HomeMy WebLinkAbout3078 Adopting Certain Amendments to the Narrative Text and Tables of Chapter 17.88 Ordinance 3078
Non-Conforming Use Amendments
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2 ORDINANCE NO. 3078
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4 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
5 ADOPTING CERTAIN AMENDMENTS TO
6 THE NARRATIVE TEXT AND TABLES OF CHAPTER 17.88
7 NONCONFORMING LOTS, STRUCTURES, AND USES AND CHAPTER 20.01
8 LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES OF THE PORT
9 TOWNSEND MUNICIPAL CODE (PTMC), ALL IN A MANNER CONSISTENT
10 WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH
11 MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW).
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13
14
15 RECITAL:
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17 The City Council of Port Townsend finds as follows:
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20 1. The Port Townsend Comprehensive Plan, adopted in 1996 to comply with the
21 1990 Growth Management Act (GMA), provides guidance for the community on
22 accommodating growth and redevelopment in a manner that respects the natural
23 and built environment and enhances the community.
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25 2. Title 17 (Zoning) of the Port Townsend Municipal Code was adopted in 1997 to
26 fully implement the Comprehensive Plan.
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28 3. The 2008 economic recession represents changed circumstances since adoption of
29 the 1996 Comprehensive Plan and associated 1997 Title 17 (Zoning). Proposed
30 amendments to the nonconforming use provisions would allow greater flexibility
31 to legal non-conforming uses which would facilitate economic development while
32 providing appropriate safeguards to ensure public health and safety and
33 community character.
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35 4. Assumptions upon which the Comprehensive Plan is based are still valid. The
36 proposed action would help implement both Port and City plans. The proposal
37 would allow the Port's shipyard at Boat Haven to function more efficiently(e.g.,
38 by moving nonconforming uses away from marine-related uses so that the
39 marine-related uses can be better served by the haul-out). The City's
40 Comprehensive Plan provides that the City should "provide opportunities for
41 manufacturing development and diversification of the local economy." (Land Use,
42 Goal 9.)
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44 5. The community's vision as documented in the Comprehensive Plan places special
45 emphasis on building the strength and vitality of existing businesses.
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Non-Conforming Use Amendments
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1 Furthermore, it acknowledges the delicate relationship between economic
2 development and community character... "This closeness reinforces the tie
3 between Port Townsend's economy, culture and a large residential community.
4 People live here because they enjoy being in the midst of the natural beauty and
5 cultural amenities of Port Townsend." In keeping with the community vision, the
6 proposed amendments would allow greater flexibility to existing legal
7 nonconforming uses to support the economy while incorporating safeguards to
8 protect community character.
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10 6. This ordinance has been developed in conformance with the requirements for land
11 use code text revisions set forth in Section 20.04.090 PTMC.
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13 7. Opportunities were provided for meaningful citizen participation employed in this
14 amendment process are consistent with the requirements of the GMA (§§
15 36.70A.035, 36.70A.130, and 36.70A.140 RCW) and the procedures set forth in
16 Chapter 20.04 PTMC.
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18 8. On June 14, 2012, after timely and effective public notice, the Planning
19 Commission conducted an open record public hearing to accept public testimony
20 on the proposed amendments to Chapters 17.88 and 20.01 PTMC. Following the
21 close of the public hearing, the Planning Commission reviewed the record,
22 deliberated, and by a vote of 4 in favor and 0 opposed, recommended adoption of
23 the proposed amendments.
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25 9. On July 16, 2012, after timely and effective notice, the City Council conducted an
26 open record public hearing to accept public testimony on the proposed
27 amendments as recommended by the Planning Commission. At the close of
28 public hearing, the Council deliberated upon the proposal.
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30 10. The City Council finds that opportunities provided for meaningful citizen
31 participation in this amendment process are consistent with the requirements of
32 the GMA (36.70A RCW) and the procedures set forth in Chapter 20.04 PTMC.
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34 11. The City Council finds that the amendments to Chapters 17.88 and 20.01 PTMC
35 recommended herein have been reviewed under the State Environmental Policy
36 Act (Chapter 43.21C RCW and chapter 197-11 WAC) and Chapter 19.04 PTMC,
37 On May 30, 2012, the SEPA Responsible Official issued a Determination of Non-
38 Significance, Adoption of Existing Environmental Documents and Notice of
39 Availability of SEPA Addendum. No comments were received during the public
40 review period. A Final SEPA Determination was issued on June 22, 2012.
