclusively serving compact
sized parallel parking spaces shall be a minimum of 20 feet wide for two-way traffic or II feet
wide for one-way traffic.
3. Compact sized parking spaces placed at an angle to the access driveway or aisle shall
conform to the minimum dimensional requirements for compact sized cars set forth in Table
17.72.180.
4. Every compact sized parking space developed pursuant to this chapter shall be clearly
identified as such by painting the word "COMPACT" in upper case, block letters on the pavement
within the space or, in the case of unpaved parking stalls, on the bull rails or wheel stops of each
such stall.
D. Tandem parking spaces (allows forward car to be blocked by second car parked
immediately behind) are permitted as follows:
I. One per single- or two-family dwelling;
2. One per each four multi-family dwelling units;
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3. Otherwise, one per each four employees.
E. The minimum number and dimensions of parking spaces for disabled persons shall be
provided pursuant to applicable state laws and regulations.
F. No single curb cut shall be wider than 25 feet. For parking lots with fewer than 10 parking
spaces, a single curb cut which is no wider than 12 feet is allowed. Parking lots with separate
points of ingress and egress shall have curb cuts of maximum width of 12 feet separated by a
distance of at least 20 feet.
Table 17.72.180
Minimum Parking Lot Dimensions
Standard Sized Spaces
A B I c I D E
30. 9.0' 17.3' 12.0' 12.0'
45. 9.0' 19.8' 15.0' 12.0'
60' 9.0' 21.0' 18.0' 17.0'
90' 9.0' 19.0' 24.0' 19.0'
Compact Sized Spaces
A B f c D E
30. 8.0' 14.9' 12.0' 12.0'
45' 8.0' 17.0' 13.0' 12.0'
60' 8.0' 17.9' 16.0' 15.0'
90' 8.0' 16.0' 22.0' 18.0'
Key to Table
1\
I
c
I
I
D (2-way)
I
I
E (I-way)
I
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17.72.190 Parking facilities - Landscaping.
A. Purpose. The purpose of this section is to achieve the following:
1. Provide an opportunity for preservation and development of a pleasing visual
environment in the multi-family residential, mixed use, commercial, marine-related and
manufacturing districts of the city ITom the viewpoint of residents and visitors.
2. Preserve land values of properties surrounding off-street parking facilities.
3. Avoid and reduce visual blight which may be created by large expanses of barren
asphalt which often make up parking lots.
4. Provide for the health, safety, and general welfare ofthe citizens by minimizing
discordant and unsightly surroundings, assuring vehicular visibility at intersections, and providing
for the beauty and balance of the city, as are the proper and necessary concerns of the city
council.
B. Applicability. This section applies to all surface, off-street parking lots in the City of Port
Townsend, excluding those which are accessory to single or two-family dwellings.
C. Performance Standards. The applicant shall submit a parking landscaping plan as required
by Section 17.72.170 PTMC in accordance with the following standards:
1. Provide visual relief and shade in parking areas;
2. Provide visual separation and screening of parking areas from public streets,
pedestrian areas and surrounding uses;
3. Preserve and protect existing, significant trees;
4. Plant species which:
a. Fulfill the screening, shading and appearance purposes of the landscaping in all
seasons;
b. Provide a desirable diversity of species;
c. Will be comparable in scale to surrounding existing and anticipated uses when
plants reach maturity;
d. Are native to the regional environment or readily adaptable to local conditions;
e. Will not create particularly burdensome maintenance or damage problems such as
large leaf debris, dripping sap, or pavement damage;
f Will not require regular irrigation under normal local weather conditions after five
years of growth.
S. Planting methods which follow accepted nursery standards and practices suited to the
particular conditions of the site;
6. Provide protection of trees ITom vehicular damage;
7. Provide adequate watering system and unpaved areas around plantings;
8. Preserve necessary sight triangles at intersections so vegetation will not create a
vehicular sight hazard.
D. Minimum Standards. Excepting the Downtown Parking District, or excepting alternate
plans authorized pursuant to subsection F of this section, each parking lot landscaping plan shan
provide for the following minimum landscaping installations:
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1. Perimeter landscaping adjacent to public rights-of-way: off-street parking lots which
will not be entirely screened visually by an intervening building or structure fTom any abutting
public right-of-way, excluding dedicated alleys, shall provide landscaping between the parking lot
and such right-of-way in accordance with the following minimum requirements:
a. A five-foot-wide planting strip along the entire street frontage, excluding
driveways.
b. One tree for each 35 lineal feet of street fTontage or fTaction thereof, excluding
driveways.
c. Each tree shall be healthy "balled and burlapped" stock and carefully planted in a
planting area of at least 25 square feet, unless planted as a street tree within a sidewalk in
accordance with city street tree planting standards.
d. Each required deciduous tree shall measure a minimum of two inches in diameter
at three feet above the ground level at time of planting.
e. Each required evergreen tree shall have a minimum height of eight feet at time of
planting.
f The remaining planting strip area shall be planted with shrubs and ground cover
sufficient to provide substantial visual screening to a height of approximately four feet within
three years.
g. Required shrubs shall be a minimum height of two feet at time of planting.
h. All property other than the required landscaped strip lying between the
right-of-way and off-street parking area shall be landscaped with at least grass or other ground
cover.
2. Perimeter landscaping abutting other properties: off-street parking lots which will not
be entirely screened visually by an intervening building or structure from abutting property shall
provide landscaping between the parking lot and such abutting property in accordance with the
following minimum requirements:
a. Where parking lots abut residentially zoned property, a wall, hedge, or other
durable landscape barrier not less than five feet in height shall be placed to form a continuous
visual screen between the parking lot and such abutting property. One of the following methods
shall be used to provide such barrier:
i. Suitable hedge-type shrubs sized and planted to provide a solid screen within
five years of planting.
ii. Solid fencing with shrubs planted in front a minimum of 10 feet on center to
grow to at least five feet within five years of planting.
If such barrier consists all or in part of plant materials, such plant material shall be
planted in a planting strip of not less than five feet in width. Where such parking lot abuts an
existing hedge, wall or other durable landscaping barrier on abutting property, such barrier may be
used to satisfY the requirements ofthis subsection, provided that such existing barrier substantially
meets the standards of this section and protection against vehicular encroachment is provided for
hedges.
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b. One tree shall be placed for each 50 lineal feet of such landscape barrier or fraction
thereof, otherwise planted to the standards set forth for perimeter landscaping in subsection (1)
above.
c. Where such parking lot abuts a dedicated alley, no landscaping shall be required.
3. Parking lot interior landscaping: each parking area which has 20 or more parking
spaces shall provide interior landscaping in accordance with the following minimum standards:
a. At least 10 percent of each such parking area shall be used for interior landscaping.
b. No parking space shall be greater than 50 feet from a landscaped area.
c. Each landscaping area shall contain at least one deciduous tree which measures a
minimum of two inches in diameter at three feet above the ground level at time of planting. The
remaining ground area shall be landscaped with plant materials.
E. Preservation of Significant Trees.
1. The applicant shall retain all significant trees within the required perimeter landscaping
strip, excluding those which will constitute a safety hazard. Within the interior of parking areas, at
least 15 percent of healthy trees over 60 feet in height shall be preserved.
2. Up to 10 percent of the required parking spaces may be eliminated at the rate of one
parking space for each additional significant tree preserved, provided such trees do not provide a
safety hazard.
3. For the purposes of this subsection, any healthy tree which has a trunk diameter of six
inches or larger shall be considered a significant tree.
F. Alternate parking lot landscaping plans may be approved by the planning director upon a
showing to his/her satisfaction that:
I. Due to the physical characteristics of the site or those of abutting properties, strict
adherence to the minimum standards set forth in subsection D of this section would be unsafe or
unnecessary to achieve the purposes of this title or unreasonably burdensome upon the applicant;
and,
2. The alternative plan proposed would satisfy the perfonnance standards set forth in
subsection C of this section.
17.72.200 Parking facilities - Maintenance.
A. It shall be the responsibility of the property owner to maintain all off-street parking,
pedestrian and landscaping facilities on his/her property and any abutting public sidewalks and
landscaping areas. Such maintenance shall include removal and replacement of dead and dying
trees, grass and shrubs; removal of trash and weeds; and within the off-street parking facilities,
repair of traffic control devices, signs, light standards, fences, walls, surfacing material, curbs and
railings.
B. Cutting and pruning of trees in any public rights-of-way shall be conducted in accordance
with the provisions of Title 12 PTMC.
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17.72.210 OfT-street loading and queuing spaces - Number required.
A. Each department store, freight terminal, hospital, sanitarium, industrial or manufacturing
establishment, retail or wholesale store, supply house, laundry, dry cleaning establishment, storage
warehouse or similar use where large amounts of goods are received or shipped shaH provide the
minimum number of truck loading spaces indicated by the foHowing table:
Aggregate Gross Floor Area
(in square feet)
Less than 10,000
10,000 to 15,999
16,000 to 39,999
40,000 to 65,000
each additional 16,000
Minimum Number of Spaces
None
1
2
3
1 additional
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B. Each auditorium, convention or exhibit hall, sports arena, hotel, office building, restaurant,
or similar use shall provide the minimum number of truck loading spaces indicated by the
following table:
Aggregate Gross Floor Area
(in square feet)
Less than 40,000
50,000 to 59,999
60,000 to 99,999
100,000 to 160,000
each additional 60,000
Minimum Number
of Spaces
None
I
2
3
1 additional
C. Each loading space shall be not less than 10 feet in width and 25 feet in length, and shall
have a vertical clearance of at least 14 feet in height.
D. All banks, savings and loan associations, fast food restaurants, and other businesses which
maintain drive-in facilities shall provide sufficient vehicular queuing space to prevent obstruction
of public rights-of-way or private driveways or aisles during peak business hours.
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Chapter 17.76
SIGNS
Sections:
Article I. Statement of Purpose
17.76.010 Statement of purpose.
Article II. Regulations
17.76.020 General provisions.
17.76.030 Historic district.
17.76.040 Residential districts (R-I, R-II, R-III and R-IV).
17.76.050 Mixed use, commercial, and public, park and open space districts outside the
historic district (C-I/MU, C-II/MU, C-I, C-II, C-II(H), C-III, C-IV, P/OS(A),
P/OS(B), and P-I).
17.76.060 Marine-related and manufacturing districts (M/C, M-I, M-II, M-II(A), M-II(B)
and M-III).
17.76.070 Exemptions.
17.76.080 Special exemption - Grand opening signs.
17.76.090 Prohibited signs.
Article III. Special Category Signs
17.76.100 Special category signs.
Article Iv. Permit Requirements
17.76.110 Permit - Required.
17.76.120 Permit - Application.
17.76.130 Permit - Fees and approval.
17.76.140 Permit - Identification - Permanent sticker.
Article V. Administration and Enforcement
17.76.150 Variance.
17.76.160 Interpretations.
17.76.170 Enforcing official- Powers and duties.
17.7.6.180 Removal of signs.
17.76.190 Nonconforming signs.
17.76.200 Liability.
Article I. Statement of Purpose
17.76.010 Statement of purpose.
A. The city council finds that it is necessary to regulate signs in the city to help assure that
Port Townsend is a safe and attractive place in which to live and to do business.
