Chapter 17.16
RESIDENTIAL ZONING DISTRICTS

Sections:

17.16.010    Purposes.

17.16.020    Permitted, conditional and prohibited uses – Accessory dwelling units.

17.16.025    Medical marijuana, personal cultivation and noncommercial collective gardens – Standards and requirements.

17.16.030    Bulk, dimensional and density requirements.

17.16.050    Repealed.

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 RCW 36.70A.110;

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.

B. 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 four dwelling units per 40,000-square-foot area (i.e., 10,000-square-foot minimum lot size, or approximately four dwelling units within one 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. Limited multifamily development could occur with approval of a planned unit development. 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 permitted 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 eight units per 40,000-square-foot area (i.e., 5,000-square-foot minimum lot size, or approximately eight dwelling units within one 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: 10,000 square feet for a duplex; 15,000 square feet for a triplex; and 20,000 square feet for a fourplex. Limited multifamily development could occur with approval of a planned unit development. The R-II district corresponds closely to those areas of town that are currently platted to eight lots per block, include few development limitations, and which are in proximity to existing public facilities and services.

3. R-III – Medium Density Multifamily. The R-III district accommodates smaller scale multifamily structures (e.g., five to 12 dwellings per structure) at a minimum density of 10 units and a maximum of up to 16 units per 40,000 square feet of land 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 multifamily development is encouraged in these areas, single-family residences continue to be an allowed use provided the minimum density requirement can be achieved. This district includes areas along arterial and major collector streets with existing or planned transit service.

4. R-IV – High Density Multifamily. This district accommodates larger scale multifamily structures (e.g., 10 to 24 dwellings per structure) at a density of not less than 15 units per 40,000 square feet of land area, or more than 48 units per 40,000 square feet of land area. A minimum density has been specified for this district in order to discourage use of this land for subordinate, lower density development; single-family dwellings are not permitted in this district. 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.

C. Accessory Dwelling Units. This chapter provides standards for the establishment of accessory dwelling units within the structure of a single-family residence or an outbuilding which is accessory to such residence. Accessory dwelling units are allowed in order to:

1. Allow more energy efficient use of large, older homes;

2. Provide more affordable housing opportunities for Port Townsend residents;

3. Provide additional density with minimal cost and disruption to existing neighborhoods; and

4. Allow individuals and smaller households to retain large houses as residences. (Ord. 3323 § 1 (Exh. C), 2023; Ord. 2967 § 4.1, 2008; Ord. 2825 § 4, 2003; Ord. 2782 § 4, 2001; Ord. 2716 § 4.2, 1999; Ord. 2571 § 2, 1997).

17.16.020 Permitted, conditional and prohibited uses – Accessory dwelling units.

A. Table 17.16.020 identifies land uses in the residential zoning districts that are permitted outright (P), subject to a conditional use permit (C), prohibited (X), or not applicable (N/A). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. For example, multifamily residential development project applicants must procure a Type I permit in accordance with Chapter 17.36 PTMC, Multifamily Residential Development Standards. Uses not specifically identified within Table 17.16.020 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 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 17.16.020.

C. Accessory Dwelling Units – Limitations on Use. Two accessory dwelling units (ADU) may be established as an accessory use to a single-family detached residence provided the following conditions are continuously met:

1. A certificate of occupancy pursuant to the currently adopted city construction codes shall be obtained from the building official and posted within the ADU. The code inspection and compliance required to obtain a certificate of occupancy in an existing building shall be restricted to the portion of the building to be occupied by an ADU and shall apply only to new construction rather than existing components, except that any high hazards (i.e., smoke detectors, fire exits, stairways, LP gas appliances and fire separation) 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. Neither the main nor accessory dwelling units shall be used as a short term rental, except as provided for in PTMC 17.57.020(B)(2).

3. ADUs established in an outbuilding shall not exceed 800 square feet in floor area and ADUs established within or attached to the primary residence shall not exceed 1,000 square feet, and under no circumstance shall the total lot coverage of the primary residence along with the ADU exceed the standard allowed in the underlying zoning district.

4. ADUs may be established in a residence or outbuilding that is legal, nonconforming with respect to required setbacks if entrances are no closer than five feet to neighboring property lines, and if each side window that is closer than five feet to a side property line and that is also closer than 20 feet to either the front or rear property line is permanently glazed with translucent material; provided, that the director may permit an entrance as close as three feet to a neighboring property line upon a finding that no feasible alternative exists.

