§ 17.95.040. Nonconforming structures.

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)