B. Measures taken in this chapter to achieve this purpose reflect the city council's
consideration of:
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1. The vantage points of pedestrians, motorists, cyclists, visitors, residents, and
occupants of homes, shops, other buildings; and real property;
2. Safety through care in placement, sizing and illumination of signs so as to avoid visual
clutter, distraction or obstruction of vision of pedestrians and motorists, or obstruction of
rights-of-way;
3. Communication between businesses, organizations and the general public;
4. Economy for those erecting signs, or maintaining or modifYing already-existing signs,
through care in specifying style and construction; by reducing the need to replace signs which
might become obscured by unnecessarily large neighboring signs; by providing adequate time to
replace signs which do not comply with the new standards; by protecting property values; and by
preserving the community character which attracts visitors and new residents, and sustains
business development;
5. Aesthetic benefits to business districts and the community at large through consistency
in style, placement, and scale and harmony of signs with buildings, natural settings and other
sIgns;
6. Compatibility of signs with the architectural and historical qualities of Port Townsend;
7. General public health, safety and welfare; and,
8. Fair and consistent enforcement of these sign regulations.
C. The people of Port Townsend are proud of its national historic district. Our national
government declared Fort Worden and the district as two of the few national landmarks in the
state of Washington. The National Trust for Historic Preservation has assisted the city with a sign
provision for the historic district. Specific guidelines for signs were included in the Field Report
on the Water Street Historic District, National Trust for Historic Preservation, 1974. The city
council finds that special sign regulations are required to preserve and reflect the historic
character of the historic district.
D. The city council intends that to the fullest extent authorized by Chapter 47.24 RCW, now
or as hereafter amended, the provisions of this chapter shall also govern within any street, bridge
or wharf which also forms a part of any state highway in the city. In addition, the provisions of
Chapter 47.42 RCW, the Highway Advertising Control Act-Scenic Vistas Act, now or as
hereafter amended, shall not authorize erection of any sign contrary to the provisions of this
chapter.
Article II. Regulations
17.76.020 General provisions.
The following provisions shall apply to all zoning districts and to all signs regulated by this
chapter, subject however to the specific regulations in each zoning district:
A. No sign shall be erected, caused to be erected, or allowed to remain erected except in
compliance with all the regulations established in this chapter. No owner or lessee of any real
property located within the corporate limits of the city shall knowingly allow any sign to be
erected on any such property in violation of the provisions of this chapter. No person shall take
04/07/97 City Council FINAL DRAFT-Title 17
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any action intending to, or having the effect of, circumventing the purpose and intent of this
chapter.
B. Signs subject to design review as provided in this title must obtain approval of the historic
preservation committee before a sign permit may be issued.
C. Safe and Secure Installation. Signs, sign structures and bracing systems shall be designed
and constructed to support the weight of the sign and the vertical and lateral forces which may
occur from winds, snow or seismic activity. For signs on buildings these loads and forces shall be
transmitted through the structural frame of the building in such a manner as not to over stress any
of the elements of the building or sign structure. The working stresses of wire rope or its
fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners. Signs
attached to masonry, concrete or steel shall be safely and securely fastened thereto with metal
anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the
loads applied. No wooden blocks or plugs or anchors with wood used in connection with the
screws or nails shall be used, except in the case of signs attached to wood framing. Materials of
construction for signs and sign structures shall be of the quality and grade as specified for
buildings in the Uniform Building Code as adopted in PTMC Title 16. All electrified signs shall be
designed, installed and inspected in conformance with the National Electrical Code.
D. Clearance and Sight Distance. Marquees, canopy signs or projecting signs which project
over areas where motor trucks may be required to pass beneath them shall maintain a minimum
vertical clearance of 15 feet. No marquee, canopy sign or projecting sign may project closer than
two feet from the curb line of the street. All marquees, canopy signs and projecting signs must
maintain a minimum of eight feet of vertical clearance over pedestrian ways. Freestanding and
portable signs may not be placed within a clear vision area at the intersection of any streets, alleys
or driveways.
E. Light and Glare from Signs. The light source for signs which are illuminated by indirect
lighting shall be no farther away from the sign than the height of the sign and shall be shielded so
that direct rays from the light are visible only on the lot where the sign is located and in a manner
that hazardous glare to motorists or pedestrians will not occur.
17.76.030 Historic district.
The following sign regulations shall apply within any mixed use, commercial, and public, park,
and open space zoning districts (i.e., C-I/MU, C-II/MU, C-I, C-II, C-II(H), C-III, C-IV P/OS(A),
P/OS(B), and P-I), wherever lands within these zoning districts are also within the historic
district.
A. Total allowable sign area is determined as follows:
1. One square foot of sign area for each lineal foot of primary street frontage of the
primary building.
2. But, not less than 40 square feet for each principal building or, in the case of a
multiple-business complex, for each separate store front.
3. Forty square feet for an outdoor business which operates without a building.
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4. Should more than one business share an entry, an additional six square feet may be
added for a multiple-tenant directory.
5. Includes all types of signs on all sides and all stories of the building or premises.
Exceptions: parking lot identification signs, symbol signs, commemorative plaques, window sign
letters less than six inches in height, window signs above the first floor, mural signs approved
pursuant to subsection I below, and signs listed as exempt in PTMC 17.76.070 are not included in
detennining allowable sign area.
6. Within the total allowable sign area determined above, the total area of signs attached
to any given wall shall not exceed 40 square feet or the sign area calculation derived from the
street frontage of that wall, whichever is the greater area.
B. Maximum Sign Height. No sign may be placed higher than the second story window sill
level, or on or above the cornice line of any building. Exceptions:
1. Window signs advertising an establishment located on an upper floor and placed in the
window of such an establishment;
2. Freestanding and portable signs are limited to five feet in height, except sandwich
board signs which are limited to four feet in height.
C. Projecting signs are subject to the following additional regulations:
1. No larger than 12 square feet per side;
2. May project no more than four feet from the building;
3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches
from the vertical wall;
4. Only one projecting sign, including symbol signs, is allowed for each main entry;
5. Projecting signs may be illuminated only by indirect lighting.
D. Window Signs.
1. Window signs require a sign pennit unless lettering is less than six inches in height.
2. Window signs above the first floor are allowed only to businesses located exclusively
above the first floor, are restricted to a total sign area of one square foot for each lineal foot of the
width of the window glass; and such signs are not included in allowable sign area of the building.
E. Freestanding Signs.
1. Monument signs shall be no more than 12 square feet in sign area per side.
2. Pole signs are permitted only if mounted on two poles placed at the outermost sides of
the sign face.
3. Sandwich board signs may be placed upon a public or private sidewalk subject to the
following restrictions and requirements:
a. Written permission must be obtained from the owner of the property in front of
which the sign is to be placed.
b. Signs may be placed near markings separating parking spaces, but not within a
crosswalk and not closer than 15 feet from the intersection of the extension of the curb lines (edge
of curbs on the vehicular traffic side) of each intersecting street or from another sandwich board
sign. Exception: Up to three sandwich board signs may be placed on the sidewalk of any street
04/07/97 City Council FINAL DRAFT-Title 17
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which intersects Water Street when placed adjacent to but not obstructing the crosswalk adjacent
to Water Street.
lli
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04/07/97 City Council FINAL DRAFT-Title 17
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c. Maximum sign area is eight square feet per sign face; maximum sign width is 30
inches; maximum sign height is four feet; minimum sign height is 30 inches.
d. Signs must be placed at least 30 inches but no further than six feet from curb, or if
placed adjacent to a building, no further than three feet ftom the building line. Exception: Signs
may be placed within 12 inches of the curb line wherever parking is prohibited in the adjacent
street.
e. Signs may not be placed closer than 12 inches from any tree grate or other
planting.
f No sandwich board sign may be placed within the historic district which advertises
a business or premises which is located outside of the historic district.
g. The sign area of each sandwich board sign shall be included in the total allowable
sign area calculated pursuant to subsection A of this section for the premises in which the business
advertised is located. Exception: The sign area of tour assembly signs erected pursuant to
subsection J of this section shall not be included in the sign area calculation of any building.
h. Continuous proof of liability insurance must be provided naming the city as
additional insured in amount and policy provisions as approved by the clerk-treasurer of the city.
i. Each sign must be of sound construction and designed to the satisfaction of the
director to withstand high winds.
j. No more than one sandwich board sign may be erected for each business
advertised.
4. No other pole signs, portable, sandwich board, sidewalk or other fteestanding signs
are allowed, unless expressly authorized herein.
F. Illuminated Signs.
1. Subdued, indirect lighting of signs is encouraged.
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2. The total area of signs illuminated by intemallighting shall not exceed six square feet
per separate store front.
3. Signs illuminated by neon lighting may have a total sign area of up to 12 square feet
per separate store front.
G. Signs identifYing rear entrances shall be no more than four square feet in area.
H. Signs directed toward the water are not allowed unless the building has a public waterside
entrance.
I. Mural Signs. In addition to the allowable sign area prescribed in subsection A above,
additional mural signs are allowed subject to prior approval of the Port Townsend historic
preservation committee. Upon application, the historic preservation committee may authorize
such mural signs upon a finding that the design and placement of the proposed sign contributes to
the historic district. The historic preservation committee may also authorize specific placement of
such mural signs off-premises or in a manner which exceeds the applicable size or height limits
prescribed herein. The findings of the historic preservation committee shall be based upon specific
standards adopted by the committee and shall be submitted in writing to the director who shall
attach same to the application for sign permit.
1. Tour Assembly Signs. Each business which has been authorized by franchise agreement
with the city to conduct public tours within the public rights-of-way may, if such business does
not have business premises within the historic district, place one portable sandwich board sign on
the sidewalk at a location and in a manner approved by the director. The business owner shall also
obtain and submit to the director written permission of the owner of the property immediately
abutting the location of the proposed sign, and shall also submit proof of liability insurance
naming the city as additional insured. The clerk-treasurer shall approve the amount and policy
provisions of such liability insurance. The sign area of such sign shall not exceed six square feet
per sign face and such sign area shall not be included in the allowable sign area of the abutting
property.
K. Kiosks. The director is hereby authorized to permit erection of kiosks by the city or by
one or more nonprofit community organizations representing a large number of retail businesses.
Such kiosks must be shown to provide community bulletin board services of broad public interest
and a current directory of retail businesses. No more than three such kiosks may be placed within
the downtown commercial area of the historic district, nor more than one within the uptown
commercial area.
L. Prohibited Signs.
1. In addition to those signs listed as prohibited in PTMC 17.76.090, readerboard signs
and off-premises real estate signs are not permitted in the historic district.
