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1367 - Ordinance - Family and Group Care FacilitiesORDINANCE NO. 1367 AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING ORDINANCE NO. 1351, SECTION 1, DEFINITIONS; ORDINANCE 1214, SECTION 3; ORDINANCE NO. 1163, SECTION 5, & SECTION 6 RESIDENTIAL LOW DISTRICT, SECTION 9 & SECTION 10 RESIDENTIAL HIGH DISTRICT, SECTION 14 MULTIPLE FAMILY DISTRICT, SECTION 25, SUBSECTION H, SPECIFIC CONDITIONS, SPECIAL USE PERMITS; ORDINANCE NO. 986, SECTION 14 AND ORDINANCE NO. 899 CHAPTERS 3, 4, & 5, IN ORDER TO ALLOW FAMILY AND GROUP CARE FACILITIES IN ALL RESIDENTIAL DISTRICTS. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: SECTION 1. Purpose: To safeguard the health and safety of all citizens and avoid over -concentration of group homes, either alone or in conjunction with similar community based residences. Foster family homes and group care facilities are residential uses and as such should be permitted in all residential zones upon meeting certain conditions concerning licensing and concentration of facilities. SECTION 2. Statement of Intent: In order to prevent the concentration of family care and group care facilities and to minimize the impact on a neighborhood by a high concentration of these facilities, the Planning Commission shall exercise care in considering a request to establish a family care or group care facility. A second intention of this provision is to protect existing family and group care facilities from the possibility that an overconcentration of such facilities in a neighborhood might develop which may inadvertently recreate an institutional setting. Such a setting is an impediment to the successful function of family care and group care facilities. �de--N J 13�3-%7 SECTION 3. Ordinance No. 1351, Section 1; Or inance No. 1163, Section 4 and Ordinance No. 899 Chapter 3, DEFINITIONS are hereby amended to read as follows: Except where specifically defined herein, all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designated to be used or occupied". Accessory use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Aggrieved Party. A party who suffers a direct and adverse effect upon his personal, pecuniary or property rights by a decision of the City Council or the Planning Commission. Alley. A public way either unimproved or improved which affords a means of access to abutting properties. Alley width shall be considered the distance between its right-of-way lines. Ordinance No. 1367 Page Two Alteration. A change or rearrangement of the structural parts or exit facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. Building. Any structure used or intended for supporting or sheltering any use or occupancy. Building area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of courts. Clinic. A building in which health care services are provided for treatment of human or animal out -patients. Concomitant Agreement. A contract duly executed and legally binding between the City and the property owner that is made in conjunction with Council action. Court. A space, open and unobstructed to the sky, located at or about grade level on a lot and bounded on three or more sides by walls of a building. Day Care Center. A building, licensed by the State of Washington, in which parental care and education is provided for children during the day. Dock. A floating or fixed platform used as a landing place for marine transport or for recreational purposes, and attached to the shore or a fixed pier by a loosely coupled ramp. Dwelling. Any building or any portion thereof which is not a "Lodging House" or a "Hotel" as defined in this code, which contains "Dwelling Units" or "Guest Rooms", used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes. Dwelling Unit. A independent living facilities including permanent provisions cooking and sanitation. single unit providing complete, for one or more persons, for living, sleeping, eating, Family. An individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit. Foster Family. A family wherein one (1) or more individuals is provided with room, board, ordinary care, and supervision in a family environment, and where the parent/operator is licensed by the State and is not legally related to the individuals supervised. Foster Care Home. "A foster home is a facility wherein (1) the operator is not legally related to the individuals supervised, (2) is a family size facility licensed by the State of Washington to provide care and supervision of five or less children or dependent adults in a home setting (3) the facility shall be registered with the Fire Department and (4) shall be treated as a permitted use in all residential zones or districts. Ordinance No. 1367 Page Three Group Home. A group residence licensed by the State and operated for the purpose of providing family -like domiciliary care for a group of six or more persons who are unable to care for themselves, but do not receive medical, nursing, psychiatric or psychological