A.

All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, all enlargements of or additions to existing uses occurring hereafter, shall be subject to these zoning regulations that are applicable to the zones in which such buildings, uses, or land shall be located.

B.

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of these zoning regulations, and provided that construction has begun by said date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and upon completion may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions in regard to nonconforming buildings, uses and structures.

(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)

A.

In the interpretation and application of these zoning regulations, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and welfare.

B.

Where the conditions imposed by any provisions of these zoning regulations upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these zoning regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations that are most restrictive (or that impose higher standards or requirements) shall govern.

C.

These zoning regulations are not intended to abrogate any easement, covenant, or any other private agreement; provided that where these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements in these zoning regulations shall govern.

D.

No building, structure, or use that was not lawfully existing at the time of the adoption of these zoning regulations shall become or be made lawful solely by reason of the adoption of these zoning regulations, and to the extent and in any manner that said unlawful building, structure or use conflicts with the requirements of these zoning regulations, said building, structure, or use remains unlawful.

(Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)

House trailers, automobiles, automobile trailers, mobile homes, park model manufactured homes, boats, recreation vehicles, vacation trailers and campers shall not be used for residential purposes in the City of Port Angeles except in approved trailer parks, the Port Angeles Boat Haven (boats only), or as permitted by section 17.96.075 PAMC (Temporary use permit), section 17.13.020 PAMC (Residential Trailer Park Overlay Zone), or section 17.21.020 PAMC (ADUs).

(Ord. 3710 § 1, 3/21/2023; Ord. 3390 § 11, 1/30/2010; Ord. 3272, 2/16/2007; Ord. 3155 § 18, 1/30/2004)

A.

When uncertainty exists as to the boundaries of zones as indicated on the Official Zoning Map, the following rules shall apply:

1.

Boundaries shown on the zoning map as approximately following the centerline of streets, alleys, highways or City limits shall be construed as following such centerlines and City limits.

2.

Distances not specifically indicated on the zoning map shall be determined by applying the scale of the map.

3.

Where a zone boundary line parallel, or approximately parallel, to a street divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than 25 feet. Where such zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of these regulations covering the more restrictive portion of such lot shall extend to the entire lot.

4.

Where a zone boundary line divides a lot of single ownership and such line is at right angles or approximately at right angles to the street, highway or place upon which said lot fronts, the provisions of these regulations applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of 25 feet from such zone boundary line, whichever is the lesser distance.

5.

Where a zone boundary line, as indicated on the zoning map, follows the top or bottom of a bluff or bank, such line shall be at the point that is the average grade of the slope for the bank and top, or bottom, as determined by the City Engineer.

B.

Interpretation on zoning boundaries shall be made consistent with the City's Comprehensive Plan goals, policies and objectives.

(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)

When a lot has less than the minimum required area or width in any zone, and said 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.

A building or structure may be permitted on said lot of record providing it meets all other requirements for such zone.

(Ord. 3272, 2/16/2007; Ord. 3009 § 2, 2/12/1999; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2238 § 17, 1/3/1983; Ord. 1709 § 1 (part), 12/22/1970)

Zoning lot covenants, as defined in PAMC 17.08.130.C, may only be used to allow a property owner to designate two or more adjacent lots as a single lot of record, when the existing two or more lots:

A.

Have a legal residential structure encroaching onto said lots; or

B.

Results in a lot that meets the zoning and subdivision requirements.

A zoning lot covenant is not intended to allow the circumvention of applicable platting regulations and is intended to allow the consolidation of properties by a property owner for development and use by the owner.

The covenant shall be recorded with the County Auditor's Office and a copy of the recorded covenant shall be provided to the Department of Community and Economic Development. Once filed, the covenant may only be removed through compliance with RCW 58.17 and Chapter 16.04 or 16.08.

(Ord. 3577 § 1, 3/21/2017); Ord. 3272, 2/16/2007; Ord. 2863 § 1, 4/14/1995)

Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed §§ 17.96.050—17.96.090 which pertained to conditional, administrative conditional and unclassified use permits; minor deviations; hearing and appeals of permit applications; temporary use permits; variances; and filing fees. See the Code Comparative and Disposition List for full derivative history of said repealed sections.