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42 12. The City Council finds that Code amendments set forth herein are wholly
43 consistent with the Community Direction Statement contained in Chapter III of
44 the Plan, and the review and amendment procedures set forth in Section 20.04
45 PTMC.
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Non-Conforming Use Amendments
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2 13. All audio taped and written record of the Planning Commission and City
3 Council's deliberations during the meeting and hearings described in the above
4 findings are incorporated herein by this reference.
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6 14. Consistent with the requirement of the GMA, Planning staff provided notice of
7 intent to adopt the proposed development regulation amendments to the State
8 Department of Commerce for review and comment prior to the adoption of this
9 ordinance (RCW 3 6.70A.106). No substantive comments were received from
10 DOC prior to the adoption of this ordinance.
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12 15. This ordinance has been prepared in conformance with the goals and requirements
13 of the GMA (Chapter 36.70ARCW) and is externally consistent and compatible
14 with the 14 state-wide planning goals contained with in the GMA (RCW
15 36.70A.020).
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17 16. This ordinance has also been reviewed against the requirements of the County-
18 wide Planning Policy for Jefferson County(CWPP) and has been found by the
19 Council to be in conformance therewith.
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21 17. Based upon the foregoing findings, the Council finds that adoption of the
22 amendments to the narrative text and tables of Chapters 17.88 and 20.01 PTMC
23 will promote the public health, safety and welfare of the citizens of Port
24 Townsend and should be approved.
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26 NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record
27 before the Port Townsend Planning Commission and City Council, the City Council
28 hereby ordains as follows:
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30 SECTION 1. Amend Chapter 17.88 NonconforminIZ Lots, Structures, and Uses as
31 indicated in Exhibit A.
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34 SECTION 2. Amend Section 20.01.040 Project permit application framework,
35 Table 1 -Permits/Decisions, to add nonconforming change of use as a Type I permit
36 and Nonconforming Relocation/Expansion as a Type II permit as follows:
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38 20.01.040 Project permit application framework.
39 These tables provide guidance to permit applications. In the event of a conflict between the table
40 and a development code, the development code shall apply.
Table 1 —Permits/Decisions
Type 1' Type I-A Type 11 Type III Type IV Type V
Ordinance 3078
Non-Conforming Use Amendments
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Table 1 —Permits/Decisions
Type 1' Type I-A Type II Type III Type IV Type V
Permitted uses Binding site Short subdivisions Preliminary full Final plats' Site-specific
not requiring plans subdivisions; plat rezones'
notice of vacations, including consistent with
application (e.g., short subdivisions that the Port
building permits, involve right-of-way Townsend
etc.) vacations or plat Comprehensive
alterations Plan, including
R-11 and III cottage R-1/major CUP cottage rezones
housing housing developments considered in
developments conjunction
with the annual
comprehensive
plan
amendment
process
Lot line Lot line adjustments Recognition/subdivision Final planned Development
adjustments resulting in lot of 10 or more lots of unit regulations
reorientation record developments
(PUDs)'
Minor Historic Plat and short plat Shoreline management Zoning text
amendments to preservation extensions permits(major amendments
planned unit certificates of shoreline substantial and zoning
developments approval development permits, map
(PUDs) (design conditional use permits, amendments
review) variances)
Minor Commercial, Revisions to PUDs and major Annexations
modifications to multifamily, shoreline amendments to PUDs
approved and mixed management permits
preliminary short use Type IA Commercial,
and full permits per multifamily, cottage
subdivisions/plats Chapter and mixed use Type
17.46 PTMC 11 permits per Chapter
17.46 PTMC
Nonconforminq— Nonconforming Use—
Change of Use Relocation/Expansion
Ordinance 3078
Non-Conforming Use Amendments
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Table 1 —Permits/Decisions
Type 1' Type I-A Type II Type III Type IV Type V
Sign permits Recognition/ Critical areas permits Major variances Shoreline
certification of master program
9 or fewer (SMP)
lots of record amendments
Temporary uses Minor variances Major CUPs Other land use
and utility plans
and
amendments
Street use Shoreline Minor conditional use
permits exemptions permits (CUPs)
Land Tree removal All personal wireless All personal wireless
clearing/grading activity facility permits and service facility permits
combined minor variances and major variances
with described as Type 11 described as Type III
statement of permit applications in permit applications in
intent not to Chapter.1.7_,78. PTMC Chapter 17.78 PTMC
convert
commercial
forest lands,
Chapter
19.06 PTMC,
Article II
Home Tree removal Tree removal activity
occupations activity classified as a tree
requiring a conservation permit
written approval, Chapter
exemption, 19.06 PTMC, Article
Chapter II
19.06 PTMC,
Tree
Conservation,
Article 11
Minor critical Minor Minor shoreline
area permits modifications permits(minor
Street to approved shoreline substantial
Ordinance 3078
Non-Conforming Use Amendments
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Table 1 —Permits/Decisions
Type 1' Type 1-A Type 11 Type III Type IV Type V
development tree development permits,
permits conservation minor conditional use
permits or permits, minor
tree variances)
conservation
plans,
Chapter
19.06 PTMC,
Tree
Conservation
Assignment of a project to Type I, I-A, or II status shall not limit or restrict the public notice and procedures
available pursuant to Chapter 43.21 C RCW (SEPA)and Chapter 19.04 PTMC if a project is deemed to be subject
to SEPA review.
