HomeMy WebLinkAbout2321 Emergency Interim Controls for Certain Shoreline Areas of the City of Port TownsendORDINANCE NO. 2321
AN ORDINANCE pertaining to zoning, enacting
interim controls for certain shoreline areas
of the City of Port Townsend, establishing an
effective date and declaring an emergency.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the City Council passed on October 28, 1992, Ordinance
2320 which amends the Jefferson-Port Townsend Shoreline
Management Master Program with respect to uses permitted
on the urban shoreline of the city; and
many citizens and property owners participated in the
hearings before the Jefferson-Port Townsend Shoreline
Advisory Commission, the Port Townsend City Council, and
the Jefferson County Board of Commissioners which were
conducted in consideration of these amendments; and
the amendments included in Ordinance 2320 were adopted in
the public interest for the betterment of the community
and the shorelines of the State of Washington as set
forth as findings in that ordinance; and
pursuant to the Washington State Shoreline Management Act
(RCW 90.58) the amendments enacted in Ordinance 2320 must
first be approved by the Washington State Department of
Ecology before becoming effective; and
the process of state review is anticipated to extend into
February, 1993, and
during the period of Department of Ecology review, it is
possible that one or more property owners may, in light
of the amendments and the extended period for state
review, be induced to hastily prepare and submit
development applications for required city permits prior
to the time when the new Shoreline Master Program
amendments become effective; and
to the extent such development proposals do not comply
with the new amendments, the public interests for which
the amendments were enacted would be irreversibly
diminished and the public process in which the amendments
were considered would be undermined; and
it is therefore necessary
temporary, interim controls
public interest; and
and reasonable to enact
in order to preserve the
WHEREAS,
although the City Council has issued a determination of
nonsignificance prior to the passage of ordinance 2320,
the rules of the Washington State Environmental Policy
Act provide in WAC 197-11-880 for emergency exemption in
instances such as the present circumstances confronting
the City; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES HEREBY ORDAIN AS
FOLLOWS:
section 1. ~_e~. Unless otherwise indicated herein, for
the purposes of this ordinance, the definitions set forth in
Chapter 17.08 of the Port Townsend Municipal Code shall apply in
addition to those set forth below:
1.1 W~r-dependent: A use or portion of a use that cannot
exist in any other location and requires a location on the
shoreline and is dependent on the water by reason of the
intrinsic nature of its operation.
1.2 Water-enjoyment: A recreational use such as a park,
pier, or other use facilitating public access as a primary
character of the use; or, a use that provides for passive and
active interaction of a large number of people with the
shoreline for leisure and enjoyment as a general character of
the use and which, through location, design and operation
assure the public's ability to interact with the shoreline.
In order to qualify as a water-enjoyment use, the use must be
open to the public and most if not all of the shoreline
oriented space in the faoility must be devoted to the specific
aspects of the use that foster shoreline interaction. Water-
enjoyment uses may include, but are not limited to,
restaurants, museums, aquariums, scientific/ecological
reserves, resorts, and mixed use commercial enterprises
provided such use conforms to the above requirements.
1.3 Water-oriented: A use or a portion of a use which is
either a water-dependent, water-related, or water-enjoyment
use, or any combination thereof.
1.4 Water-related: A use or portion of a use which is not
intrinsically dependent on a waterfront location, but whose
operation cannot occur economically without a shoreline
location. These activities demonstrate a logical, functional
connection to a waterfront location. Examples of water-
related uses may include warehousing of goods transported by
water, seafood processing plants, and log storage.
Ordinance
- 2 -
(Port Townsend, 11/92)
.23,,a.I
Section 2.
2.1
Within the area described in subsection 2.2 of this section,
and shown on the map attached hereto as Appendix 1, new
development or redevelopment shall be limited to water-
dependent or water-related uses.