5. ADUs may be established as an accessory use to an existing single-family detached residence that is a legal nonconforming use.

6. ADUs may be configured as a duplex structure when detached from primary residence.

D. Accessory Dwelling Units – Exception for Legal, Nonconforming Accessory Dwelling Units. Notwithstanding the provisions of subsection C of this section, in the case of an ADU established prior to August 17, 1971, and continuously occupied thereafter, the ADU may continue without compliance with PTMC 17.16.020(C)(1) and (C)(2), provided a certificate of occupancy is obtained pursuant to PTMC 17.16.020(C)(1).

[Note: The fee for inspection and issuance of a certificate of occupancy for an accessory dwelling unit shall be the same as that established in the currently adopted International Building Code for a special inspection. For the purposes of determining system development charges or utility or infrastructure requirements, a single-family residence with an accessory dwelling unit which does not separately connect to city water or sewer service shall have the same charges and the same requirements as a single-family residence without an accessory dwelling unit.]

E. Incidental uses which are identified in this title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed in accordance with Chapter 20.01 PTMC subject to the approval criteria codified in Chapter 17.84 PTMC.

 

Table 17.16.020

Residential Zoning Districts – Permitted, Conditional and Prohibited Uses 

Key to table: P = Permitted outright; P2 = Permitted with a Type II process; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable
DISTRICT	R-I	R-II	R-III	R-IV	APPLICABLE REGULATIONS/NOTES
SINGLE-FAMILY RESIDENTIAL USES
Accessory dwelling units	P	P	P	X	PTMC 17.16.030, Bulk, dimensional and density requirements. For ADUs in the R-III zone, the ADU shall be counted toward the maximum housing density as provided in PTMC 17.16.030. Each primary residence is limited to no more than two detached accessory living units. This may be comprised of a combination of detached ADU(s) and/or guest bedroom(s).
Adult family homes (for 6 or fewer adults)	P	P	P	P	PTMC 17.16.030, Bulk, dimensional and density requirements.
Continuum of care facilities	C	C	C	C	PTMC 17.62.040, Permit review process table; and PTMC 17.62.050, Approval criteria
Disaster relief shelter	P	P	P	P	Disaster relief shelters are not subject to bulk, dimensional, and density requirements. This provision recognizes disaster relief agencies’ desired use of various facilities located in various zoning districts during a time of declared public emergency.
Emergency indoor housing	P2	P2	P2	P2	PTMC 17.62.040, Permit review process table; and PTMC 17.62.050, Approval criteria
Emergency indoor day-use shelter	P2	P2	P	P	PTMC 17.62.040, Permit review process table; and PTMC 17.62.050, Approval criteria
Emergency indoor overnight shelter	P2	P2	P2	P2	PTMC 17.62.040, Permit review process table; and PTMC 17.62.050, Approval criteria
Emergency outdoor shelter	C	C	P2	P2	PTMC 17.62.040, Permit review process table; and PTMC 17.62.050, Approval criteria
Emergency shelter (6 or fewer adults)	P	P	P	P	Same as above.
Emergency shelters established by the American Red Cross during a time of public emergency	P	P	P	P	This provision recognizes the Red Cross’s desired use of various facilities located in the residential zoning districts during a time of public emergency.
Group homes for the disabled (6 or fewer residents)	P	P	P	P	PTMC 17.16.030, Bulk, dimensional and density requirements.
Manufactured homes (on individual lots)	P	P	P	X	Manufactured homes, whether used as single-family residences or as an ADU, meeting the definition for “manufactured home” and set on a permanent foundation with the space from the bottom of the home to the ground enclosed by either load-bearing concrete or decorative concrete or masonry blocks so that no more than one foot of the perimeter foundation is visible above grade, are permitted on individual lots in R-I, R-II and R-III zoning districts, subject to PTMC 17.16.030, Bulk, dimensional and density requirements. Title to the manufactured home shall be eliminated as a condition of building permit approval, and no certificate of occupancy shall issue until the applicant has completed correctly the title elimination process. The placement of manufactured homes that were constructed more than three years prior is prohibited.
Mobile homes and trailer homes (on individual lots)	X	X	X	X
Modular homes	P	P	P	X	PTMC 17.16.030, Bulk, dimensional and density requirements. Modular homes are constructed in accordance with the International Building Code and are considered a type of single-family dwelling.