17.76.040 Residential districts (R-I, R-II, R-m and R-IV).
In addition to the other applicable provisions of this chapter, the following regulations also apply
i.n each residential zoning district (i.e., R-I, R-II, R-III and R-IV):
A. Total Allowable Sign Area.
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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.
3. Home occupations are allowed one wall-mounted sign not to exceed three square feet
in sign area.
4. Government buildings, schools and churches are allowed one identification sign not to
exceed 16 square feet and one readerboard 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, Special Category Signs.
b. Real estate and political signs pursuant to PTMC 17.76.070.
3. Freestanding signs must be set back at least five feet inside property lines.
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.
17.76.050 Mixed use, commercial, and public, park and open space districts outside the
historic district (C-I/MU, C-llIMU, C-I, C~ß, C-ß(H), C-ID, C-IV, P/OS(A),
P/OS(B), and P-I).
In addition to the other applicable provisions ofthis chapter, the following regulations also apply
in each mixed use (i.e., C-I/MU and C-II/MU), commercial (C-I, C-II, C-II(H), C-III, C-IV), and
public, park and open space (i.e., P/OS(A), P/OS(B) and P-I) zoning district:
A. Total allowable sign area is determined as follows:
1. One square foot of sign area for each lineal foot of primary street frontage of the
principal building.
2. But, not less than 100 square feet for each principal building, nor less than 32 square
feet for each business in a multiple business complex.
3. Forty square feet for an outdoor business which operates without a building.
4. Government buildings, schools, churches and the Port Townsend Visitors Center are
permitted one identification sign not to exceed 32 square feet.
5. Includes all types of signs on all sides and all stories of the building or premises.
Exceptions: parking lot identification signs, symbol signs, incidental signs, window sign lettering
less than six inches in height, motor fuel price signs erected pursuant to subsection G below,
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monument signs erected as a directory sign for a multiple-business complex pursuant to
subsection (E)(2) of this section, service club signs authorized pursuant to PTMC 17.76.100, and
signs listed as exempt in PTMC 17.76.070 are not included in the determination of allowable sign
area.
B. Maximum sign height is as follows:
I. Seventeen feet, but in no event may signs extend higher than the nearby surface of the
roof of the building.
2. Canopy signs or signs mounted on a marquee may not extend higher than the highest
roof surface of the canopy or marquee, but in no event may extend higher than the nearby roof
surface of the building.
3. Five feet for a monument sign of a single business or multiple-tenant building.
4. Five feet plus one foot per each separate business advertised on a monument directory
sign of a multiple-business complex.
C. Projecting signs are subject to the following additional regulations:
1. No larger than 16 square feet per side.
2. May project no more than four feet from the building.
3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches
from the vertical wall.
4. Only one projecting sign, including symbol signs, is allowed for each main entry.
D. Window signs require a sign permit unless lettering is less than six inches in height.
E. Freestanding Signs.
1. Each single-business or multiple-tenant building shall be allowed one monument sign
not to exceed a sign area of24 square feet.
2. Each multiple-business complex is allowed one monument sign per street frontage for
a directory sign. The sign area of such directory sign is not to exceed 32 square feet plus eight
square feet per separate business advertised and an additional 12 square feet to allow display of
the name of the complex.
3. Each such allowed monument sign may not exceed a sign area of 102 square feet per
sign face, nor a sign face width of 10 feet, nor a height of 17 feet.
4. Monument signs must be set back from property lines a distance of one foot for each
one foot of sign height in excess of five feet. Exception: The director is authorized to permit
alternate monument sign placement as part of a streetscape improvement project in conformance
with the Gateway Development Plan.
5. Each monument sign shall have a landscaped area at the base of the sign of at least
twice the size of the sign area.
6. No other freestanding or portable signs are allowed.
F. Illuminated Signs.
1. Indirect lighting is encouraged.
2. Signs illuminated with internal or neon lighting are limited to a sign face area of 25
square feet.
G. Readerboard signs may not exceed 12 square feet per sign face. Exceptions:
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1. In addition to the sign area allowed pursuant to subsection A of this section, any
business selling motor fuel to the public may have one permanently mounted motor fuel price sign
not to exceed 18 square feet per sign face. If such sign is incorporated as part of the monument
sign allowed pursuant to this section, the allowable height of such monument sign may be
increased by four feet.
2. The director is authorized to permit one permanently mounted readerboard sign for
community event announcements on premises owned by the city or a nonprofit organization under
contract with the city. Such sign may not exceed a sign area of 50 square feet per sign face.
3. Portable readerboard signs are not permitted.
17.76.060 Marine-related and manufacturing districts (M/C, M-I, M-ll, M-ll(A), M-ll(B)
and M-llI).
In addition to the other applicable provisions of this chapter, the following regulations also apply
in each marine-related and manufacturing (i.e., M/C, M-I, M~II, M-II(A), M-II(B) and M-IU)
zoning district:
A. Total allowable sign area is determined as follows:
1. Sixty-four square feet for each principal building.
2. But, each separate business in a multiple-tenant building or multiple-business complex
shall be allowed at least 32 square feet of sign area.
3. Each multiple-tenant building is allowed an additional six square feet for a directory
sIgn.
4. Government buildings and schools are permitted one identification sign not to exceed
32 square feet.
5. Includes all types of signs on all sides and all stories of the building or premises.
Exceptions: Parking lot identification signs, incidental signs, monument signs, window sign
letters less than six inches in height, and signs listed as exempt in PTMC 17.76.070 are not
included in determining allowable sign area.
B. Maximum sign height is as follows:
1. Five feet for monument signs, plus one foot for each separate business advertised on
the sign, but no higher than 10 feet.
2. Ten feet for other signs.
C. Projecting signs are subject to the following additional regulations:
1. No larger than 16 square feet per side.
2. May project no more than four feet trom the building.
3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches
from the vertical wall.
4. Only one projecting sign, including symbol signs, is allowed for each main entry.
D. Window signs require a sign permit unless lettering is less than six inches in height.
E. Freestanding Signs.
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1. Each multiple-business complex is allowed one monument sign per street ti-ontage for
a directory sign. The sign area of each such directory sign shall not exceed 16 square feet plus six
square feet per separate business advertised, but not larger than 64 square feet.
2. Monument signs must set back ti-om property lines a distance of one foot for each one
foot of sign height in excess of five feet.
3. No other ti-eestanding or portable signs are allowed.
17.76.070 Exemptions.
The following types of signs are allowed in all areas without a sign permit. These exemptions shall
not be construed as relieving the owner of any sign for the responsibility of its erection and
maintenance, or for compliance with the provisions of this chapter, or any other law or ordinance
regulating same.
A. Community event signs if no larger than six square feet per sign face and displayed no
longer than 21 days before the event and removed within 48 hours after the event; provided,
however, that the location of any signs to be placed in the public right-of-way shall be approved
by the director;
B. Community fund raising signs pertaining to a specific proposed public construction project
or fundraising campaign; provided, that only one such sign may be erected at a time, the sign area
may not exceed 32 square feet, and the sign may not be displayed for longer than two years or the
conclusion of the project or campaign, whichever occurs soonest;
C. Real estate signs limited to one sign offour and one-half square feet maximum area per
sign face on each parcel of property offered for sale in residential zones. In other zones, one sign
is allowed up to 16 square feet per sign face on each separate parcel of property offered for sale.
Each real estate sign must be removed no later than five business days after closing of sale of the
property advertised. Closing of sale shall be considered the date of recording with the Jefferson
County auditor. Off-premises real estate signs are not permitted. Exception: Real estate signs
advertising an open house may be placed off-premises if:
1. Placed on private property;
2. Signs are no larger than three square feet per sign face; and,
3. Displayed for no longer than four consecutive days. Exception:
estate signs are not allowed under any circumstances in the historic district.
not permitted within any public right-of-way;
D. On-premises or on-vehicle incidental signs not exceeding two square feet each;
E. On-premises directional signs not exceeding six square feet, the sole purpose of which is
to provide for vehicular and pedestrian traffic direction and which display no advertising;
F. Political signs erected on private property up to four and one-half square feet per sign face
in residential zones and 16 square feet per sign face in other zones; provided, that political signs
shall be removed within 10 days after the final election involving the candidate or ballot
proposition advertised by the sign;
Off-premises real
Real estate signs are
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G. Temporary construction signs limited to a total sign area of32 square feet per
construction site, displayed no longer than one year and removed no later than 10 days after
completion or occupancy of the project;
H. Traffic, directional or infonnational signs lawfully installed, or required to be installed, by
a government entity; provided that, in the event of any conflict between the provisions of this
chapter and the provisions of any applicable state law, the provisions of this chapter shall govern
unless expressly preempted by the laws of the state;
I. Signs not intended to be viewed from, and which are not readable tfom, a public
right-of-way;
1. Window merchandise display;
K. Flags ofthe United States, the state, the city, the county, foreign nations, and any other
flag adopted or sanctioned by an elected legislative body of competent jurisdiction; provided, that
such a flag shall not exceed 60 square feet in sign area and shall not be flown from a pole the top
of which is more than 40 feet in height. Such flags must be flown in accordance with protocol
established by the Congress ofthe United States for the Stars and Stripes. Any flag not meeting
anyone or more of these conditions shall be considered a banner sign and be subject to regulation
as such;
L. Decorative banners if no more than five per each premises;
M. Legal notices required by law;
N. Barber poles;
O. Grave markers;
P. Incidental, nonilluminated signs identifying small specialized community service structures,
such as phone booths, public transit shelters, and collection containers for used goods or
recyclable materials;
Q. Incidental, nonillunúnated signs limited to three per storefront;
R. Nonilluminated informational signs pertaining to motor fuel which are affixed to the
surface offuel pumps, but not including signs projecting from the sides or top of such pumps;
S. Temporary signs limited to a IS-day display;
T. Lettering or symbols painted directly onto or mounted magnetically onto an operable
motor vehicle operating in the normal course of business; provided no part of such signs shall
project higher than the roof surface of any such vehicle other than franchised buses or taxis;
U. Signs attached to franchised buses or taxis;
V. One nonilluminated bulletin board not larger than 12 square feet in area for each public,
charitable or religious institution when the same is erected on the premises of the institution;
W. Mural signs within the national historic district in existence on the effective date of the
ordinance codified in this chapter;
X. Nonilluminated religious symbols mounted on church premises.
17.76.080 Special exemption - Grand opening signs.
A. During a grand opening not to exceed 10 days, temporary signs may be displayed on the
premises without a sign permit and regulations with respect to sign area, roof placement, sign
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height and type of signs are temporarily suspended.
B. All other regulations provided herein and not expressly suspended by this section shall
apply to grand opening signs.
C. The provisions of this section may not be applied to more than one grand opening event at
any business location within any 12-month period; provided that each separate business location
within a multiple-business complex shall be entitled to a grand opening event separate ftom a
grand opening event for the complex as a whole.
