HomeMy WebLinkAbout3009ORDINANCE NO. long
AN ORDINANCE of the City of Port Angeles, Washington, amending
provisions in the Zoning Code regarding nonconforming buildings and
substandard lots and amending Ordinance 1709 as amended and Chapters
17.08, 17.95, and 17.96 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 1709 as amended and Chapter 17.95 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 17.95.030 to read as follows:
17.95.030 Nonconforming Building or Structure.
A. Enlargement and-Extension. An existing legal building or structure that does not
comply conform with zoning and building code requirements shall not be enlarged or extended, if
such enlargement results in an increase in the degree of noncompliance conformance.
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B. Restoration and Reconstruction.
1. When a legal nonconforming building or structure
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is damaged or demolished to an extent that does not exceed 75% of
the existing assessed value of the building or structure for tax purposes, said building or structure may
be restored or reconstructed, providing:
a +. Restoration or reconstruction is started within nine (9) months and is
completed within 18 months of the date of that damage or demolition occured, or, if such date is
unknown, then the date that the damage or demolition is reported, or reasonably capable of being
reported, to the City.
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2 e. When a legal nonconforming building or structure
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is damaged or demolished to an extent that exceeds 75% of the
existing assessed value of the building or structure for tax purposes, said building or structure may
be restored or reconstructed, providing it conforms to all construction code and zoning
regulations of the zone in which it is located
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The extent of damage to or demolition of a nonconforming building or structure shall be
determined by the Building Official.
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, If any aggrieved party disputes
the Building Official's determination of the extent of the damage or demolition, then a panel of three
state - licensed architects/engineers, one to be chosen by the City, one by the building owner, and the
third by the first two appraisers architects /engineers, shall make a final determination of the extent
of the damage to or demolition of the nonconforming building or structure. All costs incurred in
obtaining the estu GJ this final determination are to be paid by the bum aggrieved party.
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C. Minor Repairs. A legal nonconforming building or structure may have minor
repairs performed as needed to maintain the building in a safe condition.
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D. Nonconformance as a Result of Annexation. All above regulations shall apply
to each nonconforming structure or building which comes within the City by means of annexation.
Section 2. Ordinance 1709 as amended and Chapter 17.96 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 17.96.040 to read as follows:
17.96.040 Substandard Lots, Recorded Lots.
A. When a lot has less than the minimum required area or width-or depth in any
zone, and said lot was of record on the effective date of these Zoning Regulations, such lot shall be
deemed to have complied with the minimum required lot area or -width, ordepth in such zone.
B. A legal building or structure may be permitted on said lot of record providing it
meets all othe requirements for such zone.
Section 3. Ordinance 1709 as amended and Chapter 17.08 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 17.08.030, PAMC 17.08.065, and PAMC
17.08.090 to read as follows:
17.08.030 - "E"
A. Enlargement - An increase in the size of an existing structure or use, including
physical size of the property, building, parking, and other improvements.
AB. Environmentally Sensitive Area - an area which includes any of the following
critical areas and ecosystems: wetlands, streams or stream corridors, frequently flooded areas,
geologically hazardous areas (erosion, landslide, or seismic hazard areas), significant fish and wildlife
habitat areas, and locally unique natural features (ravines, marine bluffs, or beaches and associated
coastal drift processes). (Ord. 2861 §1 (part), 3/17/95)
BC. Erected - construction of any building or structure or the structural alteration of
a building or structure, the result of which would be to change the exterior walls or roof or to
increase the floor area of the interior of the building or structure. (Ord. 2861 §1 (part), 3/17/95; Ord.
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2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
ED. Establishment, Business or Commercial - a place of business carrying on an
operation, the ownership and management of which are separate and distinct from those of any other
place of business located on the same zoning lot. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part),
9/27/91; Ord. 1709 §1 (part), 12/22/70)
DE. Existing (pre - existing) - a use, lot, or building that existed at the time of the
passage of these Regulations. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord.
1709 §1 (part), 12/22/70)
17.08.065 - "L"
A. Landfill, Sanitary - an area devoted to the disposal of refuse, including
incineration, reduction, or dumping of ashes, garbage, combustible and non - combustible refuse, and
industrial solid wastes. (Ord. 2861 §1 (part), 3/17/95)
B. Legal Building, Structure, Land Use - any building, structure or use of the land
that complies with all zoning requirements. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part),
9/27/91; Ord. 1709 §1 (part), 12/22/70)
C. Legal Nonconforming Building or Structure - A legally established building or
structure which met the applicable zoning code requirements in effect at the time the building or
structure was constructed, but which fails by reason of such adoption, revision or amendment of the
Zoning Code, to conform to the present requirements of the zone in which it is located.