Single-family dwellings (including duplexes, triplexes, fourplexes, and townhouses or rowhouses of up to four units which meet the base density requirements of the applicable district)	P	P	P	P	PTMC 17.16.030, Bulk, dimensional and density requirements. Single-family dwellings in the R-IV zone are limited to fourplexes or townhouses or rowhouses. A duplex structure may be constructed along a zero lot line provided the structure complies with building code fire separation requirements. Other housing types proposing units in individual ownership will require a unit lot subdivision or binding site plan.
Duplex, triplex, or fourplex conversion of detached single-family homes	P	P	P	P	PTMC 17.16.030, Bulk, dimensional and density requirements, applies. Housing types proposing units in individual ownership will require a unit lot subdivision or binding site plan.
Townhouses or rowhouses (zero lot lines) of five or more units	X	P	P	P	Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements. Housing types proposing units in individual ownership will require a unit lot subdivision or binding site plan.
Cottage housing developments	P	P	P	X	Ch. 17.34 PTMC, Cottage Housing Development Design Standards; Ch. 17.46 PTMC, Commercial, Multifamily, Cottage Housing Developments, and Mixed Use Architectural and Site Design Review Processes; Ch. 18.20 PTMC, Binding Site Plans; Ch. 19.06 PTMC, Article III – Standards for Tree Conservation.
Safe parking	P2*	P2*	P2*	P2*	See PTMC 17.62.040, Permit review process table; PTMC 17.62.050, Approval criteria; and PTMC 17.62.050(C), Standards for standalone safe parking.   *Standalone safe parking facilities that are owned and/or operated by a religious organization shall be reviewed under a Type I-A process instead.
Transient use of single-family residential uses (including duplexes, triplexes, fourplexes and cottage housing)	X	X	X	X	See PTMC 17.08.060, Short term rentals.
Tiny house on wheels community	X	X	C	X	Conditional use permit subject to Ch. 17.58 PTMC.
Tiny shelter villages	P2	P2	P2	P2	PTMC 17.62.040, Permit review process table; and PTMC 17.62.050, Approval criteria
MULTIFAMILY RESIDENTIAL USES
Apartment houses	X	C	P	P	Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements. Regardless of any other code provision, applications for conditional use permits for apartment houses in the R-II zone are minor conditional uses and processed as Type II permits per Ch. 20.01 PTMC.
Boardinghouses (6 or fewer roomers)	P	P	P	P	Same as above.
Lodging houses (7 or more roomers)	X	X	P	P	Same as above.
Congregate care or assisted living facilities (with 7 or more dwelling units/bedrooms)	X	X	P	P	Same as above. Also, noncommercial medical marijuana collective gardens are permitted subject to the standards of PTMC 17.16.025(C).
Foster homes	P	P	P	P	Same as above.
Fraternities, sororities and student cooperatives	X	X	C	C	Same as above.
Halfway house	X	X	X	X	See definition in PTMC 17.08.030.
Multifamily dwellings	X	C	P	P	Same as above.
Nursing, rest, or convalescent homes (7 or more persons)	X	C	P	P	Same as above. Also, noncommercial medical marijuana collective gardens are permitted subject to the standards of PTMC 17.16.025(C).
Permanent supportive housing	P	P*	P	P	Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements.   *Regardless of any other code provision, applications for conditional use permits for apartment houses in the R-II zone are minor conditional uses and processed as Type II permits per Ch. 20.01 PTMC.
Residential treatment facilities	C	C	P	P
Residential treatment facilities including group homes for the disabled (for 7 or more residents)	X	X	P	P	“Group homes” are considered an “essential public facility” under RCW 36.70A.200; “...their siting cannot be precluded by development regulations...”; and PTMC 17.16.030, Bulk, dimensional and density requirements.
Townhouses or rowhouses (zero lot lines)	X	X	P	P	Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements.
Transient use of multifamily residential uses	X	X	X	X	See PTMC 17.08.060, “Transient accommodation.”
Transitional housing	P	P*	P	P	Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Bulk, dimensional and density requirements.   *Regardless of any other code provision, applications for conditional use permits for apartment houses in the R-II zone are minor conditional uses and processed as Type II permits per Ch. 20.01 PTMC.
COMMERCIAL USES
Adult entertainment facilities	X	X	X	X
Bed and breakfast inns	C	C	C	C	PTMC 17.16.030, Bulk, dimensional and density requirements.
Child day care centers and stand alone preschools	C1	C1	C	C	(1) See PTMC 17.52.020(B) for child care as an accessory use. Child day care centers may be permitted in any residential zone through the planned unit development (PUD) process, see Ch. 17.32 PTMC. Ch. 17.52 PTMC, Child Care Facilities; and PTMC 17.16.030, Bulk, dimensional and density requirements.
Commercial uses as part of a planned unit development	P	P	P	P	PTMC 17.32.080, Modification of permitted uses – Commercial uses.
Family home child care and in-home preschools	P	P	P	P	Same as above.
Home occupations	P	P	P	P	Ch. 17.56 PTMC, Home Occupations; and PTMC 17.16.030, Bulk, dimensional and density requirements.
Tourist homes	C	C	C	C	PTMC 17.16.030, Bulk, dimensional and density requirements.