17.76.090 Prohibited signs.
The following signs are prohibited within the city:
A. Abandoned signs;
B. Bench signs;
C. Billboards;
D. Flashing, revolving or any other moving signs; provided, that the moving hands of a clock
or changing numerals of a time and/or temperature device may be permitted subject to the other
regulations provided in this chapter;
E. Off~premises signs except real estate signs, political signs, community event signs, mural
signs, sandwich board signs, and garage sale signs specifically authorized or exempted herein;
F. Off-premises real estate signs within the national historic district;
G. Portable readerboard signs;
H. Roof-mounted signs, including any signs painted directly on the roof surface;
I. Signs or sign structures, which by coloring, shape, working or location resemble or
conflict with traffic control signs or devices;
1. Signs which create a safety hazard for pedestrian or vehicular traffic;
K. Signs larger than two square feet in area attached to or placed on a vehicle or trailer on
public or private property; provided, however, that this provision shall not be construed as
prohibiting the identification of a firm or its products on a vehicle operating during the normal
course of business. Franchised buses or taxis are exempt from this provision;
L. Signs attached to utility poles or traffic signs;
M. Signs within the public right-of-way except community event signs, kiosks and signs
which overhang the public right-of-way as specifically authorized herein;
N. Signs in city-designated buffer zones or greenbelt area;
O. Signs which display the symbol, slogan or trademark of national brands of soft drinks or
other products which do not form the bulk of the business transactions ofthe premises;
P. Signs contrary to the provisions of this chapter;
Q. Streamers;
R. Signs with any sign face larger than 25 square feet which is illuminated all or in part by
internal lighting.
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Article ID. Special Category Signs
17.76.100 Special category signs.
The following regulations shall apply to the special categories of signs set forth below, in addition
to all the other requirements of this chapter which may be applicable:
A. Parking Lot Identification Signs. Parking lot identification signs may be erected without a
sign permit if restricted to posting regulations regarding the use of the lot and to identifYing a
parking lot with its owner, operator, or name of the business providing the lot. No advertising
other than the name of the business may be included. The total sign area for parking lot
identification signs shall not exceed sign square feet for each 1,000 square feet of parking lot area
and each sign face shall not exceed six square feet~ provided that each lot shall be allowed at least
one parking lot identification sign~ and provided further, that these restrictions may be exceeded
to the extent required by any applicable laws of the state. Parking lot identification signs shall not
exceed a sign height of six feet.
B. Community Announcement Signs. Community announcement signs are signs erected or
authorized by the city on or over public right-of-way. Such signs shall be limited to 75 square feet
per sign face~ provided, however, that the ground clearance, vision clearance and methods of
construction in suspension are approved by the director. Erection of signs over public
rights-of-way shall be by or under the supervision ofthe city, and all costs incurred by the city
relating thereto shall be reimbursed to the city by the permittee. Community announcement signs
require a sign pennit, are permitted in any zoning district, and are limited to a 42-day display.
Signs announcing an upcoming event shall be removed within 48 hours after the event.
C. Service Club Signs. Service club signs are signs which display the recognized shield, logo
or symbol of an international selVice club which has an established chapter in Port Townsend, has
regularly scheduled meetings, but does not own or lease premises within the city. Each such sign
may not exceed five square feet. Service club signs require a sign permit and may be displayed
only at a single location which has been approved by the director.
D. Garage or Rummage Sale Signs. Garage or rummage sale signs are temporary signs not to
exceed three square feet per sign face which provide direction to a household sale. Up to three
such signs may be placed without a sign permit on the property on which the sale is held and/or in
nearby public rights-of-way. Signs placed in public rights-of-way must be self-supported by a
stake or similar device and may not be attached to utility poles or traffic signs. Care must be taken
to assure that the placement of such signs will not create a hazard to the public by obstructing the
view or passage of pedestrians, cyclists or motorists. Garage or rummage sale signs may not be
displayed for longer than three days and must be removed within 24 hours after the sale. Garage
or rummage sale signs may not be displayed more than once during any 12-month period for
direction to a sale on the same premises.
E. Special Purpose Sign. A special purpose sign is a temporary sign to be displayed less than
60 consecutive days for a purpose not anticipated by this chapter, but not in conflict with it, or in
a unique situation as determined by the director. The total area of all special purpose signs
intended to be displayed on anyone premises shall be determined by the director; provided,
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however, that the total area shall not exceed 32 square feet. All special purpose signs shall require
a sign pennit.
Article IV. Permit Requirements
17.76.110 Permit - Required.
No sign or portion of any sign, except those exempted inPTMC 17.76.070 or 17.76.100, shall be
erected, reerected, replaced, revised, attached, structurally altered, or relocated by any person,
firm or corporation from and after the effective date of the ordinance codified in this chapter
without a pennit issued by the city. No permit shall be required for repair, cleaning, or other
normal maintenance, nor for changing the message on a readerboard sign, as long as the sign
structure is not modified in any way.
17.76.120 Permit - Application.
Applications for sign permits shall be made to the director upon permit forms provided by the
city. Such application shall require:
A. Name of business and address where the work is to be performed;
B. Name and title of applicant;
C. Name, address and telephone number of the firm doing installation work;
D. Name and address of the sign owner if other than the business installing the sign;
E. A complete list describing each existing sign on the premises, including sign type, copy,
sign area, location on premises, and date installed;
F. A site plan showing the location of the affected lot, buildings, and signs, showing both
existing signs and proposed signs;
G. A scale drawing of each proposed sign or sign revision, including location, size, height,
copy, structural and footing details, material specifications, method of attachment, illumination,
front and end views of canopies and any other information required to ensure compliance with
appropriate laws;
H. Electrical load with name of electrical contractor responsible for installation of service
feed wire if other than sign contractor. Amperage and voltage must be prominently displayed on
the sign. (Note: Electric signs must conform to the National Electrical Code);
I. An application for right-of-way permit if the sign or canopy will extend over a public
right-of-way;
1. Written consent of the owner of the building, structure, or property where the sign is to be
erected.
17.76.130 Permit - Fees and approval.
Permit fees shall be in accordance with the current fee schedule adopted by city ordinance. Upon
approval of plans and payment of the required fee, the director shall issue the sign permit. Permits
shall be numbered in the order of their issuance and shall disclose:
A. The type and description of sign(s) as defined in this chapter;
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B. The street address of the property upon which the sign will be installed;
C. The amount of the fee paid for the permit;
D. The date of issuance;
E. The name of the person or company installing the sign;
F. The name of the sign owner.
17.76.140 Permit - Identification - Permanent sticker.
With each permit issued, the director shall issue a corresponding permanent, numbered sticker
indicating issuance of the sign permit. It shall be the responsibility of the permittee or his/her
agent to attach the sticker in a location on the sign(s) or sign structure(s) where it can be readily
seen from the street. The absence of such label shall be prima facie evidence that the sign has been
installed in violation of this chapter.
Article V. Administration and Enforcement
17.76.150 Variance.
The director shall have the authority to grant a variance from the requirements of this chapter in
accordance with the following procedures and considerations:
A. The person seeking a variance shall prepare and submit an application on forms provided
by the director accompanied by a fee in the amount of$125.00, or an amount as hereafter may be
specified by ordinance.
B. Upon receipt of an application, the director shall first review the application for
completeness. If the application is incomplete, the director shall promptly return it to the applicant
and indicate the additional information needed to make the application complete.
C. Within 15 days of receipt of a complete application, the director shall make a preliminary
determination of whether to grant the application, grant the same under specified conditions, or to
deny the variance. In making his/her determination, the director may grant a variance only upon
specific, written findings offact setting forth and showing that the following conditions exist:
I. Literal interpretation and strict application of the provisions and requirements of this
chapter would cause either:
a. Undue hardship on the applicant because of unique or unusual conditions
pertaining to the subject property; or
b. Loss or substantial modification of a sign which has been found by the historic
preservation committee to contribute significantly to the historic district;
2. The unique or unusual conditions do not result from actions of the applicant or owner
of the subject property;
3. Granting the variance would not confer a special privilege to the subject property that
is denied to other similarly situated properties;
4. Granting the variance would not be materially detrimental to the property owners in
the vicinity or to the traveling public;
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5. Granting the variance would not be contrary to the objects of this chapter relating to
the placement of signs and the reduction of clutter; and,
6. Granting the variance would be in hannony with the purpose and intent of this chapter
and would not establish a precedent for subsequent variance requests which could diminish the
effect of this chapter in furthering these purposes.
D. In granting any variance, the director may attach thereto such conditions regarding the
location, character and other features of the proposed sign as he/she may deem necessary to carry
out the spirit and purpose of this chapter in the public interest.
E. Within five days of making of his/her preliminary determination, the director shall cause to
be mailed a notice of the determination to the owner or reputed owner of the properties within
200 feet of the subject property, as shown by the property tax records of the Jefferson County
assessor, and by posting notice in a conspicuous place on the subject property and at the Port
Townsend City Hall. The notice shall identify the applicant, the street address or legal description
of the subject property, the variance requested, the director's preliminary determination and where
the application and director's findings may be inspected, and shall indicate that written comments
or objections will be received and considered by the director for a period of 10 days following the
date of mailing.
F. Within five days of expiration of the comment period, the director shall consider any
comments or objections made and render a final decision. The director shall cause to be mailed
notice of his/her final decision to the applicant and to each person from whom written comments
or objections to the preliminary determination have been received. Such decision shan be final and
binding unless appealed in writing to the city council within 15 days of the date of mailing of the
director's final decision. Any person may file such an appeal by letter addressed to the city council,
accompanied by an appeal filing fee in the amount of $100.00.
G. In the event of an appeal, the city council will review the reasons and infonnation set forth
in the letter of appeal; the findings, conclusions, and decision of the director, together with any
written material submitted by the director; and may take public comment. The city council shall
affinn the decision of the director unless it finds the decision to be clearly erroneous, or arbitrary
and capricious, or contrary to law, in which case the council may modify the decision or any
conditions in connection therewith, or remand the same to the director.
H. No action to set aside or modify the decision of the city council may be brought in any
court or other tribunal unless the action shan be filed within 30 days of the effective date of the
decision.
17.76.160 Interpretations.
Where there is any dispute concerning the interpretation of this chapter, the decision of the
director shall prevail, subject to appeal to the appeal provisions set forth in Chapter 20.01 PTMc.
17.76.170 Enforcing official- Powers and duties.
The enforcing official of this chapter shall be the director who is hereby authorized and directed to
enforce all the provisions of this chapter. Upon presentation of proper credentials, the director
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may enter at reasonable times any building, structure, or premises to perform any duty imposed
upon him/her by this chapter. Signs for which a permit is required may be inspected periodically
by the director for compliance with this chapter.
17.76.180 Removal of signs.
A. Abandoned signs shall be removed by the owner or lessee of the premises upon which the
sign is located within 60 days after the business or service advertised by the sign is no longer
conducted on the premises.
