Chapter 11
Nonconforming Development (Nonconforming Uses, Structures and Lots)
SECTIONS:
11.1 Nonconforming Development
11.1 Nonconforming Development
Nonconforming development includes shoreline uses and structures which were lawfully constructed, established, or created prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not conform to present regulations or standards of the Master Program or policies of the act. In such cases, the standards of this Chapter shall apply.
11.2 Nonconforming Uses
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11.2.1 |
Nonconforming uses includes shoreline uses which were lawfully established prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not conform to present regulations or standards of the Master Program or policies of the act. The continuance of a nonconforming use is subject to the following standards: |
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. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to this Master Program and the Act;
c. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed;
d. A nonconforming use which is moved any distance must be brought into conformance with the Master Program and the Act; and
e. 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 to the provisions of this Master Program and the Act.
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11.2.2 |
A use which is listed as a conditional use but which existed prior to adoption of the Master Program for which a Conditional Use Permit has not been obtained shall be considered a nonconforming use. |
11.3 Nonconforming Structures
Nonconforming structures includes shoreline structures which were lawfully constructed or placed prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not conform to present bulk, height, dimensional, setback, or density requirements.
Nonconforming structures may continue even though the structures fail to conform to the present requirements of the environmental district in which they are located. A nonconforming structure may be maintained as follows:
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11.3.1 |
A nonconforming structure that 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 size, placement and density that existed prior to the catastrophe. Structural repair shall be complete within two years after the catastrophe unless the Shoreline Administrator grants an extension for just cause. |
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11.3.2 |
Necessary repairs and alterations that do not increase the degree of non- conformity may be made to nonconforming residential structures, including multifamily structures, located in residential zoning districts. |
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11.3.3 |
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. |
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11.3.4 |
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. |
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11.3.5 |
The Shoreline Administrator shall determine the replacement cost of a structure. |
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11.3.6 |
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 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. |
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11.3.7 |
A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. |
11.4 Nonconforming Lots
Undeveloped lots, tracts, parcels, or sites located landward of the ordinary high water mark that were established prior to the effective date of the Act and the Master Program, but that do not conform to the present lot size or density standards are considered nonconforming lots of record and are legally buildable subject to the following conditions:
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11.4.1 |
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. |
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11.4.2 |
Exemptions The following shall be exempt from the nonconforming lot consolidation requirements set forth in section 11.4.1: |
a. Any transfer, sale or conveyance of a nonconforming lot or lots for the purpose of acquisition of property to preserve environmentally sensitive areas;
b. Any transfer, sale or conveyance of a nonconforming lot or lots to the City of Port Townsend;
c. 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;
d. 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 those standards may be amended; and
e. 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 those standards may be amended.
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11.4.3 |
All new structures or additions to structures on any nonconforming lot must meet all setback, height and other construction requirements of the Master Program, the Act, and must also comply with all applicable engineering design standards. |
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11.4.4 |
A lot line adjustment or restrictive covenant approved by the City shall be required prior to issuance of a building permit when a nonconforming lot or lots and a conforming lot are contiguous and owned by the same person(s)/entity. |
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11.4.5 |
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 Land Divisions 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. |