2 Pursuant to regulatory reform (RCW 36.70B.060), site-specific rezones authorized by a comprehensive plan or
subarea plan, but excluding the adoption or amendment of a comprehensive plan processed as a Type V
application with a notice of application and provided only one open record hearing before the planning
commission and one closed hearing before the city council. Certain legislative decisions, including site-specific
rezones, are subject to rules governing quasi-judicial proceedings.
'Final plats and final PUD plans are approved by the city council pursuant to PTMC 13.16.150 and 17,32.150
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3 SECTION 3. Severabitity. If any sentence, clause or phrase of this ordinance should be
4 held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
5 or unconstitutionality shall not affect the validity or constitutionality of any other section,
6 sentence, clause or phrase or work of this ordinance.
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8 SECTION 4: Transmittal TO DOC and DOE. The City Clerk shall transmit a copy
9 of this Ordinance to the State Department of Commerce (DOC) and Department of
10 Ecology (DOE) within ten (10) days of adoption of this ordinance.
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13 SECTION 5. Effective Date
14 This Ordinance shall take effect immediately after passage if adopted by a majority plus
15 one of the City Council. Otherwise this ordinance shall take effect and be in force five
16 days after the date of its publication in the manner provided by law Publication of this
17 ordinance shall be by summary there of consisting of the title.
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19 Adopted by the City Council of the City of Port Townsend, Washington, at a regular
20 meeting thereof, held this 6th day of August 2012.
Exhibit A to Ordinance 3078
Amendment to PTMC 17.88 Nonconforming Lots, Structures and uses
Page 1 of 6
Chapter 17.88
NONCONFORMING LOTS, STRUCTURES AND USES
Sections:
17.88.010 Purpose.
17.88.020 Nonconforming lots—Consolidation.
17.88.030 Nonconforming structures.
17.88.040 Nonconforming uses.
17.88.xxx Relocation or expansion of nonconforming uses
17.88.050 Building permits and certificates of occupancy prohibited.
17.88.060 Removal of illegal nonconforming structures and uses.
17.88.010 Purpose.
These provisions provide for the consolidation of nonconforming lots of record in common
ownership, 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 into conformity
with the goals and policies of the Port Townsend 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. Nonconforming lots are legally buildable only if in conformance
with the provisions of this chapter. Nonconforming structures and uses shall be eliminated as
rapidly as possible without infringing upon the constitutional rights of property owners. (Ord. 2571
§ 2, 1997).
17.88.020 Nonconforming lots—Consolidation.
Lots of record in existence prior to the effective date of this title and any amendments thereto
which do not meet the requirements set forth in this title are considered nonconforming lots of
record and are legally buildable subject to the following conditions:
A. Consolidation Clause. Where two or more contiguous lots of record are under one ownership
and one or more of the lots is nonconforming, they are considered to be consolidated and may
not be sold or otherwise separated so as to create any resulting nonconforming lots.
B. Exemptions. The following shall be exempt from the nonconforming lot consolidation
requirements set forth in subsection A of this section:
1. Any transfer, sale or conveyance of a nonconforming lot or lots for the purpose of
acquisition of property to preserve environmentally sensitive areas;
Exhibit A to Ordinance 3078
Amendment to PTMC 17.88 Nonconforming Lots, Structures and uses
Page 2 of 6
2. Any transfer, sale or conveyance of a nonconforming lot or lots to the city of Port
Townsend;
3. Any transaction for the sale or conveyance of a nonconforming lot or lots where the
parties executed a real estate purchase and sale agreement, real estate contract or other
legally valid transaction document on or before April 11, 1997;
4. Any transfer, sale or conveyance of a fully developed nonconforming lot that is
contiguous with another fully developed lot under the same ownership, conforming or
nonconforming; provided, that both lots were fully developed prior to April 11, 1997; and
provided further, that before any such transfer, sale or conveyance, the improvements
serving both lots must be found to be consistent with the city's engineering design
standards, as may be amended.