B. The director may order the removal of any sign erected, installed or allowed to remain in
violation of this chapter. He or she shall give at least 30 days' notice in writing, to the owner of
such sign, or of the building, structure or premises on which such sign is located, to remove the
sign or to bring it into compliance with this chapter. The director may order removal of the sign at
the expense of the owner of the premises if compliance with the written order is not obtained.
Notice to the owner shall be deemed to be given as of the date of deposit in the United States mail
addressed to the address on record that date at the office of the Jefferson County assessor.
Exception: In the case of temporary signs, banner signs, portable signs or streamers, only five
days' notice need be given.
C. The director may cause any sign which is erected or displayed in violation of this chapter
to be summarily removed without notice and at the expense of the owner of the sign and/or
premises if:
1. The condition or placement of the sign presents in the opinion of the director an
immediate threat to the safety of the public; or
2. The sign is placed in the public right-of-way or upon city property or attached to a
utility pole, tree or traffic sign in violation of this chapter.
17.76.190 Nonconforming signs.
A. Nonconforming signs shall be removed or brought into compliance with this chapter no
later than the expiration of the amortization period of each such sign, determined as follows:
1. For signs made nonconforming by passage of Ordinance 2039, July 31, 1997;
2. For signs made nonconforming by the passage of the ordinance codified in this
chapter, July 31,1997;
3. F or signs made nonconforming by passage of any subsequent ordinance, six years after
the effective date of said ordinance.
B. Exception Pertaining to Certain Flashing, Blinking or Revolving Signs. Insofar as any sign
or parts thereof flash, blink, move, or revolve in a manner prohibited by PTMC 17.76.090, such
nonconformity shall be terminated no later than 30 days after the effective date of the ordinance
codified in this section. Otherwise, such other nonconforming conditions of such sign are subject
to the provisions of this section pertaining to nonconforming signs.
C. Exception Pertaining to Portable Signs, Banner Signs and Streamers. All nonconforming
portable signs, banner signs and streamers shall be removed within 90 days ofthe effective date of
the ordinance codified in this section.
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D. Incentive for Early Compliance. Whenever a nonconforming, permanent roof-mounted or
pole sign is voluntarily removed or otherwise brought into compliance with this chapter at least
one year earlier than required by this section, the business advertised by such sign shall be entitled
to a sign area bonus equal to 10 square feet of sign area for each year prior to the expiration of
the amortization period of the subject sign. Such bonus shall be in addition to the sign area
otherwise permitted by the provisions of this chapter, and shall remain in effect for a period of 10
years or until the business ceases to operate, whichever occurs first.
E. Loss of Nonconforming Status.
1. A nonconforming sign shall immediately lose its legal, nonconforming status if:
a. The sign is altered in any way in structure, color or copy, except for readerboard
signs; or,
b. The sign is damaged in excess of 50 percent of the original cost ofthe sign; or,
c. The sign is relocated; or,
d. The sign is replaced.
2. On the occurrence of any of the events described in subsection E.l of this section, the
sign shall be immediately brought into compliance with this chapter with a new permit secured
therefor, or shall be removed; provided, however, that the director may authorize specific
alterations of such nonconforming signs if s/he finds that:
a. The end of the nonconforming sign's amortization period is more than two years away;
and,
b. The total amount of aggregate noncompliance of the sign area of the existing signs on
the premises is reduced at least 50 percent by the proposed alterations; and,
c. The alteration shall not affect the original amortization period for the nonconforming
Sign.
F. Notice of Nonconforming Signs. The director shall endeavor to give notice ofthe legal
nonconformance and amortization periods set forth in this section to the owners of signs required
to be removed. Such notice should be given to the owners of the signs as shown by city records
within 60 days of the effective date of the ordinance codified in this section or of the ordinance
which renders the signs nonconforming, whichever occurs later. Only one such notice need be
given. Failure of the director to give the notice specified in this section, or failure of the sign
owner to receive any such notice shall not limit or affect the city's power to enforce this chapter,
or in any way reduce the ability of the city to require removal of the nonconforming signs as
provided by law.
G. Administrative Appeal. The owner of a nonconforming sign may appeal to the director to
request an extended period of use of such sign beyond the amortization period determined by this
section. Any such appeal must be made to the director upon forms provided by the city and must
be accompanied by an appeal filing fee in the amount of$100.00. The director shall require that
the appellant provide as part of his/her appeal a general description of the sign, its dimensions and
physical position; evidence sufficient to establish the date and cost of the sign as originally
constructed and installed; the amount of depreciation claimed and the depreciation schedule used
for such sign as reflected by Internal Revenue Service schedules for prior years; the estimated cost
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of relocation or alteration of such sign, where applicable; together with any other information or
documents specified by the director which are reasonably necessary to assist the city in making a
determination on the appeal. The director shall consider the statements and documentary evidence
contained in the application and any supplementary information which s/he may reasonably
require. In addition, slhe shall inspect the subject sign to determine its general condition, state of
repair, and the extent to which the sign does not conform to the requirements and linútations of
the ordinance codified in this section. In making his/her determination, the director shall consider
the unrecoverable cost invested in the sign, the estimated remaining life of the sign and the degree
of nonconformity. The director shall prepare and make available for public inspection the specific
method slhe intends to use in processing such appeals. All determinations of appeals made
pursuant to this section shall be made in writing with specific findings of fact and conclusions in
support of the decision. All such determinations of the director are subject to appeal as provided
by Chapter 20.01 PTMC.
17.76.200 Liability.
This chapter shall not be constituted to relieve from or lessen the responsibility of any person
owning, building, altering, constructing, or removing or moving any sign in the city for damages
to anyone injured or damaged either in person or property by any defect or action in this chapter,
nor shall the city or any agent thereof, be held as assuming such liability by reason of permit or
inspection authorized in this chapter or a certificate of inspection issued by the city or any of its
agents.
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Chapter 17.78
WIRELESS TELECOMMUNICATIONS FACILITIES - DEVELOPMENT STANDARDS
[CHAPTER RESERVED]
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Chapter 17.80
DESIGN REVIEW - NATIONAL REGISTER HISTORIC DISTRICT
Sections:
17.80.010 Purpose and intent.
17.80.020 Scope.
17.80.030 Design review - Required.
17.80.040 Exemptions.
17.80.050 Design review - Not binding on applicant.
17.80.060 Preapplication review - Optional.
17.80.070 Design review - Application.
17.80.080 Design review - Process.
17.80.090 Design review - Standards.
17.80.100 Certificate of review.
17.80.110 Effect of review on other approvals.
17.80.120 Port Townsend Historic District - Pivotal, primary and secondary buildings.
17.80.010 Purpose and intent.
The city council finds and declares as a matter of public policy that it is the intent of this chapter
to:
A. Preserve, protect, enhance and perpetuate those structures, buildings and improvements
which reflect significant elements ofthe city's cultural, artistic, social, and economic, political,
architectural, engineering, historic or other heritage;
B. Foster civic pride in the beauty and accomplishments ofthe past;
C. Promote the use and perpetuation of significant structures within the district for the
education, stimulation and welfare of the people of the city;
D. Develop and maintain appropriate settings and environments for structures within said
district;
E. Preserve and encourage a city of harmonious architectural styles, reflecting the distinct
phases of its history;
F. Foster knowledge ofthe living heritage of the past;
G. Promote and protect the public health, safety and general welfare of the citizens of the
city, including orderly development and coordination of municipal growth and services;
H. Minimize visual blight and avoid inappropriate and poor quality of design;
I. Promote and encourage continued private ownership and use of buildings and other
structures to further the objectives of this chapter.
17.80.020 Scope.
This chapter shan establish a mandatory design review for an developments within the historic
district which are also:
A. Within the C-III, P/OS(A), P/OS(B) or P-I zoning districts; or,
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B. On property subject to a conditional use permit. The results of such review shall be
advisory only and shall not be binding upon the applicant.
17.80.030 Design review - Required.
A. Municipal Improvements. City officials charged with design responsibility for any
municipal improvement, structure or sign within the historic district shall hold preliminary
discussions on the proposed project with the HPC to obtain its preliminary recommendations with
respect to environmental, historic, architectural, aesthetic and design considerations ofthe project.
The HPC shall review substantial municipal improvements at the completion of the design
development phase and construction document phase, or at any other time it deems necessary to
further the purposes of this chapter. Any significant deviations from a plan approved by the HPC
shall be resubmitted to the HPC for its further review and recommendation. The HPC's
recommendations on municipal improvements shall not be binding upon the city, but shall be
given considerable weight in the decisions of city officials and the city council. The meaning of
"substantial municipal improvements" and "significant deviations" shall be determined by a
memorandum of agreement between the HPC and the mayor.
B. Requirement. No person shall begin or substantially change any development subject to
review under this chapter without first obtaining design review by the HPC and obtaining a
certificate of review or in the case of demolition, a waiver, as a result of review.
C. Permits. No city permit or approval shall be issued for any development for projects
requiring HPC review without first obtaining design review by the HPC and obtaining a certificate
of review or in the case of demolition, a waiver, as a result of review.
D. Demolition. No demolition of any building or structure subject to review under this
chapter shall begin without first obtaining design review by the HPC of the proposed replacement
development and obtaining a certificate of review. In the event the applicant has not determined a
replacement development, the HPC may, after reviewing the effects of the demolition, issue a
waiver of design review prior to demolition if it finds that the proposed demolition prior to design
review would not be detrimental to the purposes of this chapter. In the event of a finding by the
city of an unsafe condition, an abatement order may be issued by the city without compliance with
this ,subsection, provided that all reasonable efforts have first been made to preserve and correct
unsafe conditions rather than damage or demolish valuable buildings, structures or objects.
17.80.040 Exemptions.
The following activities do not require a certificate of review or review by the HPC: ordinary
repair or maintenance; emergency repairs; interior remodeling or interior decoration.
17.80.050 Design review - Not binding on applicant.
A. The recommendations of the HPC set forth in a certificate of review shall be advisory only
and shall not be binding on the applicant or any other person; provided, however, that the
applicant may at his/her option agree to certain binding conditions contained therein in the course
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of approval of a variance, conditional use permit, environmental detennination, reduction of
off-street parking requirements or other city approval related to the development.
B. Nothing in this section shall, however, be construed to limit the substantive authority of
the city pursuant to the State Environmental Policy Act (Chapter 43.21C RCW).
17.80.060 Preapplication review - Optional.
Prior to submitting an application for design review and/or building permit, any person
proposing a development which is subject to review under this chapter may submit the plans
required in PTMC 17.80.070 in preliminary or sketch form so that the comments and advice of
the HPC may be incorporated into the plans submitted for application. Such preapplication
consultations are encouraged to assist project proponents to achieve the best possible
development and to facilitate timely review of the proposal whenever an application is made on
the project.
17.80.070 Design review - Application.
A. Applications for design review shall be submitted to the HPC at the building and
community development department and shall consist of a completed application on a form
prescribed by the HPC, accompanied by a site plan showing the location of the building or
buildings, parking, exterior lighting, signs and landscaping; exterior elevations of the front and
side with a description of the type and finished color of exterior siding, windows and roofing to be
used; detailed drawings of architectural features, signs and trim; and historic and "as is"
photographs of the subject building or site and adjacent structures. All diagrams shall be drawn to
scale. The HPC may request additional infonnation necessary for their review and
recommendation.
