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HomeMy WebLinkAbout3645 I I 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. ` 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. I � 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: 2 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 3 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 ;, 4 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