ACCESSORY USES
Accessory buildings	P	P	P	P	PTMC 17.16.030, Bulk and dimensional requirements.
Detached office/studio	P	P	P	X	Subject to home occupation regulations, Ch. 17.56 PTMC.
Fuel oil and kerosene containers	P	P	P	P	Such containers require a permit and inspection pursuant to Ch. 16.04 PTMC, Building Construction Code, may only be permitted for domestic heating purposes, must be located above ground, and may not exceed 750 gallons’ capacity.
Guest house/detached bedroom	P	P	X	X	See definition in PTMC 17.08.030. Each primary residence is limited to no more than two detached accessory living units. This may be comprised of a combination of detached ADU(s) and/or guest bedroom(s).
Garages, private residential	P	P	P	P	PTMC 17.16.030, Bulk, dimensional and density requirements.
AGRICULTURAL USES
Barns	P	C	X	X	PTMC 17.16.030, Bulk, dimensional and density requirements.
Community agricultural center	C	C	X	X	Ch. 17.84 PTMC, Conditional Uses. Structures including farmer/apprentice housing are subject to PTMC 17.16.030, Bulk, dimensional and density requirements. Community agricultural centers are limited to locations fronting onto principal arterial, collector, and minor arterial streets. All office and retail uses shall be secondary to the agricultural component of the center.
Concession stands, agricultural or produce	P	P*	X	X	PTMC 17.16.030, Bulk, dimensional and density requirements; temporary agricultural or produce stands are subject to Ch. 17.60 PTMC, Temporary Uses. *In the R-II zone, concession stands are limited to locations fronting onto principal arterial, collector, and minor arterial streets.
Crop or tree farming (no retail sales)	P	P	X	X
Crop or tree farming with community supported agriculture sales	P	P	X	X	All parking shall be off-street.
Stables, private and riding	P	C	X	X	PTMC 17.16.030, Bulk, dimensional and density requirements.
Community gardens	P	P	X	X	Community gardens are allowed as an accessory use in the R-III and R-IV zones.
Plant nurseries, landscaping materials, greenhouses (commercial)	C	C	X	X	Same as above.
Small animal husbandry, commercial	C	X	X	X	Same as above.
Small animal husbandry, noncommercial	P	P	P	P	Same as above.
U-pick sales of crops	P	P	X	X	All parking shall be off-street.
OTHER USES
Cemeteries	C	C	X	X
Churches	C	C	C	C	Church buildings must comply with the requirements of PTMC 17.16.030, Bulk, dimensional and density requirements; however, towers, spires and steeples exceeding the height requirements of that section may be allowed, provided they comply with International Building Code.
Community clubhouses	P	P	P	P	PTMC 17.16.030, Bulk, dimensional and density requirements.
Fraternal organizations	C	C	C	X	Same as above.
Kennels, animal	C	X	X	X	Same as above.
Medical marijuana, personal cultivation	P	P	P	P	PTMC 17.16.025(B); PTMC 17.16.030, Bulk, dimensional and density requirements.
Medical marijuana, noncommercial collective garden	P	P	P	X1	PTMC 17.16.025(C); PTMC 17.16.030, Bulk, dimensional and density requirements. (1) A noncommercial collective garden is allowed on a parcel containing a congregate care, assisted living, nursing, rest or convalescent home.
Public facilities	P	P	P	P	Same as above.
Personal wireless service facilities	N/A	N/A	N/A	N/A	Refer to Ch. 17.78 PTMC, Personal Wireless Service Facilities, for list of permitted, conditional and prohibited uses and other substantive requirements.
Radio and television towers	C	C	C	C	Such facilities are allowed in all zoning districts subject to the conditional use permit requirements of Ch. 17.84 PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District; and PTMC 17.16.030, Bulk, dimensional and density requirements, except as provided in applicable Federal Communications Commission rules and regulations.
Satellite dishes, noncommercial, and antennas	P	P	P	P	Satellite dishes and antennas shall meet the requirements of PTMC 17.16.030, Bulk, dimensional and density requirements, except as provided in applicable Federal Communications Commission rules and regulations.
Schools, higher education	X	X	C	C	PTMC 17.16.030, Bulk, dimensional and density requirements.
Schools (public or private)	C	C	C	X	PTMC 17.16.030, Bulk, dimensional and density requirements.
Stadiums, arenas, and assembly halls	C	C	X	X	PTMC 17.16.030, Bulk, dimensional and density requirements.
Veterinary hospitals	C	X	X	X	Same as above.
TEMPORARY USES
Contractor offices and model homes	P	P	P	P	PTMC 17.16.030, Bulk, dimensional and density requirements; and Ch. 17.60 PTMC, Temporary Uses.
Rummage or other outdoor sales	P	P	P	P	Ch. 17.60 PTMC, Temporary Uses.
Shipping or temporary storage containers	P	P	P	P	Permitted as a temporary use not to exceed 14 days; provided, that the director of the planning and community development department may establish a longer time frame in conjunction with an approved development permit or separately as a temporary use subject to Ch. 17.60 PTMC, Temporary Uses.
Yard or garage sales	P	P	P	P	Same as above.

