It is the purpose and intent of this chapter to recognize that some lots, structures and uses within the community were established prior to the adoption of these Zoning Regulations, and subsequent amendments, and do not conform to the present requirements of the zone in which they are located. It is further the intent of the City to allow legal nonconforming lots, structures and uses to continue, but to prohibit or limit the enlargement, expansion or extension of such uses to ensure the underlying purpose of the City's zoning districts are upheld and abide by the goals and policies of the comprehensive plan. These provisions provide for the development of the community's platted lots, the allowance of repair and rehabilitation of the community's existing and historic building stock and the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses to conformity with the goals and policies of the comprehensive plan. This chapter is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish criteria under which such structures and uses may be continued or possibly expanded, and to provide for the correction or removal of such nonconformities in an equitable, reasonable and timely manner.

(Ord. 3577 § 1, 3/21/2017)

A.

Substandard lots, recorded lots. Substandard lots of record that have less than the minimum required area or width in any zone, and the lot was of record on the effective date of these zoning regulations (January 4, 1971), such lot shall be deemed to have complied with the minimum required lot area or width, in such zone.

B.

Compliance with bulk and dimensional requirements. All new structures or additions to structures on any nonconforming lot must meet all setback, height and other construction requirements for the zone in which the property is located.

C.

Boundary line adjustments, restrictive covenants, and parcel consolidation. A boundary line adjustment, restrictive covenant, or parcel consolidation approved by the City shall be required prior to issuance of a building permit when a nonconforming and conforming lot are contiguous and owned by the same person. A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone.

(Ord. 3577 § 1, 3/21/2017)

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 to operate and maintain a nonconforming use shall terminate 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 nonconforming 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.

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 permit to change or expand a nonconforming nonresidential use, the proposed nonconforming 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;

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 subsection 17.95.030.C.1.a PAMC. In instances where new construction is allowed, all appropriate development review approvals as required by the PAMC and a City building permit shall be obtained prior to the initiation of construction.

3.

Reconversion to single-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:

1.

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.

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 nonconforming use shall not affect its nonconforming status; provided, that the use does not change 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.

G.

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.

(Ord. 3645 § 1, 11/6/2019; Ord. 3577 § 1, 3/21/2017)

A.

Continuance of nonconforming structure. Any structure or building lawfully existing prior to the adoption date of these Zoning Regulations (January 4, 1971) may be continued at the size and in the location existing upon such date except as hereinafter specified, or in the case of signage as specified in Title 14 PAMC.

B.

Termination of nonconforming structure. Except as otherwise specified in this chapter, the right to maintain the size and location of a nonconforming structure or building shall terminate when the structure(s) or building(s) 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 legal, nonconforming structure or building is damaged by natural disaster or catastrophe, including fire, the nonconforming structure may be reestablished to the extent that it existed before the time of damage, and within the pre-existing, nonconforming structure boundaries, provided that the restoration or reconstruction do not increase the degree of nonconformity and provided that such restoration or reconstruction begins within one year of the date of such damage.

C.

Minor repairs. An existing legal, nonconforming building or structure that does not comply with zoning requirements shall be permitted to be repaired.

D.

New construction. An existing legal building or structure that does not comply with zoning and building code requirements shall be permitted to be altered, remodeled and expanded, providing the alteration, remodel and expansion meet all applicable zoning and fire and building code requirements and provided further that said new construction does not:

1.

Increase in the degree of nonconformity by more than one percent.

2.

Include demolition of the existing legal, nonconforming 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 two years from the date that new construction commences, or if such date is unknown, then the date that the new construction were first reported, or reasonably capable of being reported, to the City.

The extent of damage to or demolition of a nonconforming building or structure shall be determined by the Building Official. If any aggrieved party disputes the Building Official's determination of the extent of the damage or demolition, a review by a third party (by a City approved consultant) may be obtained. All costs incurred in obtaining this third party review are to be paid by the aggrieved party.

E.

Nonconformance as a result of annexation. All above regulations shall apply to each nonconforming structure or building that comes within the City by means of annexation.

F.

Building permits and certificates of occupancy prohibited. When any nonconforming structure is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure.

(Ord. 3577 § 1, 3/21/2017)

Nothing contained in this chapter shall be construed to allow for the continuation of illegal structures and uses. Illegal structures and uses shall be removed subject to the provisions of Chapter 8.30, Nuisances, PAMC.

(Ord. 3577 § 1, 3/21/2017)