treatment in the facility. Group homes do not include transitional facilities or facilities intended to provide rehabilitation or social readjustment. Home for Ad.iustment; or Halfway House. A use providing board and room, recreational, counseling, and other rehabilitative services to individuals, of either sex, who by reason of mental or physical disability, addiction to drugs or alcohol, or family a.nd school adjustment problems require specialized attention and care in order to achieve personal independence. Individuals participating in a work release, or similar program from a state institution, and under the supervision of a court, state or local agency shall be included within this definition." Home Occupation. An occupation or profession which is customarily incidental to and carried on in a dwelling unit or accessory structure and not one in which the use of a premises as a dwelling unit is largely incidental to the occupation carried on by a member of the family residing within the dwelling unit. Hospital. A building designated and used for medical and/or surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Hotel. Any building containing six or more guest rooms intended or designated to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guest. Lodging House. Any building or portion thereof containing not more than five guest rooms which are used by not more than five guests where rent is paid in money, goods, labor or otherwise. A lodging house shall comply with all the requirements of this code for dwellings. Lot. A measured parcel of land having fixed boundaries and designated on a plat or survey. Lot Frontage. The front boundary line of a lot bordering on the street and in the case of a corner lot, may be either boundary line bordering on the street. Lot Measurements. a) Depth of a lot shall be considered to be the dimension between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot line in the rear. b) Width of a rectangular lot shall be considered to be the dimension between its two side lot lines perpendicular to the street. For an irregularly shaped lot the width shall be considered to be a dimension which equals the arithmetic average of the widest and narrowest dimensions between the lot line most nearly perpendicular to the frontage street. Ordinance No. 1367 Page Four Lot Types a) Corner lots are lots which are located at the junction of, and fronting on, two or more intersecting street. b) Interior lots are lots which do not front on two or more streets. c) Through lots are lots, other than corner lots, which have frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Mobile Home. A factory assembled structure equipped with the necessary connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. For purposes of this Ordinance, mobile homes shall not include recreational vehicles (see definition for "Recreational Vehicles" and for "Dwelling"). Mobile Home Park. A tract of land developed with individual sites and facilities to accommodate two or more mobile homes. Marina. A water -dependent facility that provides moorage, wet and/or dry storage, and other related sales and maintenance services, for pleasure and commercial craft (community and public docks are not considered marinas). Motel. A building or portion thereof designated or used for the transient rental of five or more units, which provides lodging services and accomodations to the motoring public. Multiple -Family Dwelling. A residential building designated for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. Non -Conforming Structure. A building or structure which was lawfully erected or altered and maintained, but which does not conform to the regulations of the zone in which the use exist. Non -Conforming Use. A use which was lawfully established and continuously maintained, but which does not conform to the regulations of the zone in which the use exists. Open Space. Land used for outdoor recreation, resource protection, or buffer, including structures incidental to these open space uses but excluding yards required by this Ordinance and land occupied by dwellings. Parking Space, Off -Street. A space on private property with access to a public street or alley used to park a motor vehicle. Ordinance No. 1367 Page Five Permitted Use. Any use authorized or permitted in a specific use district and subject to the limitations and regulations of such use district. Pier. A fixed structure built over the water, used as a landing place for marine transport or for recreational purposes. Principal Use. The primary use for a lot, structure or building, or the major portion thereof, as designated or actually used. Recreational Vehicle. A motor home, travel trailer, truck, camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred and twenty (220) square feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. School. An institution primarily for academic instruction, public, private or parochial, and accredited by the State Department of