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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington amending
Chapter 17.95 of the Port Angeles Municipal Code relating to
zoning nonconforming uses.
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THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Ordinance 1709 as amended, and Chapter 1.7.95 of the Port Angeles
Municipal Code are hereby amended by adding to 17.95.030 as follows:
17.95.030- Nonconforming uses.
A. Continuance of nonconforming use. Any use lawfully existing prior to the adoption date of
(these Zoning Regulations (January 4, 1971) may be continued at the size and in the manner of
'operation existing upon such date, except as hereinafter specified.
B. Termination of nonconforming use. Except as otherwise specified in this chapter, the right P p P to
operate and maintain a nonconforming use shall tenninate when the structure(s) or building(s)
housing such use are destroyed by any means to an extent of more than 75 percent of its replacement
cost at the time of destruction. Replacement cost is determined by utilizing the most currently
adopted City of Port Angeles building valuations as established for building permits. However, in
the event a structure or building housing a nonconforming use is damaged by natural disaster or
catastrophe, including fire, the nonconfonning use may be reestablished through a conditional use
permit procedure as set forth in Chapter 17.96 of this title. Such reestablishment shall comply to
the maximum extent reasonably feasible with the requirements of these Zoning Regulations.
C. Changes to or expansions of nonconforming uses. When any lawful nonconforming use of
any structure or land in any district has been changed to a conforming use, it shall not thereafter be
changed to any nonconforming use, except as hereinafter specified.
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1. Lawful nonconforming nonresidential use. A lawful nonconforming nonresidential use may
be changed to another nonconforming nonresidential use, or expanded, by obtaining an
administrative conditional use permit as described in Chapter 17.96 of this Title.
a. Criteria. To approve a conditional use pen-nit to change or expand a nonconforming
nonresidential use, the proposed nonconfonning use must be more appropriate to the zone where
the property containing the use is located than the existing nonconforming use, and that no unsafe
or unhealthy conditions are perpetuated. In making such a determination, the following criteria in
addition to the criteria applicable to all conditional use permits shall be considered:
1) Traffic impacts, both on-site and off-site;
2) Off-street parking and loading requirements;
3) The visual impact on the surrounding area; II
4) The degree of compliance with the adopted growth policy and this chapter;
5) The level of conflict with other uses in the surrounding area;
6) The presence of other nonconformities in the surrounding area;
7) The degree to which any existing unsafe or hazardous conditions would be mitigated;
8) The viability of the subject structure; and
9) On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination,
or other environmental impacts.
2. Lawful nonconforming residential use. A lawful nonconforming residential use may be
reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with
the underlying zone. A lawful nonconforming residential use shall not be permitted to increase the
number of dwelling units. The expansion of a nonconforming residential use may occur up to 20
percent of the existing total residential area, as long as the number of dwelling units on the lot is
not increased. Any expansion beyond 20 percent of the existing total residential area, requires an
administrative conditional use permit to be obtained per the criteria listed in section 17.95.030.0.La
PANIC. In instances where new construction is allowed, all appropriate development review
approvals as required by the PANIC and a City building permit shall be obtained prior to the
initiation of construction.
3. Reconversion to siLigle-family residence. Any single-family residence lawfully constructed in
the Commercial, Neighborhood (CN) and Community Shopping District (CSD) zones before
January 4, 1971, which was subsequently converted to a permitted use as set forth in PAMC
17.21.040 and 17.22.040,may be reconverted to single-family residence if the following conditions
are met:
a. The repairs, alteration, and remodel meet all applicable zoning and fire and building code
requirements;
b. The alterations do not include demolition of the existing legal building or structure to an extent
of more than 75 percent of its replacement cost at the time of demolition. Replacement cost is
determined by utilizing the most currently adopted City of Port Angeles building valuations as
established for building permits-, and
c. Project plans and construction timeline are approved in advance by the City and the alterations
do not continue beyond one year from the date that alterations commence.