ED. Level of Service - an established minimum capacity of public facilities or services
that must be provided per unit of demand or other appropriate measure of need. (Ord. 2861 §1
(part), 3/17/95)
DE. Lot - a lot is a zoning lot, except as the context shall indicate a lot of record, in
which case a lot is a "lot, of record ". (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91;
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Ord. 1709 §1 (part), 12/22/70)
BF. Lot Area - the total area within the lot lines of a lot, excluding any primary access
easements or panhandles. (Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94)
FG. Lot, Corner - a lot situated at the intersection of two or more streets. (Ord. 2861
§1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part),
12/22/70)
GH. Lot, Reverse Corner - a corner lot in which the rear property line coincides with
the side property line of an abutting lot. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91;
Ord. 1709 §1 (part), 12/22/70)
HI. Lot, Through - a lot having two opposite lot lines abutting public streets which
are usually more or less parallel to each other; not a corner lot. Both lot lines abutting streets shall
be deemed front lot lines. (Ord. 2861 §1 (part), 3/17/95; Ord. 2652 §1 (part), 9/27/91; Ord. 1709
§1 (part), 12/22/70)
U. Lot, Zoning - a single tract of land located within a single block, which at the time
of filing for a building permit, is designated by its owner or developer as a tract to be used,
developed, or built upon as a unit, under single ownership or control. A zoning lot may or may not
coincide with a lot of record. (Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652 §1
(part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
JK. Lot Line, Front - that boundary of a lot which abuts a street. When two or more
boundaries abut a street, the boundary with the narrowest width shall be considered the front lot line,
unless otherwise specified on a plat. On a panhandle lot, the front lot line and setbacks shall be
determined during the subdivision approval process, or, if not determined during subdivision review,
shall be determined by the Planning Director. (Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part),
3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
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KL. Lot Line, Rear - that boundary of a lot which is most distant from and is most
nearly parallel to the front lot line. (Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652
§1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
LM. Lot Line, Side - any boundary of a lot which is not a front nor a rear lot line.
(Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1
(part), 12/22/70)
MN. Lot Coverage - the amount or percent of the ground area of a lot on which
buildings are located. This amount/percent shall include all buildings which are partially or totally
enclosed and covered by an impervious roof, including any garages, carports, covered patios, and
cantilevered portions of a building, and structures covered by an impervious roof even if not fully
enclosed. Lot coverage does not include the first horizontal 30 inches of the roof overhang nor does
it include uncovered decks and porches not higher than 30 inches from the ground. (Ord. 2956 §1,
4/25/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94)
NO. Lot of Record - a parcel of land that is registered as a lot or parcel of land in the
records of the County Auditor. (Ord. 2861 §1 (part), 3/17/95; Ord. 2796 §2, 2/11/94; Ord. 2652
§1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70)
OR Lot Width - the horizontal distance between side lot lines measured at right angles
to the lot depth at a point midway between the front and rear lot lines, or at the front setback line,
provided the average horizontal distance between side lot lines must also meet or exceed the
minimum lot width required. (Ord. 2861 §1 (part), 3/17/95; Ord. 2839, 10/14/94; Ord. 2796 §2,
2/11/94)
17.08.090 - "R"
A. Reclassification - a change in zoning boundaries upon the zoning map which is
an official part of these Zoning Regulations. (Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part),
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12/22/70)
B. Reconstruction - the act of constructing again.
BC. Recreation Facility or Area, Non - Commercial - a facility or area for recreation
purposes, such as a swimming pool, park, tennis court, playground. or other similar use operated and
maintained by a non -profit club or organization. (Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part),
12/22/70)
ED. Residence - a building or structure, or portion thereof, which is designed for and
used to provide a place of abode for human beings. The term "residence" includes the term
"residential" as referring to the type, or intended use, of a building. (Ord. 2652 §1 (part), 9/27/91;
Ord. 1709 §1 (part), 12/22/70)
DE. Residential Care Facility - a residential facility that provides care for at least five
(5) but not more than fifteen (15) people with functional disabilities and is as defined in RCW
70.128.175 and as required to be licensed by the State as a "Boarding Home" pursuant to Chapter
18.20 RCW. (Ord. 2948 §5 (part) 2/14/97; Ord. 2652 §1 (part), 9/27/91)
F. Restoration - the act of putting back or bringing back into a former or original
state.
EG. Roof - a structure covering any portion of a building or structure, including the
projections beyond the walls or supports. (Ord. 2948 §5 (part), 2/14/97; Ord. 2652 §1 (part),
9/27/91; Ord. 1709 §1 (part), 12/22/70)
Section 4 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
Ordinance to other persons or circumstances, is not affected.
Section 5 - Effective Date. This Ordinance shall take effect five days after the date of
publication.
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PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 2nd day of February , 1999.
ATTEST:
Becky J. U
A)
ty Clerk
PUBLISHED: February 7, 1999
By Summary
MCA9805.WPD
YOR
APPROVED AS TO FORM:
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Craig D. Knuts n, ity Attorney
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Summary of Ordinance Adopted by the
Port Angeles City Council
on February 2, 1999
Ordinance No. 3009
This Ordinance of the City of Port Angeles, Washington, amends provisions in the Zoning
Code regarding nonconforming buildings and substandard lots and amends Ordinance No.
1709, as amended, and Chapters 17.08, 17.95, and 17.96 of the Port Angeles Municipal
Code.
The full text of this Ordinance is available at City Hall in the City Clerk's office or will be maile d
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This
Ordinance shall take effect five days after the date of publication of this summary.
Becky J. Upton
City Clerk
Publish: February 7, 1999