(Ord. 3335 § 2 (Exh. C.F), 2024; Ord. 3306 § 1 (Exhs. D, E), 2023; Ord. 3287 § 5, 2022; Ord. 3272 § 1 (Exh. C), 2021; Ord. 3247 § 1 (Exhs. B, C), 2020; Ord. 3241 § 1 (Exhs. A, B), 2019; Ord. 3172 § 7 (Exh. F), 2017; Ord. 3112 § 1 (Exh. B), 2014; Ord. 3035 § 4, 2010; Ord. 3026 § 1 (Exh. A-6 § 1), 2010; Ord. 2982 § 1, 2008; Ord. 2977 § 1, 2008; Ord. 2939 §§ 4, 5, 8, 2007; Ord. 2916 § 4, 2006; Ord. 2898 §§ 2, 3, 2005; Ord. 2893 § 1, 2005; Ord. 2867 § 2, 2004; Ord. 2864 § 5(Exh. D § 2), 2004; Ord. 2837 § 2(Exh. B § 7), 2003; Ord. 2825 § 4, 2003; Ord. 2792 § 2, 2001; Ord. 2782 § 4, 2001; Ord. 2700 §§ 9, 10, 1999; Ord. 2670 § 3.2, 1998; Ord. 2571 § 2, 1997).