5. Any transfer, sale or conveyance of a nonconforming lot that is contiguous with another
lot under the same ownership, conforming or nonconforming, that was ever held as a
separate lot in separate ownership prior to April 11, 1997; provided, that before any such
transfer, sale or conveyance, the improvements serving both lots must be found to be
consistent with the city's engineering design standards, as may be amended.
C. On-Site Sewerage Disposal. Under the limited circumstances where construction is permitted
without connection to the city's wastewater treatment facility(pursuant to Chapter 13.22 PTMC,
Sewer Connections), all lots must be in compliance with the rules and regulations of the Jefferson
County health department, regarding on-site sewerage disposal to be legally buildable. Where
there is a conflict between the provisions of this section and the rules of the Jefferson County
health department, the more restrictive rules shall apply.
D. Compliance with Bulk and Dimensional Requirements and Engineering Design Standards. All
new structures or additions to structures on any lot must meet all setback, height and other
construction requirements for the zone in which the property is located. Additionally, the permit
applicant shall comply with all applicable engineering design standards.
E. Lot Line Adjustments and Restrictive Covenants. A lot line adjustment or restrictive covenant
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.
F. Planned Unit Developments Encouraged. Where nonconforming lots are under one ownership,
the owner is encouraged to seek development approval taking advantage of the flexible
standards, incentives and procedures set forth in Chapter 17.32 PTMC, Planned Unit
Developments.
Exhibit A to Ordinance 3078
Amendment to PTMC 17.88 Nonconforming Lots, Structures and uses
Page 3 of 6
G. Lots Created before 1937. Notwithstanding this section, for any lots created by platting prior to
1937 (the effective date of the State Subdivision Act, RCW 58.17), the city may require
compliance with RCW 58.17 and Title 18 PTMC prior to issuing building permits for the
development of lots in common ownership. The applicant shall comply with the requirements of
Chapter 18.18 PTMC, Subdivision and Recognition of Lots of Record. (Ord. 2700 § 31, 1999;
Ord. 2571 § 2, 1997).
17.88.030 Nonconforming structures.
A structure that lawfully existed prior to the effective date of the ordinance codified this title and
does not meet the applicable bulk, dimensional and density requirements is a nonconforming
structure, and may continue even though the structure fails to conform to the present
requirements of the zoning district in which it is located. A nonconforming structure may be
maintained as follows:
A. A nonconforming structure which is damaged to an extent of one-half or more of its
replacement cost immediately prior to such damage may be restored only if made to conform to
all provisions of this title. However, any residential structures, including multifamily structures, in a
residential zoning district destroyed by a catastrophe, including fire, may be reconstructed up to
the original size, placement and density. Structural repair shall be complete within two years after
the catastrophe.
B. Necessary repairs and alterations may be made to nonconforming residential structures,
including multifamily structures, located in residential zoning districts.
C. A nonconforming building or structure may be repaired and maintained as provided in and as
limited by this section. The maintenance of such building or structure shall include only necessary
repairs and incidental alterations, which alterations, however, shall not extend the nonconformity
of such building or structure; provided, that necessary alterations may be made as required by
other law or ordinance.
D. Changes to interior partitions or other nonstructural improvements and repairs may be made to
a nonconforming commercial, mixed use, and marine-related or manufacturing structures;
provided, that the cost of the desired improvement or repair does not exceed one-half of the
replacement cost of the nonconforming structure over any consecutive five-year period.
E. The replacement cost of a structure shall be determined by the director of the development
services department.
F. A building or structure, nonconforming as to the bulk, dimensional and density requirements of
this title, may be added to or enlarged if such addition or enlargement conforms to the regulations
Exhibit A to Ordinance 3078
Amendment to PTMC 17.88 Nonconforming Lots, Structures and uses
Page 4 of 6
of the district in which it is located. In such case, such addition or enlargement shall be treated as
a separate building or structure in determining conformity to all of the requirements of this title.
G. Historic Structures. Reserved. (Ord. 2892 § 1, 2005; Ord. 2700 § 32, 1999; Ord. 2571 § 2,
1997).
