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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. V .1 ..1 , .1 . 11 1 , .1 1 11 11 • • • • all .1 .. . . .1 • �' '. B. Restoration and Reconstruction. 1. When a legal nonconforming building or structure . 1 1 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. 1 • • • •• • • .• 1 • . • 1 • • • • • • • • • • • • • • 2 e. When a legal nonconforming building or structure • •• 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 •, 1 •• ., 1 • • • •• 1 •. 11 1 .1 • • . • • 1 11• • •• • • • . • • • 1 • • • • • The extent of damage to or demolition of a nonconforming building or structure shall be determined by the Building Official. . • • 1 • • • • , 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. 4. 1 • • . • • . • C. Minor Repairs. A legal nonconforming building or structure may have minor repairs performed as needed to maintain the building in a safe condition. 2 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. 3 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; -4 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) 5 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), 6 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. 7 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: 2 Craig D. Knuts n, ity Attorney 8 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