On its own action, or if requested by the City Council, the Planning Commission shall cause to be prepared official controls that, when adopted by ordinance by the City Council, will further the objectives and goals of the comprehensive plan. The Planning Commission may also draft such regulations, programs and legislation that, in its judgment, are required to preserve the integrity of the comprehensive plan and assure its systematic execution. The Planning Commission may recommend such plans, regulations, programs and legislation to the City Council for adoption.

(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)

A.

In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the comprehensive plan and the entire zoning regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the zoning map.

B.

Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council.

C.

No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by its own action any amendment or change in the boundaries of any of the zones in these regulations.

(Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)

Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.110 entitled "Subdividing," which derived from: Ord. 3548 § 25, adopted Jan. 5, 2016; Ord. 2861 § 1 (part), adopted Mar. 17, 1995; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.

A.

The Director of Community and Economic Development shall have the authority to enforce all provisions of this ordinance. No oversight or dereliction on the part of the Director of Community and Economic Development or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this title.

B.

No permit or license for any use, building, or purpose shall be issued by any official or employee of the City of Port Angeles if the same would be in conflict with the provisions of this title or any other ordinance now in force referring to this title. Any permit or license so issued shall be null and void.

C.

In the event any person, firm, or corporation should use, erect, construct, move, or alter, or attempt to use, erect, construct, move or alter any property, building or structure in violation of the provisions of this title, the same is hereby declared a public nuisance and the City Attorney shall have the authority to bring and to prosecute an action in any court of competent jurisdiction to enjoin such person, firm, or corporation from continuing such use, erection, construction, moving or altering. If such use, erection, construction, moving, or alteration is being or has been accomplished, the City Attorney shall enjoin such person, firm, or corporation from maintaining same.

(Ord. 3272, 2/16/2007; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 14, 5/15/1991; Ord. 1709 § 1 (part), 12/22/1970)

The Building Official, Fire Marshal, and the Planning or Public Works staff, in the performance of their official functions and duties, may, on notification, except in an emergency, enter upon any land and make examinations and surveys necessary to carry out this title. Provided, that such entries and examinations do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof.

(Ord. 3742 § 9(Att. I), 12/17/2024; Ord. 3710 § 1, 3/21/2023; Ord. 3272, 2/16/2007; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)

Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.140 entitled "Notice of public hearings," which derived from: Ord. 3272, adopted Feb. 16, 2007; Ord. 2911 § 2, adopted Mar. 29, 1996; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; Ord. 2636 § 18, adopted May 15, 1991; Ord. 2595 § 2, adopted June 27, 1990; and Ord. 1709 § 1 (part), adopted Dec. 22, 1970.

Editor's note— Ord. 3742 § 9(Att. I), adopted Dec. 17, 2024, repealed § 17.96.150 entitled "Appeals," which derived from: Ord. 3719 § 1, adopted Sept. 5, 2023; Ord. 3548 § 25, adopted Jan. 5, 2016; Ord. 2990 § 5, adopted May 15, 1998; Ord. 2668 § 12 (part), adopted Jan. 17, 1992; and Ord. 2595 § 3, adopted June 27, 1990.

The City's Code revisor is authorized and directed to make minor organizational changes to the zoning code necessary for codification, and to prepare for City Council adoption a codification of the entire City zoning code, including all zoning code amendments that have been approved by the City Council.

(Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991)

Application. Any person wishing to apply for an amendment to this zoning ordinance must submit a completed application and a filing fee as set forth in a resolution authorized by Chapter 1.25 PAMC (see Appendix A) to the Department of Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW.

(Ord. 3719 § 1, 9/5/2023; Ord. 3272, 2/16/2007; Ord. 2932 § 35, 10/11/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 19, 5/15/1991)

Any person, firm, or corporation violating any provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a term not to exceed six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.

(Ord. 2668 § 12 (part), 1/17/1992; Ord. 1709 § 1 (part), 12/22/1970)

Editor's note— Ord. 3577 § 1, adopted Mar. 21, 2017, deleted Table A, the table following § 17.96.180, entitled, "Conditional Uses in Residential Single-Family Zones that have Special Developmental Standards," which derived from Ord. 3332 § 11, adopted April 25, 2008. See § 17.94.065.