Education. Secondary Use. An incidental or accessory use for which a lot, structure or building is designated or employed in conjunction with, but subordinate to its primary use. Service Station. Any building, and the lot on which it is located, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and for minor servicing of motor vehicles. Setback. The distance between buildings or uses and their lot lines. Sion. An identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure, land or vegetation and which directs attention to a product, place, activity, person, institution or business. Single -Family Residence. A building designated for occupancy by one family and containing one dwelling unit. A mobile home may be considered a single-family dwelling unit only after it has been permanently installed on a foundation constructed for that purpose. Special Use. A use that generally would not be appropriate but which, if controlled as to number, area, location or relation to neighborhood would promote the health, safety, welfare, comfort, convenience or general welfare of the public. Street. Any public way either unimproved or improved which affords the principal means of access to abutting properties. A street width shall be considered the distance between its right-of-way lines. Ordinance No. 1367 Page Six Structural Alteration. Any change to the supporting members of the building or structure including foundations, bearing walls, columns, beams or girders. Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some manner. Two -Family Dwelling. A building containing two dwelling units, with each unit designed for occupancy by one family. Also referred to as a duplex. Use. The nature of the occupancy, the type of activity or the character and form of improvements to which land is devoted or may be devoted. Yard. An unoccupied space, other than a court, unobstructed from the ground to the sky, which may include driveways, sidewalks, lamp posts, open patios, retaining walls, entrance steps, fences and landscaping unless specifically otherwise provided. Yard Types. (a) Front yards extend between side lot lines across the front of a lot adjoining a public street. (b) Side yards extend from the rear line of the required front yard to the rear lot line. (c) Rear yards extend across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. SECTION 4. Ordinance No. 1163, Section 5, Subsection A (1) and Ordinance No. 899, Chapter 4, Residential Low, Low Density Residential District Subsection A(1) are amended to read as follows: A. USE REGULATIONS 1. Permitted Uses: a. Single-family dwellings b. Two-family dwellings c. Multiple -family dwellings d. Mobile home e. Parks and play grounds f. Nurseries and greenhouses g. Accessory buildings h. Schools, libraries and public buildings i. Utility substations j. Home occupations * k. Foster care homes Ordinance No. 1367 Page Seven .cL,d b� 1393- R47 SECTION 5. Ordinance No. 1163, Section 6 and Ordinance No. 899, Chapter 4, Residential High, High Density Residential District, Subsection A(2) are hereby amended to read as follows: 2. Uses permitted upon issuance of a Special Use Permit: a. Compatible neighborhood b. Professional offices c. Branch bank d. Churches e. Mobile home parks f. Day care centers *g. Group homes *h. Lodging house i. Service station commercial uses SECTION 6. Ordinance No. 1163, Section 9 and Ordinance No. 899, Chapter 4, Residential High, High Density Residential District, Subsection A(1) are hereby amended to read as follows: USE REGULATIONS Permitted Uses: a. Single-family dwellings b. Two-family dwellings c. Multiple -family dwellings d. Mobile home e. Parks and playgrounds f. Nurseries and greenhouses g. Accessory buildings h. Schools, libraries and public buildings i. Utility substations j. Home occupations k. Foster care homes c e�i '19 0°i31 ECTION 7. Ordinance No. 1163, Section 10 and Ordinance 899, Chapter 4, Residential High, High Density Residential District, Subsection A(2) are hereby amended to read as follows: 2. Uses Permitted upon issuance of a Special Use Permit: a. Compatible neighborhood commercial uses b. Professional offices c. Branch bank d. Churches e. Mobile home parks f. Institutions such as, but not limited to, children's home and day care centers *g. Group homes *h. Home for adjustment *i. Lodging house j. Clinics k. Service stations . Ordinance No. 1367 Page Eight %7SECTION 8. Ordinance No. 1214, Section 3; Ordinance No. 1163, Section 14; and Ordinance No. 986, Chapter 4, "MF-20", Multiple Family-20 Units per acre A(3) are hereby amended to read as follows: 3. Uses permitted upon the issuance of a Special Use Permit. *a. Group homes b. Kindergarten, day nursery or day care centers C. Schools including business, technical or music d. Community center, fraternal or lodge building e. Utility substations f. Churches g. Compatible neighborhood commercial uses *h. House for adjustment SECTION 9. Ordinance No. 1163, Section 25, Subsection H, and Ordinance No. 899, Chapter 5, Subsection G - Specific Conditions are hereby amended to read as follows: H. SPECIFIC CONDITIONS 1. Neighborhood Commercial Uses listed as special uses in residential districts may be permitted providing that they comply with the following provisions in addition to applicable district regulations and any other conditions imposed by the Commission or Council. a. Location. The site shall be located only on a major or secondary road as designated in the adopted Comprehensive General Plan. b. Site Characteristics. The site shall have: 1) A minimum lot area of 10,000 square feet for each commercial stablishment. 