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HomeMy WebLinkAbout2092 Zoning - Restoration and Reconstruction of Damaged Buildings 1 2 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 2O 21 22 2~ 24 25 26 27 28 29 ~0 ~2 ~4 Ordinance No ~O~ AN ORDINANCE RELATING TO ZONING, PROVIDING FOR THE RECONSTRUCTION OF NONCONFORMING BUILDINGS DAMAGED BY FIRE OR OTHER CALAMITY AND AMENDING CHAPTER 17, SECTION 52.070, OF THE PORT TOWNSEND MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: ~. Section 17.52.070 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.52.070 Restoration of damaged building. A nonconforming building or structure having been damaged or partially destroyed by fire, or other calamity, to an extent not exceeding fifty percent of its real value, exe~usive-e~ ~e~da%iensx at that time, may be restored to its immediately previous occupancy or use existing at the time of such partial destruction, may be continued or be resumed, provided the work of construction is commenced within one year of the date of such partial destruction, and provided further that such restoration not increase the extent or degree of nonconformity beyond that which existed prior to the damage. Whenever a nonconforming building or structure is damaged in excess of fifty percent of its real valuation, exetusive-e~-~eunda%iens~ at the time, the repair or reconstruction of such building shall conform to all of the regulations of the district in which it is located and it shall be trested as a new building; provided..that any ~pch d~maged building or structure which had been lawfully - 1 - ! 2 3 4 5 6 ? 8 9 ~0 12 ~3 14 15 16 l? 18 19 20 21 22 23 24 25 26 established on a non-conform~n~ lot may be reconstructed. and provided further that such reconstruction not increase the extent or de~ree of non-conformitY beyond that which existed prior to the damage. Notwithstandin~ any other ~rovision of this section. whenever a building which contains a nonconforming use or uses is damaged in excess of fifty percent of its real value, the repair or reconstruction of such buildln~ shall conform to all of the regulations of the district in which ~t is located and shall be treated as a new building. The determination of the ~ercenta~e of destruction shall rest with the build~n~ official and shall be based on the estimated cost of restor~n~ the ~ortion of the buildin~ destroyed ~n relation to the estimated replacement cost of the entire structure, exclusive of foundations. In addition, if such building is moved for any reason for any distance whatever, then in any such event, the building and the land on which the destruction or moving is located shall be subject to the regulations specified in this title for the district in which such land and buildings are located. - 2 - 1 2 3 4 5 6 ? 8 9 1! 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 3O ~D~ Severabilitv. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Effective Date. This ordinance shall become effective five days after its passage and publication. PASSED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this / 4~- day of ~ , 1987. Signed Brent Shi;~ David A. ~r~v~, City ~Clerk/ .~ Kei%h Ha~per, ~y Attorney -3-