D. Repairs, alteration, remodeling. A legal, conforming building or structure housing a
nonconforming use shall be permitted to be repaired, altered and remodeled, providing said repairs,
alteration, and remodel meet all applicable zoning and fire and building code requirements and
provided further that said alterations do not:
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I Intensify or otherwise redefine the nonconforming use;
2. Include demolition of the existing legal building or structure to an extent of more than 75
percent of its replacement cost at the time of demolition. Replacement cost is determined by
utilizing the most currently adopted City of Port Angeles building valuations as established for
building permits; and
3. Continue beyond one yeaf from the date that alterations eemmenee,or-if stieh date is unknown,
then the date that the altefations wefe fifst feported, of feasonably eapable of being r-epofted, to th
C4ty—. Project plans and construction timeline are approved in advance by the City and the alterations
,do not continue beyond one year from the date that alterations commence.
E. Change of ownership. Change in ownership, tenancy, or management of a legal
Inonconfortning use shall not affect its nonconforming status;provided,that the use does not change
i or intensify.
F. Abandonment. If any legal nonconforming use is abandoned and/or ceases for any reason
whatsoever for a continuous period of one year, any future use of such land and/or building or
structure shall be in conformity to the zone in which it is located as specified by these regulations.
Cr.
� Nonconformance as a result of annexation. All above regulations shall apply to each
,nonconforming use that comes within the City by means of annexation from date of annexation.
H. Building permits and certificates of*occupancy prohibited. When any nonconforming use is
no longer permitted pursuant to the provisions of this chapter, no permit for a use shall thereafter
be issued for further continuance, alteration or expansion. Any permit issued in error shall not be
construed as allowing the continuance of the nonconforming use
Section 2. - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
the correction of the scrivener's/clerical errors, references to other local, state, or federal laws, codes,
rules or regulations,or ordinance numbering,section/subsection numbers and any references thereto.
Section 3. -Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 4. - Effective Date. 1his Ordinance, being an exercise of a power specifically
delegated to the City legislative body,is not subj ect to referendum.This ordinance shall take effect
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l five (5) days after passage and publication of an approved summary thereof consisting of the
title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council
held on the 6h day of November,2019..
Sissi Bruch Ma
or Y
APPR ED
ASTO FORM:
illiam E. Bloor, City Attorney
ATT ST:
Kari Martinez-Bailey, Ci :
Ilei
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Summary of Ordinances Adopted by the Port Angeles City Council on November 6, 2019
ORDINANCE NO.3639
AN ORDINANCE of the City of Port Angeles.,Washington amending Chapter 17. 08 of the Port Angeles Municipal
Code relating to zoning.
ORDINANCE NO.3640
AN ORDINANCE of the City of Port Angeles,Washington amending sections of Chapter 17. 10 of the Port
Angeles Municipal Code relating to zoning.
ORDINANCE NO.3641
AN ORDINANCE of the City of Port Angeles,Washington amending sections of Chapter 17. 11 of the Port
Angeles Municipal Code relating to zoning.
ORDINANCE NO.3642
AN ORDINANCE of the City of Port Angeles. Washington amending sections of Chapter IT 12 of the Port
Angeles Municipal Code relating to zoning.
ORDINANCE NO.3643
AN ORDINANCE of the City of Port Angeles, Washington amending sections of Chapters 17. 21, 17. 22, 17. 23,
17.24,and 17.25 of the Port Angeles Municipal Code adding multi- family housing relating to zoning.
ORDINANCE NO.3644
AN ORDINANCE of the City of Port Angeles,Washington amending sections of Chapter 17. 94 of the Port
Angeles Municipal Code relating to zoning.
ORDINANCE NO.3645
AN ORDINANCE of the City of Port Angeles Washington amending Chapter 17. 95 of the Port Angeles Municipal
Code relating to zoning nonconforming uses.
ORDINANCE NO.3646
AN ORDINANCE of the City of Port Angeles, Washington amending sections of Chapter 2.74 of the
Port Angeles Municipal Code relating to public records.
These ordinances are not subject to referendum and shall take effect 5 days after passage and publication
of summary.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at
www.cityof-ba.us or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to
5:00 p.m.
Karl Martinez-Bailey
City Clerk
Published by summary: Sunday, November 10, 2019