2) A minimum road frontage width of 60 feet. Existing buildings where no exterior changes are to be made may be exempt from 1) and/or 2). C. Screening. All commercial establishments shall be effectively screened from adjoining residential properties through the use of fencing or planting. d. Lighting. No exterior lighting emitted by a commercial establishment shall be permitted to reflect on adjoining residential properties. Ordinance No. 1367 Page Nine 2. Group Homes shall comply with the following provisions in addition to applicable district regulations and other conditions imposed by the Commission or Council: a. be licensed by the State of Washington. b. do not overcrowd the building in which the facility is housed. c. do not cluster in large numbers in the same neighbor -hood (creating a de facto social service district). 3. Home of Adjustment shall comply with the following provisions in addition to applicable district regulations and other conditions imposed by the Commission or Council: a. be licensed by the State of Washington b. shall not be located within a two block radius of an existing group home. 4. Service Stations shall comply with the following provisions in addition to applicable district regulations and other conditions imposed by the Commission or Council: a. Location. Service stations shall not adjoin an existing residential use at the time of their establishment. b. Site Characteristics. The minimum lot area of any service station site shall be fifteen thousand (15,000) square feet, with a minimum lot width of one hundred and fifty (150) feet. The site shall have a minimum of one hundred and fifty (150) feet of lot frontage. c. Rental Trailers. Rental trailers, not exceeding ten (10) in number, may be stored only in the "CG" district, provided they are screened from the view of adjacent properties. d. Walls. A solid masonry wall or screen planting six (6) feet in height shall be placed on all interior property lines; said wall to be reduced to three (3) feet in height within any required yard setback area. e. Landscaping. The entire ground area shall be paved or landscaped. f. Lighting. Light shall not reflect on adjoining properties. Ordinance No. 1367 Page Ten g. Outside Operation. Operations outside permanent structures shall be limited to the dispensing of gasoline, oil, water, changing tires, and attaching and detaching trailers. There shall be no outside storage or display of tires, banners, or devices. h. Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. 5. Mobile Home Parks shall comply with the following provisions in addition to applicable district regulations and other conditions imposed by the Commission or Council: a. Site Characteristics. A minimum site area of 40,000 square feet shall be required, with an average of 5,000 square feet provided per mobile unit (maximum density = 8 units per acre). No single lot shall be less than 3,000 square feet. b. Open Space. At least twenty-five (25) percent of the total mobile park site shall be developed in common open space, suitable and accessible for park and recreational purposes. c. Screening. Mobile home parks shall be effectively screened from surrounding uses by the use of peripheral fencing, six (6) feet in height. d. Lot and Yard Requirements. No single lot shall have a width of less than thirty (30) feet or a depth of less than seventy (70) feet. Front yards shall have a depth of not less than twenty (20) feet and side and rear yards shall have a depth of not less than seven (7) feet. 6. Open Storage Yards shall comply with the following provisions, except as modified by the Commission or Council upon good cause shown, in addition to applicable district regulations and other conditions imposed by the Commission or Council: a. Location. The minimum distance from an open storage yard to any residential district, school, park, playground, church, or similar use shall be one thousand (1,000) feet. b. Site Characteristics. The minimum site area for open storage yards shall be one (1) acre. c. Screening. The minimum of an 8' high fence or 20' wide green belt. Ordinance No. 1367 Page Eleven Sawmills, Sand Pits, Gravel Pits and Batchino Plants shall comply with the following provisions in addition to applicable district regulations and other conditions imposed by the Commission or Council: Location. The minimum distance from such