B. Applicants for a conditional use permit pursuant to Chapter 17.84 PTMC or variance
pursuant to Chapter 17.86 PTMC, or an environmental determination pursuant to Title 19 PTMC,
shall submit their plans for review and recommendation to the HPC at least 30 days prior to the
first hearing scheduled on the proposed development.
17.80.080 Design review - Process.
A. Upon receipt of a completed application for review, the building official shall notifY the
HPC and forward the application to its members.
B. The HPC shan set a public meeting time and place as soon as possible to review the
application according to the design review standards established pursuant to PTMC 17.80.090.
The HPC shall request the applicant, and any design professionals assisting the applicant, to
attend the meeting. If the applicant, or the applicant's representative responsible for project
design, fails to attend the meeting, an alternate meeting shall be scheduled by the HPC within 30
days of the initial meeting; provided, that in such event, the 30-day review period, prescribed in
subsection E of this section, shall not commence from the date of the application but shall instead
commence on the date to which the meeting on the subject application is continued. Failure of the
applicant, or the applicant's representative responsible for project design, to attend either the
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initial or continued meeting set for review of the application shall constitute a failure of the
application requirements and no permits shall be granted by the city on the project unless and until
the applicant has reapplied for review and obtained a certificate of review pursuant to this chapter.
C. The HPC may schedule additional meetings as it may find necessary and desirable to
complete its review. The HPC may, in the execution of its review, assign any portion of the
review of any application to any member or committee of the HPC; provided, that final action to
issue a certificate of review shall be made by a majority vote of the quorum present.
D. Upon receipt of an application for a permit for development subject to review under this
chapter, the building official shall:
1. Inform the applicant of the review requirements;
2. Report receipt of the application to the HPC;
3. Assist the HPC in considering building, zoning, shoreline, sign and fire code
requirements which may apply to the proposed development; and,
4. ShaH not issue any such permit until a certificate of review has been obtained.
£. Unless an extension is authorized by the applicant, the HPC shall complete its review
within 30 days of receipt ofa complete application. In the event the HPC fails to issue a certificate
of review within such period, a certificate of review shall be deemed to have been issued without
recommendation as if the HPC had so acted.
17.80.090 Design review - Standards.
A. In its review of proposals which are subject to this chapter, the HPC shall be guided by the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings (revised, 1983), including but not necessarily limited to the following standards for
rehabilitation set forth therein:
1. Every reasonable effort shall be made to provide a compatible use for a property which
requires minimal alteration of the building, structure or site and its environment, or to use a
property for its originally intended use.
2. The distinguishing original qualities or character of a building, structure or site and its
environment shall not be destroyed. The removal or alteration of any historic material or
distinctive architectural features should be avoided when possible.
3. All buildings, structures and sites shall be recognized as products of their own time.
Alterations that have no historic basis and which seek to create an earlier appearance shall be
discouraged.
4. Changes which may have taken place in the course of time are evidence of the history
and development of a building. These changes may have acquired significance in their own right,
and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a
building, structure or site shall be treated with sensitivity.
6. Distinctive architectural features shaH be repaired rather than replaced, wherever
possible. In the event replacement is necessary, the new material should match the material being
replaced in composition, design, color, texture and other visual qualities. Repair or replacement of
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missing architectural features should be based on accurate duplications of features, substantiated
by historic, physical or pictorial evidence rather than on conjectural designs or the availability of
different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic building materials
shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources
affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be
discouraged when such alterations and additions do not destroy significant historical, architectural
or cultural material, and such design is compatible with the size, scale, color, material, and
character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a
manner that if such additions or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
B. In addition, for proposals in the downtown, the HPC shall consult the guidelines provided
in Water Street Historic District: A Field Report of the National Trust for Historic Preservation,
reprinted in 1977.
C. The HPC may also from time to time adopt by rule additional or modified standards and
guidelines as authorized by PTMC 2.72.060A.4, as provided in this chapter.
17.80.100 Certificate of review.
Whenever the HPC has completed its review, it shall issue a certificate of review on a form
prescribed by the HPc. The certificate of review shall include, but not necessarily be limited to,
the following information: The name of the applicant, the date the certificate is issued, the
location of the proposed development, a brief narrative description of the development, specific
reference to any and all plans submitted by the applicant, whether or not the HPC finds the
proposed development to be contributing to the historic district, and any and all specific design
recommendations made by the HPC on the application.
17.80.110 Effect of review on other approvals.
A. Issuance of a certificate of review by the HPC does not constitute or imply approval of
any other permit or approval which may be required for the development.
B. No provision of this chapter shall be interpreted as limiting the authority of the hearings
body or decision-making body to impose conditions as authorized elsewhere in this title, or
pursuant to PTMC Title 19, Environmental Protection.
C. Properties subject to review pursuant to this chapter shall be subject to the provisions set
forth in this chapter, as well as the bulk, use, setback and other provisions of the zoning district in
which they are located. Nothing contained in this chapter shall be construed to repeal, modify or
waive any applicable provisions of state or local laws, rules, regulations or ordinances.
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D. Neither the HPC nor its committees are delegated any executive or legislative power,
authority or responsibility.
17.80.120 Port Townsend Historic District - Pivotal, primary and secondary buildings.
A. The following buildings are identified as pivotal, primary or secondary (see subsection (B),
below for definitions) on the map which accompanied the certification ofthe Port Townsend
Historic District on May 17, 1976:
Building Name
Kuhn Building
Pioneer Building
Capt. Tibbals Building
Old Lytle Building (western 1/3 only)
Light House Cafe Building (L H Cafe only)
James and Hastings Building
Water Street Deli Building
Alley Building (922 Water St.)
Sterming Block/Lido Restaurant
Zee Tai Building
Mt. Baker Block
Admiralty Apartments Building
McCurdy Building
Hastings Building
Eisenbeis Building (Olympic Hardware)
Cracker Factory Building
Bartlett Building
Siedenbaum Building
Kinney's Closet Building
First National Bank Building (810 Water Street)
C. F. Clapp Building
Waterman and Katz Building (3-story section)
Waterman and Katz Building (I-story addition)
Alaska Power and Telephone Building
N. D. Hill Building
Franklin House
Fred Lewis Building
Elevated Ice Cream Building
Port Townsend Police Station
Port Townsend City Hall
Public Defender's Building
Terry Building
Classification
Primary
Primary
Primary
Secondary
Primary
Primary
Secondary
Secondary
Primary
Secondary
Primary
Secondary
Primary
Pivotal
Primary
Primary
Primary
Primary
Secondary
Primary
Primary
Primary
Secondary
Primary
Primary
Primary
Primary
Secondary
Secondary
Primary
Secondary
Primary
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Washington Street Cafe Building
Washington Street Garage
Bishop Block
Eagles Hall
Miller and Burkett Block (Elks Lodge)
First American National Bank Building
Showhouse Building
227 Taylor Street Building
The Duplex Building (632 Water)
Athletic Club Building
Fowler Building (Leader)
Union Wharf (Wharf only)
Union Wharf (Building)
Marine Park Building
Aldrich's Building
Sunshine Cafe to Co-op Complex
Fibrearts Building
Printery Building
Warm Windows Building
Jack and Jill Building
Odd Fellows Hall (Theater)
Puffin Shoe Repair Building
Secondary
Secondary
Primary
Secondary
Primary
Secondary
Secondary
Secondary
Secondary
Secondary
Primary
Primary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
B. The National Register of Historic Places used the following definitions of these three
classes in the designation of the Port Townsend Historic District:
1. Pivotal: Buildings which were the landmarks of the district, hallmarks of architectural
or historical distinction; on their own merits, these buildings are eligible for National Register
Listing.
2. Primary: Buildings which have strong architectural or historical qualities and which
maintain good integrity but which may not be individually eligible for National Register listing.
3 - Secondary: Buildings which have moderate historical or architectural qualities and
which have maintained good (but not perfect) integrity-
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Chapter 17.84
CONDITIONAL USES
17.84.010 Purpose.
17.84.020 Scope.
17.84.030 Application submittal and contents.
17.84.040 Permit review process.
17.84.050 Approval criteria.
17.84.060 Additional approval criteria - Conditional uses in historic commercial structures.
17.84.070 Additional conditions.
17.84.080 Use of property before final decision.
17.84.090 Conditional use permits - Effective period.
17.84.100 Extension of time.
17.84.110 Modification of conditional use permit.
17.84.120 Conditional use permit to run with the land.
17.84.130 Assurance device.
17.84.140 Permit suspension or revocation.
17.84.010 Purpose.
The purpose of the conditional use permit process is to provide flexibility in the city's land use
regulations in order to accommodate uses which may be appropriate in an established zone under
certain circumstances, but inappropriate in the same zone under others. At the time of
application, a review of the location, design, configuration, and potential impact of the proposed
use shall be conducted by comparing the use to the goals and policies established in the Port
Townsend Comprehensive Plan and to adopted development standards. This review shaH
determine whether the proposed use should be permitted by weighing the public need or the
benefit to be derived from the use, against the impact which it may cause.
17.84.020 Scope.
This chapter shaH apply to each application for a conditional use permit. Only those uses
indicated by a "C" or an "II" opposite the use in the tables contained in the sections listed below
will be considered for a conditional use permit: Section 17.16.020 PTMC; Section 17.18.020
PTMC; Section 17.20.020 PTMC; Section 17.22.020 PTMC; and Section 17.24.020 PTMc.
17.84.030 Application submittal and contents.
A. The director of the building and conll11Llnity development depcu Lment shaH specify' the
submittal rc.quirements, induding type, detail aí1d numbcr of copies, for a conditionai use permlt
application to be deemed con1plete and accepted for filing. The application for a conditional use
permit shall be submitted to BCD on forms Drovi~~4 bv the department. along with the
appropriate fees established by Chapter 20,09 PTMC. The application shaH induct\( a.ll materials
required pursuant to Section 20.01.100 PTMÇ"
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B. The director of the building and community development department may waive specific
submittal requirements determined to be unnecessary for review of an application.
17.84.040 Permit review process.
A. Except as specified in subsection (B) of this section, applications for conditional uses shall
be processed according to the procedures for Type III land use decisions established in Chapter
20.01 PTMC, Administration of Land Development Regulations.
B. Applications for minor conditional uses (i.e., a conditional use which is to be established
entirely within an existing building) shall be processed according to the procedures for Type II
land use decisions established in Chapter 20.01 PTMC, Administration of Land Development
Regulations.