17.16.025 Medical marijuana, personal cultivation and noncommercial collective gardens – Standards and requirements.

A. Purpose and Intent.

1. The state of Washington, under Chapter 69.51A RCW, has determined that qualified patients (or their designated providers) with terminal or debilitating medical conditions, who, in the judgment of their health care professionals, may benefit from the medical use of cannabis (marijuana) shall not be arrested, prosecuted or subject to other criminal sanctions or civil consequences under state law, based solely on their medical use of cannabis (marijuana), notwithstanding any other provision of law.

2. This subsection is intended to acknowledge state law and accommodate the needs of Port Townsend’s qualifying patients while ensuring the character, livability and safety of its residential neighborhoods are adequately protected. Through adoption of clear local standards that are in addition to the limitations established under Chapter 69.51A RCW, the needs for medical cannabis (marijuana) patients can be met on a continual basis without adverse impacts to the neighboring properties or the general public.

3. Where permitted in the city’s residential zones, all impacts generated by medical cannabis cultivation, including cultivation done in noncommercial collective gardens as defined by this title, are limited to those roughly proportional to those associated with allowed uses (by right or through approved home occupation as provided for under PTMC 17.56.070). Furthermore, membership in noncommercial collective gardens is not intended to accommodate more than 10 specific individuals over a minimum six-month preidentified time period.

B. Personal Cultivation. The cultivation of medical cannabis by an individual qualifying patient (or their designated provider) for their personal use within his/her private residence is provided for under RCW 69.51A.040. In addition to the provisions of state law, the cultivation of medical cannabis for personal use by individual qualifying patients shall adhere to the following local standards:

1. The qualified patient (or designated provider) shall reside on the property where the medical cannabis is cultivated. Cannabis processing must occur indoors within a rigid structure (e.g., a primary or accessory building);

2. From a public right-of-way, there shall be no exterior evidence of medical cannabis cultivation on the site;

3. Cultivation or processing of medical cannabis for commercial retail purposes, wholesale or sales as a home occupation is prohibited.

C. Noncommercial Collective Gardens. Establishment of a noncommercial medical marijuana collective garden, consistent with both RCW 69.51A.085 and the limitations set forth in this chapter, is allowed in the city’s residential zones where indicated in Table 17.16.020 and is subject to the terms set forth defining such use in Chapter 17.08 PTMC as well as the following conditions:

1. A collective garden is allowed in the R-I, R-II and R-III zones only on properties that contain a detached single-family residence. They are prohibited within attached single-family homes (duplex, triplex and fourplex), within the R-IV zone and within any multifamily dwelling (five or more units) with the exception of congregate care, assisted living, nursing, rest or convalescent homes as defined by this title where one collective garden may be operated on the premises of such uses, subject to the other provisions of this section.

2. A collective garden may occur within a legal, conforming accessory building to a detached single-family residence in the authorized zones.

3. Upon registration, the noncommercial collective garden must be able to demonstrate compliance with the applicable conditions of this chapter and the requirements of the building and fire code (Chapter 16.04 PTMC).

4. All collective garden cultivation authorized by this subsection shall adhere to the following operational standards:

a. Odor. The cannabis cultivation shall not subject residents of neighboring parcels who are of normal sensitivity to objectionable odors.

b. Lighting. All lights used for cannabis cultivation shall be shielded and downcast or otherwise positioned in a manner that will not allow it to extend beyond the boundaries of the parcel upon which the collective garden is located.

c. Noise. Operation of the collective garden shall not exceed the noise levels allowed under municipal code (Chapter 9.09 PTMC).

d. Visibility. Cannabis cultivated by the collective garden shall not be grown or on display in any location visible to the public from any public right-of-way or publicly owned property.

e. Signage. There shall be no exterior signage relating to the collective garden at the site.

f. Gas Prohibited. The use of gas products (CO2, butane, etc.) for the processing of medical cannabis is prohibited. (Ord. 3112 § 1 (Exh. B), 2014).

17.16.030 Bulk, dimensional and density requirements.

A. The standards contained in Table 17.16.030 apply to all residential zoning districts, and shall be determined to be minimum requirements, unless stated as maximum by this title.

B. Exceptions.

1. Outbuildings. The rear setbacks provided in Table 17.16.030 shall not apply to accessory structures smaller than 120 square feet in building coverage and 10 feet in height; provided, that all such accessory structures shall be a minimum of five feet from rear lot and/or property lines.

2. ADUs. The maximum density provisions in Table 17.16.030 shall not apply to accessory dwelling units in the R-I and R-II zoning districts.

3. Conversion of Single-Family. The maximum density provisions in Table 17.16.030 shall not apply to conversion of a detached single-family dwelling unit into a duplex, triplex, or fourplex.

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. In addition, there shall be a five-foot setback measured from the closest edge of a public or private easement for ingress or egress. 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. “Lot line” for purposes of this section means the lot lines established for the lot by a plat, or subdivision, and does not include any line or boundary encompassing property that may be part of the lot or attached to the lot by reason of a street vacation resulting from the effect of statutory vacation (State of Washington Laws of 1889-1890, Chapter 19, section 32, “statutory vacation statute”). Easements include easements evidenced by conveyance, or recorded plat (unless extinguished by judicial determination and owner provides a copy of title insurance without any exceptions for easements whether or not of record title).