use to any residential district shall be two thousand (2,000) feet. Site Characteristics. The minimum site area for such use shall be five (5) acres. Operations. Removal of minerals pursuant to this section shall be conducted so as to limit the emanation of smoke, dust and noise. All roads from the site to any public street or highway shall be paved with suitable asphaltic material on a prepared base as per specification of the City Engineer to a width of twenty-eight (28) feet to prevent the emanation of dust. No rock or mineral crushing or treatment of mineral shall be permitted. d. Termination. Upon termination of operation for a period of six (6) months. this permit shall be void and all structures and equipment shall be removed. All excavations as well as mounds of waste material which may be seen from any public street or highway shall be graded and the premises shall be restored as near as possible to original conditions and contours. e. Compliance. To quarantee compliance with conditions set forth, the operator shall post and maintain with the City a performance bond as established by the City Engineer, conditioned that the City may enter and restore the premises and recover all its costs. All operations shall also be covered by public liability and property damage insurance as required by the City. SECTION 10. SEVERABILITY. In the event that any portion or section of this ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, the remainder of the ordinance shall not be affected and shall remain in full force and effect. Ordinance No. 1367 Page Twelve PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the Clerk in authentication of such passage this 24th day of November, qW." LESLILr J. WEATHERILL, MAYOR ATTEST: �xl Ice Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Summary of City of Port Orchard Family and Group Care Facilities Ordinance No. 1367. Pursuant to RCW 65.16.160 the City of Port Orchard hereby publishes a summary of Ordinance No. 1367 which amends Ordinance No. 1351, Section 1, Definitions; Ordinance No. 1214, Section 3; Ordinance No. 1163, Section 5 and Section 6 (Residential Low), Section 9 and Section 10 (Residential High), Section 14 (Multiple Family District), Section 25, Chapter 5, Subsection H, Special Use Permits, Ordinance No. 986, Chapter 4, Multiple Family-20 units per acre A(3) and Ordinance No. 899, Chapters 3, 4 and 5 in order to allow family and group care facilities in all residential districts. Section 1 of Ordinance No. 1367 states the purpose of adopting an ordirance regulating family and Section 2 of Ordinance No. 1367 sets forth a Statement of Intent. Section 3 of Ordinance No. 1367 amends Ordinance No. 1351 Section 1, Ordinance No. 1163 Section 4 and Ordinance No. 899 Definitions to include definitions for family and group care facilities. Section 4 of Ordinance No. 1367 amends Ordinance No. 1163, Section 5 Subsection A(1) and Ordinance No. 899, Chapter 4 Residential Low, Low Density Residential District, Subsection A(1) providing for Foster Care Homes as a permitted use within a Residential Low District. Section 5 of Ordinance No. 1367 amends Ordinance No. 1163, Section 5, Subsection A(1) and Ordinance No. 899, Chapter 4 Residential High, High Density Residential District, Subsection A(2) permitting Group Homes and Lodging Houses within a Residential High District upon the issuance of a Special Use Permit. Section 6 of Ordinance No. 1367 amends Ordinance No. 1163, Section 9 A(1) and Ordinance No. 899, Chapter 4, Residential High, High Density Residential District, Subsection A(1) establishing use regulations within a Residential High District. Section 7 of Ordinance No. 1367 amends Ordinance No. 1163, Section 10 A(2) and Ordinance No. 899, Chapter 4, Residential High, High Density Residential District, Subsection A(2) designating uses permitted upon issuance of a Special Use Permit. Section 8 of Ordinance No. 1367 amends Ordinance No. 1214, Section 3; Ordinance No. 1163, Section 14 and Ordinance No. 986, Chapter 4 "MF-20", Multiple Family-20 units per acre A(3) designating uses permitted upon the issuance of a Special Use Permit. Section 9 of Ordinance No. 1367 amends Ordinance No. 1163, Section 25, Subsection H and Ordinance No. 899, Chapter 5, Subsection G establishing specific conditions for Group Homes and Homes of Adjustment. Section 10 of Ordinance No. 1367 provides for the severability of any section of portion of this Ordinance which is declared unconstitutional or invalid. Summary of Ordinance No. 1367 Page Two Copies of Ordinance No. 1367 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be made available to any interested person without charge. Thirty days after publication of this summary copies of Ordinance No. 1367 will be provided at a nominal charge. PASSED by the City Council and APPROVED for the Mayor of the City of Port Orchard on November 24, 1986. LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Hower, ity Clerk APPROVED AS TO FORM: City Attorney