2.2
This section shall apply to all lands within the jurisdiction
of the Washington State Shoreline Management Act (RCW 90.58)
which lie within the M-I (light manufacturing or industry)
zoning district, including but not necessarily limited to the
property known as the Boat Haven Marina area owned by the Port
of Port Townsend.
S~ction 3.
3.1
Within the area described in subsection 3.2 of this section,
and shown on the map attached hereto as Appendix 1, new
development or redevelopment shall be limited to water-
oriented uses.
3.2
This section shall apply to all lands within the jurisdiction
of the Washington State Shoreline Management Act (RCW 90.58)
which also lie within Blocks 1-3, 46-48, 49-52, 93-96, and 97-
99 of the Original Townsite of Port Townsend, including but
not limited to the property known as Point Hudson which is
owned by the Port of Port Townsend.
SeQtion 4.
4.1
within the area described in subsection 4.2 of this section,
and shown on the map attached hereto as Appendix 1, any
proposed new or expanded building in which any portion is
proposed to contain any apartment, condominium, multi-family
dwelling, hotel, motel or inn use may be established as a
conditional use provided that such uses shall not occupy any
portion of the ground floor of any such new or expanded
building, and provided further that a minimum of fifty percent
(50%) of the total ground floor area of such buildings shall
be reserved for water-oriented uses. Application for a
conditional use permit shall be made and considered pursuant
to Chapter 17.64 PTMC.
4.2
This section shall apply to all lands within the jurisdiction
of the Washington State Shoreline Management Act (RCW 90.58)
which lie within the following described area:
Ordinance
- 3 -
(Port Townsend, 11/92)
Blocks 4-45 of the Original Townsite of Port Townsend,
Blocks 17-19 of L. B. Hastings First Addition to Port
Townsend, together with Blocks 20-24 and Blocks 145-160
of L. B. Hastings Second Addition to Port Townsend.
4.3 ExQeption: Properties located within the following
described area are exempt from the regulations of this section,
provided the ground floor of the building is reserved for
commercial retail or service uses permitted within the C-III zoning
district: Block 6, Lots 6 and 8; Block 10, Lots 1-4; and all of
Blocks 7-9 and 39-43 of the Original Townsite of Port Townsend.
Section 5. ~ The following described properties
and structures are exempt from the requirements and restrictions of
this ordinance:
5.1
Properties located between Gaines Street and Polk Street which
are on the upland side of Water Street.
5.2 Minor addition, remodel or alteration of pre-existing
structures which will not increase the floor area more than twenty
percent (20%) of the total floor area of the existing structure as
it exists on the effective date of this ordinance.
Section 6. This ordinance shall apply notwithstanding any other
provision of any other ordinance or provision of the Port Townsend
Municipal Code, until December 31, 1992, or until Ordinance 2320
becomes effective, whichever occurs first.
Section 7. public HearinG. Pursuant to 35.63.200 RCW, a
public hearing will beheld on the interim zoning controls adopted
herein on December 7, 1992.
Section 8. Severability. In the event any one or more of the
provisions of this ordinance shall for any reason be held to be
invalid, such invalidity shall not affect or invalidate any other
provision of this ordinance, but this ordinance shall be construed
and enforced as if such invalid provision had not been contained
therein; provided, that any provision which shall for any reason be
held by reason of its extent to be invalid shall be deemed to be in
effect to the extent permitted by law.
Section 9. Effective Date. This ordinance shall become
effective five days after its passage and publication as provided
by law.
Read for the first, second and third time times and passed by
the City Council of the City of Port Townsend, Washington, at a
Ordinance - 4 -
(Port Townsend, 11/92)
reg thereof, held this . sixteenth
, 1992.
day
By
M. Clise, M~or
David ~.~G~ove, City Clerk
Approved as to fo m:' ~
Dennis McLerran, City Attorney
First reading: ~0~./~ Passage:
Second reading: ~'~¢& Publication:
Third reading. ~/~/FF ~ Effective:
Ordinance - 5 -
(Port Townsend, 11/92)
.<
0