D. Daylight Plane. In R-I and R-II zones, no structure shall extend above or beyond a daylight plane having a height of 15 feet measured at the property line and extending into the parcel at an angle of 45 degrees, with the following encroachments allowed:

1. Television and radio antennas, chimneys, flues, eaves, or skylights;

2. Dormers or similar architectural features; provided, that the horizontal length of all such features shall not exceed a combined total of 15 feet on each side, measured along the intersection with the daylight plane;

3. Gables or similar architectural features; provided, that the horizontal length of all such features shall not exceed a combined total of 18 feet on each side, measured along the intersection with the daylight plane; and provided, that the intersection of the gable with the daylight plane closest to the front property line is along the roof line;

4. Where the finished first floor of an existing dwelling is more than three feet above existing grade and is being extended by an addition, the initial height of the daylight plane shall be 12 feet for a single-story residence and 21.5 feet for two or more story residences;

5. Where the slope of a parcel measured between the side property lines at the front setback is 15 percent or steeper, the initial height of the daylight plane shall be 10 feet for a single-story residence and 21.5 feet for two or more story residences on the downhill side of the parcel; and

6. Where the slope of a parcel measured between the front and rearmost points of the structure is 15 percent or steeper, the daylight plane shall be measured at the front setback line and each 30 feet thereafter, and the height limits established at these points shall be extended horizontally to the next measurement point.

7. The daylight plane requirements do not apply to the side yards of a property contiguous with a right-of-way.

E. Fences. An owner, who provides the city satisfactory evidence of title to any right-of-way vacated by statutory vacation, may erect fences in accordance with the Port Townsend Municipal Code in the former right-of-way. Satisfactory evidence of title shall be a policy of title insurance or other documentation satisfactory to the city attorney that the owner owns the property in fee simple with no exceptions or encumbrances for easements, ingress or egress whether or not of record title.

F. 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 this title and any other applicable provision of law.

 