17.84.050 Approval criteria.
The city may approve or approve with modifications an application for a conditional use permit if
the following criteria are satisfied:
A. The conditional use is harmonious and appropriate in design, character and appearance
with the existing or intended character and quality of development in the immediate vicinity of the
subject property and with the physical characteristics of the subject property; and,
B. The conditional use will be served by adequate public facilities including streets, fire
protection, water, sanitary sewer, and storm water control; and,
C. The conditional use will not be materially detrimental to uses or property in the immediate
vicinity of the subject parcel; and,
D. The conditional use has merit and value for the community as a whole; and,
E. The conditional use is consistent with the goals and purposes policies of the Port
Townsend Comprehensive Plan; and,
F. ThG Gonditional USG complies with the requirements of this title for the land use district in
which it would be locatGd; and,
6 E. The conditional use complies with all other applicable criteria and standards of the
Port Townsend Municipal Code.
G.. That the public interest suffers no substantial detrimental effect. Consideration shall be
given to the cumulative impact of similar actions in the area.
17.84.060 Additional approval criteria - Conditional uses in historic commercial structures.
Those uses indicated by an "If' under the column for the C-III zoning district in Section
17.20.020 PTMC may be permitted as conditional uses provided that in addition to the standards
and criteria governing conditional use permits set forth in Section 17.84.050 PTMC, the following
criteria shall also be met:
A. The proposed use is to be established within a building which is:
1. Individually listed on the National Register of Historic Places; or,
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2. Identified as either a pivotal, primary or secondary building on the map which
accompanied the certification of the Port Townsend Historic District on May 17, 1976, the names
of which buildings are listed in PTMC 17.80.120; or,
3. Has been certified by the Secretary of the Interior to be contributing structure to the
Port Townsend Historic District; provided, that if the building has been significantly altered since
so listed, identified or certified, the city may require that the building be recertified by the
Secretary of the Interior before granting a conditional use permit pursuant to this chapter; and,
B. The use shall not require significant alteration of the architecturally or historically
significant features of the structure; and,
C. The proposed use will not occupy street level space which is better suited for retail sales
or services; and,
D. The design of the structure makes uses permitted in the C-III district impractical in the
structure, or the permitted uses do not provide sufficient financial return to make use of the
structure feasible.
17.84.070 Additional conditions.
The city may impose additional conditions on a particular use if it is deemed necessary for the
protection of the surrounding properties, the neighborhood, or the general welfare of the public.
The conditions may:
A. Increase requirements in the standards, criteria or policies established by this title.
B. Stipulate an exact location as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic.
C. Require structural features or equipment essential to serve the same purposes as set forth
in subsection (B) above.
D. Impose conditions similar to those set forth in subsections (B) and (C) above, as deemed
necessary to establish parity with uses permitted in the same zone with respect to avoiding
nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic,
physical hazards and similar matters.
17.84.080 Use of property before final decision.
No business license or building permit shall be issued for any use involved in an application for
approval for a conditional use permit until the permit application becomes effective has been
appmvcd pursuant to Chapter 20.01 PTMc.
17.84.090 Conditional use permits - Effective period.
A. A decision granting a conditional use permit does not .shall become effective until the
expiratiol'~ of five days fi "m ~ the date of such decision., ulùess it is found that an immediate
effective date is necessai) fúr the preservation of propettý or personal rights.
B. A conditional use permit automatically expires and is void ifthe applicant fails to file for a
building permit or other necessary development permit within three years of the effective date of
the conditional use permit unless:
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1. The applicant has received an extension of time for the conditional use permit subject
to Section 17.84.100 PTMC; or,
2. The conditional use permit approval provides for a greater time period.
17.84.100 Extension of time.
A. The director of the building and community development department may extend a
conditional use permit, not to exceed one year, if:
I. Unforeseen circumstances or conditions necessitate the extension of the permit; and,
2. Termination of the permit would result in unreasonable hardship to the applicant, and
the applicant is not responsible for the delay; and,
3. An extension of the permit will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property.
B. The director of the building and community development department may grant no more
than two extensions. A second extension may be granted only if:
1. The criteria listed in subsection (A) are met; and,
2. The applicant has demonstrated reasonable diligence in attempting to meet the time
limit imposed; and,
3. Conditions in the immediate vicinity of the subject property have not changed
substantially since the conditional use permit was first approved.
17.84.110 Modification of conditional use permit.
The city may initiate a modification to an approved conditional use permit. A modification will be
processed as a Type II land use decision pursuant to Chapter 20.0 I PTMC, Administration of
Land Development Regulations. Through the modification procedure, the city may delete, modify
or impose additional conditions upon finding that the use for which the approval was granted has
been intensified, changed or modified by the property owner or by person( s) who control the
property without approval so as to significantly impact surrounding land uses.
17.84.120 Conditional use permit to run with the land.
A conditional use permit granted pursuant to the provisions of this chapter shall continue to be
valid upon a change of ownership of the site, business, service, use or structure which was the
subject of the permit application. No other use is allowed without approval of an additional
conditional use permit.
17.84.130 Assurance device.
In appropriate circumstances, the ~ director of the building and conlnmnity development
depal Linent may require a reasonable performance of maintenance assurance device, in a form
acceptable to the city attorney, to assure compliance with the provisions of this title and the
conditional use permit as approved.
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17.84.140 Permit suspension or revocation.
The city may suspend or revoke an approved conditional use permit pursuant to Chapter 20.10
PTMC only upon finding that:
A. The use for which the approval was granted has been abandoned for a period of at least
one year; or,
B. Approval of the permit was obtained by misrepresentation of material fact; or,
C. The permit is being exercised contrary to the terms of approva1.
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Chapter 17.86
VARIANCES
Sections:
17.86.010 Purpose.
17.86.020 Scope.
17.86.030 Application submittal and contents.
17.86.040 Permit review process.
17.86.050 Approval criteria.
17.86.060 Alternative approval criteria - Restoration of historic structures.
17.86.070 Additional conditions. .
17.86.080 Limitation on authority.
17.86.090 Variances - Effective period.
17.86.100 Extension of time.
17.86.110 Assurance device.
17.86.010 Purpose.
To provide a mechanism whereby the city may grant relief from the provisions of this title where
practical difficultly renders compliance with the provisions of this title an unnecessary hardship,
where the hardship is a result of the physical characteristics of the subject property and where the
purpose of this title and of the Port Townsend Comprehensive Plan can be fulfilled.
17.86.020 Scope.
This chapter shall apply to each application for a variance ITom the provisions of this title.
17.86.030 Application submittal and contents.
A. The director of the building and community development departrnent shall specify the
submittal requirements, including tjpc.,udetail and nunlber of copies, -for a variance application to
be deemed complete and accepted for filing. The application for a variance shall be submitted to
BCD on forms provided bv the deoartment. along, with the aoorooriate fees established bv
Chapter 20.09 PTMC. The application shall jt1clude all materials required pursuant to Section
20.01.100 PTMC.
R The director of the. building and comnmnit y development depaltment may waive specific
submittal requirements determined to be unnecessary for review of an application.
17.84.040 Permit review process.
A. Except as specified in subsection (B) of this section, variance applications shall be
processed according to the procedures for Type III land use decisions established in Chapter
20.01 PTMC, Administration of Land Development Regulations.
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B. Applications for minor variances as defined in Chapter 17.08 PTMC shall be processed
according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC,
Administration of Land Development Regulations.
17.86.050 Approval criteria.
The decision-maker may approve or approve with modifications an application for a variance
from the provisions of this title if:
A. The variance will not constitute a grant of special privilege inconsistent with the limitation
upon uses of other properties in the vicinity and zoning district in which the subject property is
located; and,
B. The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings ofthe subject property, to provide it with use rights and
privileges pennitted to other properties in the vicinity and in the zoning district in which the
subject property is located; and,
C. The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zoning district in which the subject
property is located; and,
D. The special circumstances of the subject property make the strict enforcement of the
provisions of this title an unnecessary hardship to the property owner; and,
E. The special circumstances of the subject property are not the result of the actions of the
applicant; and,
F. The variance is the minimum necessary to fulfill the purpose and the need of the applicant;
and,
G. The variance is consistent with the purposes and intent of this title; and,
H. The variance is consistent with the goals and policies of the Port Townsend
Comprehensive Plan; and,
I. The fact that property may be utilized more profitably will not be an element of
consideration before the decision maker.
17.86.060 Alternative approval criteria - Restoration of historic structures.
In the case of a variance requested for the restoration of a historic building designated as pivotal,
primary or secondary within the city, and in lieu of the approval criteria required under Section
17.86.050 PTMC, the decision maker shall have the authority to grant the variance if a finding is
made and it is concluded that the restoration relates to and is reasonably necessary to permit the
addition or restoration of a previous condition of historical significance to the building, and that
granting of the variance will not be materially detrimental to the public welfare nor injurious to the
property or improvements in the vicinity and zoning district in which the subject property is
situated.
17.86.070 Additional conditions.
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In granting any variance, the decision maker may prescribe appropriate conditions and safeguards
that will ensure that the purpose and intent of this title will not be violated.
17.86.080 Limitation on authority.
The decision maker shall not grant a variance to:
A. The provisions of this title establishing allowed, conditional, and prohibited uses within the
various zoning districts (i.e., Sections 17.16.020; 17.18.020; 17.20.020; 17.22.020; and 17.24.020
PTMC); or,
B. The provisions of Title 20 PTMC, or any other procedural or administrative provision of
the Port Townsend Municipal Code; or,
C. Any provisions of this title which, by the explicit terms of the applicable chapter, are not
subject to a variance.
17.86.090 Variances - Effective period.
A. A decision granting a variance does not become effective until the expiration offive days
ITom the date of such decision, unless it is found that an immediate effective date is necessary for
the preservation of property or personal rights.
B. A variance automatically expires and is void if the applicant fails to file for a building
pennit or other necessary development permit within three years of the effective date of the
variance unless:
1. The applicant has received an extension for the variance pursuant to Section 17.86.100
PTMC; or,
2. The variance approval provides for a greater time period.
17.86.100 Extension of time.
A. The director of the building and community development department may extend a
variance, not to exceed one year, if:
1. Unforeseen circumstances or conditions necessitate the extension of the variance; and,
2. Termination of the variance would result in unreasonable hardship to the applicant,
and the applicant is not responsible for the delay; and,
3. An extension of the variance will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property.
B. The director ofthe building and community development department may grant no more
than two extensions. A second extension may be granted only if:
1. The criteria listed in subsection (A) are met; and,
2. The applicant has demonstrated reasonable diligence in attempting to meet the time
limit imposed; and,
3. Conditions in the immediate vicinity of the subject property have not changed
substantially since the variance was first approved.
17.86.110 Assurance device.
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In appropriate circumstances, the director of the building and community development
department may require a reasonable performance of maintenance assurance device, in a form
acceptable to the city attorney, to assure compliance with the provisions of this title and the
variance as approved.
