HomeMy WebLinkAbout2092 Zoning - Restoration and Reconstruction of Damaged Buildings 1
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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
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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.
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~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
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