Table 17.16.030

Residential Zoning Districts – Bulk, Dimensional and Density Requirements 

DISTRICT	R-I	R-II	R-III	R-IV
MAXIMUM HOUSING DENSITY (units per 40,000 square foot area)	4 dwelling units (Multiple dwelling units on a single lot must be contained within a single structure, except: a permitted accessory dwelling unit (ADU) may be established in a separate building if allowed by PTMC 17.16.020) (10,000 sf of lot area per unit)	8 dwelling units (Multiple dwelling units on a single lot must be contained within a single structure, except: a permitted accessory dwelling unit (ADU) may be established in a separate building if allowed by PTMC 17.16.020) (5,000 sf of lot area per unit)	16 units per 40,000 sf of lot area	48 units per 40,000 sf of lot area
MINIMUM AVERAGE HOUSING DENSITY (units per 40,000 square foot area)	__	__	10 units where a parcel and/or contiguous parcels under single ownership are 12,000 sf in size or greater; minimum average density = 1 unit/4,000 sf	15 units
MAXIMUM NUMBER OF DWELLING UNITS IN ANY ONE STRUCTURE	4 (Note: limited structures with more than 4 dwellings per structure may be permitted through the PUD process; see Chapter 17.32 PTMC)	Structures with 5, 6, 7, or 8 dwellings may be permitted through a conditional use permit	No limit	No limit
MINIMUM LOT SIZE	10,000 sf = single-family detached	5,000 sf = single-family detached	3,000 sf = single-family detached; 5,000 sf = single-family attached (duplex); 2,500 sf = each unit for a zero lot line duplex; 7,500 sf = single-family attached (triplex); 10,000 sf = single-family attached (fourplex) and 12,500 sf = multifamily(1)	__
MINIMUM LOT WIDTH	50'	50'	30' except: 100' = multifamily	__
MINIMUM FRONT YARD SETBACKS	20' except: 50' = barns and agricultural buildings	10' except: 20' for garages with vehicle access facing a street right-of-way and 50' = barns and agricultural buildings	20' except: 10' with side or rear parking/garages; garages with vehicle access facing a street right-of-way must be set back 20'; no setback for multifamily structures located within 200' of an abutting mixed use zoning district	20' except: 10' with side or rear parking; no setback for multifamily structures located within 200' of an abutting mixed use zoning district
MINIMUM REAR YARD SETBACKS	20' except: 50' = barns and agricultural buildings, and 100' if abutting an R-II, R-III, or R-IV zoning district 5' for ADUs provided the rear property line does not abut a street right-of-way and the ADU has no door or garage door facing rear property line	10' except: 100' = barns and agricultural buildings 5' for ADUs provided the rear property line does not abut a street right-of-way and the ADU has no door or garage door facing rear property line	10' except: no setback for multifamily structures located within 200' of an abutting mixed use zoning district	15' except: 20' if directly abutting an R-I or R-II district; no setback for multifamily structures located within 200' of an abutting mixed use zoning district
MINIMUM SIDE YARD SETBACKS	Minimum of 5' on either side 10' = abutting a street r-o-w; 20' for garages with vehicle access facing a street right-of-way and 50' = barns and agricultural buildings and 100' if abutting an R-II, R-III, or R-IV zoning district 5' for ADUs with no door or garage door facing side property line	Minimum of 5' on either side 10' = abutting a street r-o-w; 20' for garages with vehicle access facing a street right-of-way and 100' = barns and agricultural buildings 5' for ADUs with no door or garage door facing side property line	5' except: 10' = along a street r-o-w; 20' for garages with vehicle access facing a street right-of-way and no setback for multifamily structures located within 200' of an abutting mixed use zoning district	15' except: 20' if directly abutting an R-I or R-II district; no setback for multifamily structures located within 200' of an abutting mixed use zoning district
MAXIMUM BUILDING HEIGHT	30'	30'	35'	35'
MAXIMUM LOT COVERAGE	25% except 40% where an ADU is included in the lot	35% except 45% where an ADU is included in the lot	45%	60%
MAXIMUM FENCE HEIGHT*	Any lot line abutting a public r-o-w = 4'; any lot line not abutting a public r-o-w = 8'; rear abutting a public street r-o-w = 4'; see note below	Any lot line abutting a public r-o-w = 4'; any lot line not abutting a public r-o-w = 8'; rear abutting a public street r-o-w = 4'; see note below	Any lot line abutting a public r-o-w = 4'; any lot line not abutting a public r-o-w = 8'; rear abutting a public street r-o-w = 4'; see note below	Any lot line abutting a public r-o-w = 4'; any lot line not abutting a public r-o-w = 8'; rear abutting a public street r-o-w = 4'; see note below

(1) In order to achieve the minimum density, a subdivision of parcels 12,000 square feet or greater shall not allow individual lots larger than 4,000 square feet unless it can be assured that the minimum density will be achieved.

*Note: Maximum heights for up to 100 percent solid fences apply within any required front, side, or rear setback area or along the lot line except within the clear vision area; refer to Chapter 17.68 PTMC, Fences, Walls, Arbors and Hedges, for specific requirements. Standards apply to open and unopened right-of-way (r-o-w).

(Ord. 3323 § 1 (Exh. D), 2023; Ord. 3306 § 1 (Exhs. F, G), 2023; Ord. 3272 § 1 (Exh. F), 2021; Ord. 3247 § 1 (Exh. D), 2020; Ord. 3241 § 1 (Exhs. A, B), 2019; Ord. 3042 § 1 (Exh. A), 2010; Ord. 3038 § 1 (Exh. A), 2010¹; Ord. 3035 § 5, 2010; Ord. 2982 § 2, 2008; Ord. 2967 § 4.2, 2008; Ord. 2939 §§ 1, 2, 2007; Ord. 2913 § 2, 2005; Ord. 2825 § 4, 2003; Ord. 2782 § 4, 2001; Ord. 2716 § 4.3, 1999; Ord. 2700 § 11, 1999; Ord. 2571 § 2, 1997).

17.16.050 Cottage housing.

Repealed by Ord. 2864. (Ord. 2837 § 2 (Exh. B § 8), 2003; Ord. 2792 § 3, 2001).

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Code reviser’s note: The city council clarified amendments made by Ordinance No. 3038 with a housekeeping change at its meetings on September 20, 2010, and on August 19, 2013.