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Chapter 17.88
NONCONFORMING LOTS, STRUCTURES AND USES
Sections:
17.88.010 Purpose.
17.88.020 Nonconforming lots - Consolidation.
17.88.030 Nonconforming structures.
17.88.040 Nonconforming uses.
17.88.050 Building permits and certificates of occupancy prohibited.
17.88.060 Removal ofiUegal nonconforming structures and uses.
17.88.010 Purpose.
These provisions provide for the consolidation of nonconforming lots of record in common
ownership, and the orderly termination of nonconforming structures and uses to promote the
public health, safety, and general welfare, and to bring these structures and uses into conformity
with the goals and policies of the Port Townsend Comprehensive Plan. This chapter is intended
to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to
establish criteria under which such structures and uses may be continued or possibly expanded,
and to provide for the correction or removal of such nonconformities in an equitable, reasonable
and timely manner. Nonconforming lots are legally buildable only if in conformance with the
provisions of this chapter. Nonconforming structures and uses shall be eliminated as rapidly as
possible without infiinging upon the constitutional rights of property owners.
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. Where two or more adjacent contiguous nonconforming lots of record are under one
ownership, they are considered to be consolidated and may not be sold or otherwise separated so
as to create any resulting nonconforming lots; provided, howev~r. transfers, sales and
conveyances of lots for the purpose of&cQuisition ofpropet1y to preserve environmentally
~~nsitive areas, and property purchasl¡(s by the city sh~ll be exempt from this section. This
~ubsection A shall be inapplicable to all transactions for the sale or conveyance of nonconforming
lots where the parties h&ye executed a re~l e.state purchase an.d sale agreement, real estate
contract or other legally valid transaction dQc\lment on or before April 11, 1997.
B. 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.
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C. All ~ structures or additions to structure~ 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.
D. A lot line adjustment or restrictive covenant approved by the city shall be required prior to
issuance of a buildiui permit when a nonconforming and conforming lot are adjacent contiguous
and owned by the same person.
E. Where two or more adjacent 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.
F. Notwithstanding this section, for any lots created by platting prior to l2.li (the effective
date ofthe State Subdivision Act, RCW 58.17}, and TitlG 18 PTMC, the city may require
compliance with RCW 58.17 and Title 18 PTMC prior to issuing building permits for the
development oflots in common ownership. The applicant shall comply with the requirements of
Chapter 18.18 PTMC, Subdivision and Recognition of Lots of Record.
17.88.030 Nonconforming structures.
A structure that lawfuUy existed prior to the effective date of this title and does not meÿt the
applicable bulk, qimensional 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 nonconfonning 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 structures, including multi-family structures,
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 m~ be repaired and maint~ined as prQvided in and
as limited by this section. The O1aintenanc~ of such building or structure shall include only
necessary repair$ and incidÿptal alterations, which alterations, however, shC\U not extend the
nonconformity of such bt¡ilding or structure, provided that nÿcessary alterations may be made as
rC<Quired by other law or ordinance,
Rea5onabk repairs and alteraLÍons may be. made to Ilonc:onfornùng commercial, mixed use, and
marine-related or manufactur~ng stl ùGtures, provided that no structural alterations are made that
would prolong the life of the Suppoll~ng members of a stl\u..ture, such as bearing walls, columns,
beams, or girden;. St¡\ichJral dements may be modified or repaired only if the building official
determines that such modification or repair is inm1Gdiately necessalj' to protect the hc.alth and
safety ofthe public or occupants of the nonGolûorming stul..;.turc, or adjacmt property and the
(,ost does not e;;,.-cccd one-half of the replacell1ent cost linùtations, provided that such rc.trn£tting
is strictly limited to cotupliancc. with eal thquake safety standards.
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D. Changes to interior partitions or other non structural improvements and repairs may be
made to a nonconforming commercial, mixed use, and marine-related or manufacturing structures,
provided that the cost of the desired improvement or repair does not exceed one-half of the
replacement cost ofthe 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. AllY additional development of A pared with a nonconforming stJùc;ture will require that
all new st. Llctures be in conrofnumce with the provisiotls of this title.
C. If the. use of a nonconforming stlllGture is discontinued for a ¡x.riod of s~x or more
consecutive caIGndar nlonths, the st. Llcture. shall lose. its nonconforming status, and shall be
renloved or altucd to conform to the provisions of this title. A use of a nol1confoul1ing stJucture
shall be cot1sidaed discontinued when any of the following apply:
1. Where. charaete.'kstic fì.1fnishings and e,-!uipment Assodated with the. use hAVe. been
fGlUove.d and not replaced with equivalent fì.1mishings and ~quipment during this time, and where
ilormal occupancy or use has been discontinue.d for a p,riod of six or 1110r' consccuti V(. calendar
months; or,
2. Where there are not business receipts available for the six month period.
£. A building or structure, nonconforming as to height or density regulatiQns, may be added
to or en1ar~ed if such addition or enlaq:ement conforms to the regulations of the district in which
it is located. In such case, such adc;lition or ~n]argement shall be treated as a separate blÚlding or
structure in c{eterminiJ1.i conformity to &11 of the requirements of this title.
.G:.. HistQric structures. [RESERVED]
17.88.040 Nonconforming uses.
A nonconforming use is one that lawfully existed prior to the effective date of this title, but which
is no longer permitted in the zoning district in which it is located. The continuance of a
nonconforming use is subject to the following provisions:
A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its
nonconforming status, provided that the use and intensity ofthe use. does not change or intensity.
B. If a nonconforming use is discontinued for a period of six 365 or more consecutive
calendar ~ months, it shall lose its nonconforming status, and the continued use of the property
shall be required to conform with the provisions of this title.
C. Additional development of any property on which a nonconforming use exists shall require
that all new uses conform to the provisions of this title.
D. If a nonconforming use is converted to a conforming use, no nonconforming use may be
resumed.
E. No nonconforming use may be replaced by another nonconforming use, nor may any
nonconforming use be expanded, intensified, or changed in any way.
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17.88.050 Building permits and certificates of occupancy prohibited.
A. Nonconforming structure. When any nonconforming structure or-me is no longer
permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter to ~
issued for further continuance, alteration, or expansion. Any permit issued in error shall not be
construed as allowing the continuation of the nonconforming structure or-me.
B.. Nonconfol1.11il1i uses, When any nonconforming use is no lon"er permitt~d pursuant to
the provisions ofthi~ chapter, no permit for a use sJIall thereafter be issued for furtþer
continuance, alteration or expansion. Any permit issued in error shall not be coT\strued as
allowiJ1.i the continuance Of the nonconforming use.
17.88.060 Removal of illegal nonconforming structures and uses.
Nothing contained in this chapter shall be construed to allow for the continuation of illegal
structures and uses. Illegal structures and uses shall be removed immediately subject to the
provisions of Chapter 20.10 PTMC, Land Use Adnúnistration and Enforcement.
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Chapter 17.90
RULES OF CONSTRUCTION AND INTERPRETATION OF CODE
Sections:
17.90.010 Authority.
17.90.020 Classification of uses.
17.90.030 Rules of construction.
17.90.040 Minimum requirements.
17.90.0.5.0 Interpretations -- Chapter 20.02 PTMc.
17.90.010 Authority.
The director of the building and community development department shall review and resolve any
questions involving the proper interpretation or application of the provisions of this title that may
be requested by any property owner, tenant, government officer, department, board, council, or
commission affected. The director's decision shall be consistent with the spirit and intent of this
title and the Port Townsend Comprehensive Plan.
17.90.020 Classification of use.
Recognizing that uses may be encountered which are not specifically defined and classified in this
title, because of societal, technological, or other changes, the director may permit or condition
such use ifit is clearly evident that the use is consistent with the principal uses of the zoning
district in which it is to be located.
17.90.030 Rules of construction.
In administering this Title 17 PTMC, where, in administering any permit application, different
sections of this code specify different, varying, or inconsistent standards, the most restrictive
provision shall govern, unless the director determines that standards, limitations, or requirements
have been revised or adopted to implement a specific policy directive of the Comprehensive Plan.
Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
17.90.040 Minimum requirements.
When interpreting and applying the provisions contained within this title, its provisions shall be
considered minimum requirements unless otherwise stated.
17.90.050 Interpretations -- Chapter 20.02 PTMc.
In order to ensure the uniform application of this Title 17 PTMC, the director is authorized to
render or make interpretations. All code interpretations shall be processed in accordance with
Chapter 20.02 PTMC, Interpretation of Land Development Codes.
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Chapter 17.94
ADMINISTRATION AND ENFORCEMENT
Sections:
17.94.010 Permits.
17.94.020 Amendments.
17.94.030 Enforcement and Penalties.
17.94.010 Permits.
All permits required under the provisions of this title shall be governed by the procedures
established in Chapter 20.0 I PTMC, Land Development Administrative Procedures. Application
fees for all permits required under the provisions of this title shall be governed by the provisions
of Chapter 20.09 PTMC, Land Development Permit Application and Appeal Fees.
17.94.020 Amendments.
Proposed zomng text, development regulation, comprehensive plan and/or land use map
amendments shall be governed by the provisions of Chapter 20.04 PTMC.
17.94.030 Enforcement and penalties.
A. Director's authority. Whenever the director of the building and community development
department or his or her designee (i.e., "director") determines that a condition exists in violation
of this title or any standard required to be adhered to by this title, or in violation of any permit
issued hereunder, he or she is authorized to enforce the provisions of this title.
R Chapter 20.10 PTMC applicable. All violations of any provision ofthis title or any
incorporated standards, or any permit issued hereunder, are made subject to the provisions of
Chapter 20.10 PTMc. The director is authorized to order correction and discontinuance of any
violative condition ofthe provisions of this title under the procedures of Chapter 20.10 PTMC,
which provide for voluntary correction orders, notice and orders to correct the violation,
abatement orders, stop work and emergency orders, and assessment of civil penalties.
C. Order to cease violation. Whenever any such violation is found, pending commencement
and completion of the voluntary correction and/or notice and order procedures of Chapter 20.10
PTMC, the director may order the cessation of activity causing the violative condition by notice in
writing served on or mailed to the person(s) engaged in or causing such condition. The effect of
such order shall be to require immediate cessation of any activity causing the violative condition.
Such order shall not be affected by any right of appeal afforded by this or any other title of this
code.
D. Public nuisance. All violations of this title and standards required thereby are determined
to be detrimental to the public health, safety, and welfare and are public nuisances. All conditions
which are determined by the director to be in violation of this title or standards required thereby
shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful
means, as provided in Chapter 20.10 PTMC.
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E. Alternative remedies. As an alternative to any other judicial or administrative remedy
provided in this title or by law or other ordinance, any person who willfully or knowingly violates
or fails to comply with any stop work order or emergency order issued pursuant to Chapter 20.10
PTMC is guilty of a misdemeanor and upon conviction shall be punished as provided in Section
20.10.060 PTMC. Each day such violation or failure to comply continues shall be considered an
additional misdemeanor offense.
'" '" "'E N D TITLE 17'" '" '"
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ORDINANCE 2571
EXHIBIT B -- 0 FFI CIAL ZO NIN G MAP
NOT SCANNED