17.88.040 Nonconforming uses-General Application:
A nonconforming use is one that lawfully existed prior to the effective date of the ordinance
codified in this title, but which is no longer permitted in the zoning district in which it is located.
The continuance of a nonconforming use is subject to the following provisions:
A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its
nonconforming status; provided, that the use does not change or intensify.
B. If a nonconforming use is discontinued for a period of 365 or more consecutive calendar days,
it shall lose its nonconforming status, and the continued use of the property shall be required to
conform with the provisions of this title.
C. Additional development of any property on which a nonconforming use exists shall require that
all new uses conform to the provisions of this title.
D. If a nonconforming use is converted to a conforming use, no nonconforming use may be
resumed.
E. Unless otherwise authorized by this chapter, a No nonconforming use may not be replaced by
another nonconforming use, nor may any nonconforming use be expanded, intensified, or
changed in anyway. (Ord. 2571 § 2, 1997).
G. Application to change a nonconforming use to another nonconforming use shall be reviewed
administratively by the Director of DSD (Type 1). The director may approve, or approve with
conditions, an application for change of use if all of the following findings are made:
1. Impacts generated by the proposed use would be comparable to the existing nonconforming
use, or if different, would not be incompatible with the purpose and intent of the district;
2. The change will not result in enlargement of the space occupied by the existing nonconforming
use excepting for certain pre-existing nonconforming uses in the M-II(A)district as delineated in
Section 17.88.xxxB. below; and
3. The proposal is for a use which is of a similar nature or of a nature more inkeeping with the
purposes of the district than the existing nonconforming use.
Exhibit A to Ordinance 3078
Amendment to PTMC 17.88 Nonconforming Lots, Structures and uses
Page 5 of 6
4 When a nonconforming use is changed in accordance with this section the property shall not
thereafter be used for a more intense nonconforming use.
17.88.xxx Relocation or expansion of nonconforming uses- MII-(A) District
In order to provide flexibility while maintaining the marine-related industrial focus of the
Boat Haven the following provisions shall apply to legal, pre-existing non-conforming
uses established within the M-II (A) zoning district on or before May 8, 2012. These
nonconforming uses may relocate within the district and/or expand as provided by this
section and may as provided in Section 17.88.040 change use. Under no circumstance
May the number of nonconforming uses in the district exceed three in number(unless
future code changes result in more nonconforming g ses).
A Application to relocate a nonconforming use in the MII-(A) district shall be reviewed
administratively by the Director of DSD (Type II). The director may approve, or approve with
conditions an application for relocation GhaRge of use upon finding that all of the following have
been satisfied:
1. The relocation does not increase the number of nonconforming uses in the district;
2. Granting the relocation will not displace an existing marine-related use unless such
prior use is extinguished throuqh closure or relocation out of the district; or assurances
acceptable to the director have been made that the displaced marine-related use will be
relocated elsewhere within the M-II (A) District;
3. The nonconforminq use is to be located outside the 200'jurisdiction of the Shoreline
Management Act; and
4. Granting the request will not be materially detrimental to uses or property in the
immediate vicinity of the subject parcel.
B. Application to expand a nonconforming use in the MII-(A) district shall be reviewed
administratively by the Director of DSD (Type II). The director may grant the application upon
making the following findings:
1. Such expansion does not exceed an additional 1,500 square feet in floor area. The
expansion area shall be cumulatively measured over the life of the non-conforming use
and shall not exceed a total of 1,500 square feet. For example, if an existing
nonconforming use of 800 square feet expands to 1,600 square feet, then future
expansion of that use (or a permitted replacement use) is limited to another 700 square
feet; and
Exhibit A to Ordinance 3078
Amendment to PTMC 17.88 Nonconforming Lots, Structures and uses
Page 6 of 6
2 Granting the request will not be materially detrimental to uses or property in the
immediate vicinity of the subject parcel;
17.88.050 Building permits and certificates of occupancy prohibited.
A. Nonconforming Structure. 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.
B. Nonconforming Uses.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. 2571 § 2, 1997).
17.88.060 Removal of illegal nonconforming structures and uses.
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 1.20 PTMC, Code Administration and Enforcement. (Ord. 2952§ 1, 2008; Ord. 2571 § 2,
1997).
Ordinance 3078
Non-Conforming Use Amendments
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5 David King, Ma or
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7 Attest: Approved as to Form:
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11 Pamela Kolacy, MMC John P. Watts
12 City Clerk City Attorney
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