Loading...
023-19 - Ordinance - Amending Chapter 20.66 Unified Development CodeoRDTNANCE NO. 023-19 AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASH NGTON, AMEND NG CHAPTER 20.56 OF THE PORT ORCHARD MUNIC PAL CODE; PROV D NG FOR SEVERABILITY AND PUBL CATION; AND SETTING AN EFFECT VE DATE. WHEREAS, In June 2OL7, the City Council adopted regulations for vehicle service and repair accessory to residential uses, as part of the Unified Development Code; and WHEREAS, further review and application have revealed the need for refinement of the regulations, including adding detail and definitions and extending the prohibition on work in the right-of-way to private roads; and WHEREAS, on March 25,20L9, the Land Use Committee of the City Council reviewed the proposed amendments and recommended bringing them forward for consideration by the Planning Commission and the City Council; and, WHEREAS, on June 4,2OL9, the City's Planning Commission held a public hearing on the proposed amendments and voted unanimously to recommend approval by the City Council; now, therefore, THE CITY COUNC L OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDA N AS FOLLOWS: sEcTtoN 1.POMC Chapte r 20.66 Amended. POMC Cha pter 20.66 is hereby amended to read as follows: Sections: 20.66.010 20.66.O20 Definit ons. Service and Repair Standards. 20.65.010 Definitions. The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings: (L) "Driveway" and "Parking Pad" means established driving and parking areas Iocated on the property, not within the public right-of-way, private roadway, or ingress/egress easement. (2) "Major Parts and Components" means and includes, but is not limited to: body panels, frame components, bumpers, hoods, doors, engines, transmissions, differentials, and similar parts and assemblies. (3) "Recreational, Sporting, and Utility Vehicles and Equipment" means and includes, Ordinance No. O23-L9 Page 2 of 4 without limitation: motorhomes, travel trailers, pickup truck campers, off-road vehicles, boats, jet skis, racing vehicles of all types, construction vehicles and equipment, boat and utility trailers, motorcycles, and all such similar vehicles and equipment, whether self- powered or unpowered. (4) "Roadway" means and includes the paved or unpaved road surface and any associated sidewalk, improved or unimproved shoulder, parking strip, and landscaping. (5) "Vehicles and Equipment" means and includes motor vehicles, non-motorized, recreational, sporting, utility, or other vehicles and related equipment of any type. (6) "Work" means and includes, but is not limited to repair, service, maintenance, restoration, modification, assembly, disassembly, construction, reconstruction, testing, tune-up and other work, and is categorized as follows: (a) "Major Work" means and includes, but is not limited to: removal, installation, disassembly, or assembly of major parts and components; body or frame work; rebuilding engines and transmissions; testing of alarms and sound systems; and similar work. (b) "Minor Work" means routine, basic maintenance and repairs, including such work as changing tires, fluids, and filters, replacing wiper blades, Iight bulbs, brake pads/shoes, and other minor parts, diagnostics and tune-ups, and similar work. 20.65.020 Service and Repair Standards. The repair, service, restoration, modification, assembly, disassembly, construction, reconstruction, tune-up, or other Work on motor, recreational, sporting, utility, or other vehicles on any residential premises in any non-residential zone, unless an integral part of a legal use in the zone, or on any property in any residential zone, unless an integral part of a legal non-conforming use, shall be subject to the following standards: (1) Work shal! be Iimited to the non-commercial service, repair, and maintenance of motor vehicles, recreational, sporting, or utility vehicles and vehicular equipment that are owned by or currently registered to residents of the premises on which the Work is being done. (2) Major Work is prohibited in multi-family residential complexes of five (5) or more dwelling units on a parcel, unless entirely within an enclosed garage. (3) Work shall not be done on a vacant lot or in or on any public or private roadway, public right-of-wdy, or ingress/egress easement, including those adjacent to the owner's residence, except for emergency repairs necessary to enable the safe movement of a vehicle stranded on the roadway or right-of-way. Vehicles undergoing, awaiting, or Ordinance No. O23-L9 Page 3 of 4 otherwise associated with such Work shal! not be stored on any vacant lot, roadwdy, easement, or public right-of-way. ( ) No more than one (L) vehicle may be undergoing or in any stage of service, repair, or other Work at any one time. (5) Outdoor Work shall be conducted only between the hours of 7:00 AM and 7:OO PM on weekdays and 9:00 AM and 7:OO PM on weekends. (6) Major Work, shall only be conducted within a fully enclosed garage or accessory building. Minor Work shall only be performed in a fully enclosed building, an open accessory structure, on a parking pad or in the driveway. (7) Parts, equipment, tools, debris, excess materials or other supplies shall be stored within a fully enclosed structure such as a garage or accessory building when not in use. (8) Work shall not create a nuisance to the neighbors or the public. Work shall not include the repeated or extended revving of engines, noises in violation of POMC 9.24.050 (Public Disturbance Noises), or the creation of smoke or noxious fumes or vapors that extend beyond the perimeter of the property, or create a fire hazard or other danger to the public health, safety, or welfare. (9) Upon completion of any Work regulated by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths or rags, and all other equipment or material used in the Work, and the property shall be left in such a condition that no hazard to persons or property shall remain. (10) Oil, gasoline, antifreeze, and other automotive fluids, solvents, or other chemicals shall not be drained or allowed to spill on the ground. Spills of any such fluids or chemicals shall be cleaned up promptly and thoroughly and all fluids, chemicals, and contaminated soils or materials shall be disposed in a safe, legal, and proper manner, in accordance with all applicable state, federa!, and loca! regulations, including but not limited to POMC Chapter 15.30 (!llegal Discharge Detection and Elimination). ln the event of any leak, spill, or accumulation of such fluids, chemicals, or other hazardous or potentially-hazardous materials, which do or potentially may get into the municipal stormwater system or any surface water or groundwater, any person involved in or responsible for the Work and/or the prop€rty, or otherwise aware of such leak, spill, or accumulation shall notify the proper authorities as specified in POMC Chapter 15.30. L2O, as now written or as hereafter amended or replaced. (11) Storage, containment, and disposal of all waste products and hazardous materials Ordinance No. O23-L9 Page 4 of 4 shall be in accordance with all applicable state, federa!, and local regulations. (12) Painting of vehicles or equipment is prohibited, whether inside or outside of a building. Severabilitv. lf any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shal! be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shalltake effect and be in fullforce and effect five days after publication, as provided by !aw. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 25th day of June 2079. I lttRT Robert Putaansuu, Mayor ATTEST:SPONSOR: ndy Rinearson, MMC, City Clerk Scott Diener, Councilmember APPROVED AS TO FORM: n Cates, City rney PU BL!SH ED: EFFECTIVE DATE: July 5, 2OL9 July 10, 20L9 o a a a E,A.LS a t a a NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held June 25,2019. oRDTNANCE NO. 023-19 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 20.66 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECT VE DATE. Copies of Ordinance No. 023-19 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 mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 023-L9 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, July 5, 20t9