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Home My WebLink About2313 Amending Ordinance 2299 - Correcting a Clerical Error - Land Use Regulations and Permit System for Child Daycare FacilitiesAN ORDINANCE CORRECTING AN INADVERTENT CLERICAL ~OR FOUND IN ORDINANCE 2299 RELATING TO THE ESTABLISHMENT AND OPERATION OF CHILD DAY CARE FACILITIES. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 17.32.030 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.32.030 Family Day Care Homes. ae A family day care home shall be permitted by right in all zoning districts permitting residences, except where located in an existing accessory building which shall require administrative review and approval as provided in paragraph B below, and shall be subject to the following requirements: The home shall meet Washington State child day care licensing requirements; The home shall comply with all building, fire safety, health code, and business licensing requirements; e Lot size, building size, setbacks, and lot coverage shall conform to the standards of the zoning district in which the facility is located except if the structure is a legal nonconforming structure; A safe passenger loading area shall be provided; Signage, if any, shall conform to Section 17.50 of the Port Townsend Municipal Code (PTMC); The operator of the home shall file a child day care registration form with the City as provided for in Section 17.32.060 of this Chapter; 7. No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences is permitted. A family day care home may be permitted to be located in an existing accessory building if it conforms with all of the requirements of paragraph A above and receives an administrative review and approval under the process specified below: 1. Notice. Notice of the proposal shall be given as provided below: a. Notices shall be posted on site and in two (2) other conspicuous locations in the vicinity of the site at least ten (10) calendar days prior to final action on the application; b. The notice shall include a description of the proposal, site location, deadline for submitting written comments, and the address and phone number of the Planning Department of the City of Port Townsend. 2. Administrative Review Requirements. The Planning Director shall review applications for family day care homes located in existing accessory buildings in R-IA, R-I, R-II and R-III zoning districts and may approve, modify, or deny the application subject to the following provisions: a. The proposed use must be compatible with the surrounding uses; by ~-~he-~ee~e~zs-e~a~~-s~ ~&= ee~ermaaee-~f~-~he--s~~-~~--w~%h-~3~t~-se~ee~ aeeess-seaaaa~as e= b. The site must be landscaped in a manner compatible with adjacent residences; ~v c~ If the Planning Director, in reviewing the application or comments received, identifies sufficient issues regarding compatibility of the use with surrounding development a public hearing may be called to receive testimony after publication and posting of a notice of public hearing on the site at least ten days prior to such hearing; e~ d~ The Planning Director may grant, deny or grant the permit with conditions reasonably necessary to reduce conflicts between the family day care facility and the surrounding neighborhood. The conditions may provide for, but shall not be limited to, noise attenuation, special parking needs and, hours of operation. ~= e. An appeal of the administrative decision of the Director may be filed by an aggrieved party under the procedures for administrative appeals contained in Chapter 1.14 of the Port Townsend Municipal Code. SECTION 2. Section 17.32.040 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.32.040 Child Mini-Day Care Centers. ao Child Mini-Day Care Center (not located in the residence of the care provider). A child mini-day care center not located in the residence of the care provider is allowed in the designated zoning districts as follows: 1 Zoning Districts (R-IA, R-I, R-II, and R-III]. A child mini-day care center not located in the residence of the care provider may be permitted by Administrative Review. Se Notice. Notice of the proposal shall be given as provided beloW: 1) Notices shall be posted on site and in two (2) other conspicuous locations in the vicinity of the site at least ten (10) calendar days prior to final action on the application; 2) The notice shall include a description of the proposal, site location, deadline for submitting written comments, and the address be and phone number of the Planning Department of the City of Port Townsend. Administrative Review Requirements,. The Planning Director shall review applications for a mini-day care center not located in the residence of the care provider in R-IA, R-I, R-II, and R-III zoning districts and may approve, modify, or deny the application subject to the following requirements: 1) The mini-day care center shall meet Washington State child care licensing requirements; 2) The mini-day care center shall comply with all building, fire safety, health code, and business licensing requirements; In the Director's evaluation s/he shall consider: Current traffic volumes of the subject streets and the capacity of the existinq road network ii-- Conformance of the subject streets with City Street Standards (Section 12.04 PTMC); iii~. Conformance of the subject streets with emerqenc¥ vehicle access standards Signage, if any, shall conform to the requirements of Section 17.50 of the Port Townsend Municipal Code); The operator of the mini-day care center shall file a child day care registration form with the City as provided for in Section 17.32.060 7 of this Chapter; Parking requirements shall conform to Section 17.30 of the Port Townsend Municipal Code; ~ 8) The site must be landscaped in a manner compatible with adjacent residences; No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child mini-day care center shall be permitted. Any new or remodeled structure must be designed to be compatible with the residential 4 10) character of the surrounding neighborhood; The child mini-day care center shall not be located within 300 feet of another child mini- day care center not located in the residence of the care provider or of another child day care center. Any child day care center which is an accessory use pursuant to Section 17.32.050D of this Chapter shall be excluded from these dispersion requirements; The Planning Director may attach reasonable conditions to the permit in order to reduce conflicts between the child mini-day care center and the surrounding neighborhood; such as, but not limited to, requirements for noise attenuation, special parking needs, and limitations regarding hours of operation; If the Planning Director finds, after review of the application and any comments received, that there is sufficient reason to be concerned regarding the compatibility of the child mini- day care center that a public hearing would be beneficial in making a final determination regarding a permit application, final review of the application shall be conducted through the Conditional Use Permit process and shall be subject to the requirements of Section 17.32.050A(1) of this Chapter and Chapter 17.64 of the Port Townsend Municipal Code; The process used to appeal an Administrative Review decision is contained in Chapter 1.14 of the Port Townsend Municipal Code (appeal of administrative decisions). Ail Other Zoning Districts. A child mini-day care center not located in the residence of the care provider is permitted by right in all other zoning districts provided the requirements set forth in parts b(1) through b(7) of this Chapter are met. SECTION 3. 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 5 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. 4. Effective Date This ordinance shall take effect and be in force five days (5) days after the date of its publication in the manner provided by law. PASSED by the Council of the City of Port Townsend, ther andkPPROVED by the Mayor Washingt~,~, at a regular meeting ~~~_ k~ this /~day of~, 1992. At~~~: ,x~~ l~ Ci~se, Mayor D~vid A.'G~ovo, ~k/~rea~er Dennis McLerran, City Attorney Existing Text New Text BeEe~e~-~e~ S~i~: D:\OOu~:ll\~hil~.o~d 13 Aug 92