HomeMy WebLinkAbout4035 SU~TIAKY OF:
AN ORDINANCE amending Ordinance No. 1792 relating to
land use and zoning by amending Chapter II of Title
III in order to update the provisions governing
Nonconformities; repeal Section 329 of Chapter II,
Title II~ and amend Section 328 of Chapter IIw Title
II [amended previously by Ordinance 3210, passed March
5, 1975 and Ordinance 3354 passed March 23, 1977]; and
amend Section 413 of Chapter ~II of Title II.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1
Amend Section 328 of Chapter II of Title II to read as follows:
Section 328
Every building hereafter erected or structurally altered which is
located in a Residential One District, shall provide a lot area
of not less than forty-eight hundred (4800) square feet with a
minimum width of fifty (50) feet for a single-family dwelling and
an additional one thousand (1000) square feet of land area for
each additional family or housekeeping unit. Sixty-five (65%)
per cent of the area of all sites must be left in open spaces
free of structures.
Section 2
Amend Section 413 of Chapter III to read as follows:
Section 413
Every building hereafter erected or structu~ally altered which is
located in a Residential Two District shall provide a lot area of
not less than forty three hundred (4300) square feet with a
minimum width of forty-five (45) feet for a single or two family
dwelling and an additional five hundred (500) square feet for
each additional family or housekeeping unit located on the first
story, and three hundred seventy-five (375) additional square
feet for each additional family or housekeeping unit above the
first story.
Page 1
Section 3
Amend Chapter II of Title III to read as follows:
Section 900
~j/~POH~. The purpose of this Chapter is to provide for the
continuation, alteration, conversion, or termination of certain
nonconforming uses, structures, and lots which deviate from the
regulations of the Zoning Ordinance.
Section 901
A lot which is nonconforming has less lot requirements
than required by the applicable standards for the zoning
district in which it is located, but which was lawfully
created prior to November 24, 1942.
Upon annexation of real p~operty by the City, lots
legally in existence as nonconforming lots in the
territory as annexed shall become lawfully nonconforming
lots.
D. ~eqa~.._~Lot
No land may be reduced in area that it would be in
violation of minimum lot size or dimensions of the zoning
district in which it is located.
Section 902
A. ~9/~/%i~5_D~_~QD~gpforming Use
A nonconforming use is one which was in existence on
November 24, 1942, or was legally permissible under the
City of Bremerton's original Zoning Ordinance enacted in
1942 or under subsequent amendments to that Zoning
Ordinance, but which is subsequently neither allowed as a
permitted or accessory use nor permitted by a special use
permit ir~ the zoning district in which it is located.
B. n~~. ion
Whenever a zoning district shall be hereafter changed,
any nonconforming use then in existence may be continued
unless otherwise provided in Section 902 of this Chapter
or unless caused to be discontinued by exercise of the
lawful authority of the City.
Upon annexation of real property by the City, uses
legally in existence as nonconforming uses in the
territory annexed shall become lawful nonconforming uses.
D. Change to More Res~zif~_j~
Before a nonconforming use may be changed to a less
intense use, a special use pe~it must be obtained.
Whenever a nonconforming use has been changed to a
conforming use it shall not thereafter be changed to
another nonconforming
F. ~ Nonconforming U~
No additions or enlargements shall be made to a
nonconforming use, or the structure in which it is
located and occupied to the exclusion.of any other use,
except for:
G. D_~ntin uation of
The discontinuation of a nonconforming use is defined as
the cessation or termination of the existing use which is
not allowed as a permitted or accessory use in the zoning
district in which it is located.
H. ~e a_p_a_~a_Bn~d Mai n en~
Repair and maintenance work on a structure containing a
nonconforming use may be carried out for the improvement
and restoration of safe and sanitary conditions therein,
but such repair and maintenance shall neither:
I.
Nothing in this Chapter shall be interpreted as
authorization for or approval of the continuation of the
use of a structure in violation of any ordinance in
effect at the time of the passage of this Chapter.
A. Definit. ~ of Nonconforming Struct~
A nonconforming structure is one which was legally in
existence on November 24, 1942, or was legally
permissible under the City of Bremerton's original Zoning
Ordinance enacted in 1942 or under subsequent amendments
to that Zoning Ordinance, but which does not presently
comply with required setbacks, height, lot coverage, or
any other development standards for the zoning district
in which it is located.
A nonconforming structure may be continued unless caused
to be discontinued by exercise of the lawful authority of
the City.
C.
Upon annexation of real property by the City, structures
legally in existence as nonconforming structures in the
territory annexed shall become lawful nonconforming
structures.
D. Chanqe o~ Qwnership, Tenancy, or ManaGement
Change of ownership, tenancy, or management of a
nonconforming structure shall not affect its legal
nonconforming status.
E. ~pansion of Nonconforming Structure
A nonconforming structure may be enlarged, extended or
structurally altered without _a variance provided that:
Repair and maintenance work on a nonconforming structure
may be carried out for the improvement and restoration of
safe and sanitary conditions, but repair and maintenance
shall neither:
G. Qestructigxl_D~_Nonconforming Structure
H. Unlawful Structures
Nothing in this Chapter shall be interpreted as
authorization for or approval of the continuation of the
use of a structure in violation of any ordinance or code
provision in effect at the time of the passage of this
Chapter.
Section 904 - -
CONSTRUCTION IN PROGRESS
To avoid undue hardship, nothing in this Chapter shall be
deemed to require a change in the plans, construction, or
designated use of any structure for which a complete building
permit application was filed with the City prior to the
effective date of the Chapter which rendered the structure or
its use nonconforming.
Section 905
~Qj~CON~DR~ING ~iGJt~ - RESERVED
Section 906
AMORTIZAT2tQ~
A. ~o~e
The purpose of this section is to provide for the gradual
elimination or conversion, after reasonable allowance of
time for the amortization of investments of certain class
of nonconforming uses, to encourage and promote the
orderly and benefic~a~.9_velopment ne ~= City.
B. NonconIorming Uses to be Amortized
The nonconforming use of land where no permanent legal
building is involved shall be terminated not later than
three (3) years after the effective date of this Chapter
or a later amendment which renders the use nonconforming.
IQ.t,.ice_.ei-Am9
Each owner shall be given notice by certified mail of the
date on which the amortization period will end (whose use
of property is not in conformance with the regulations of
the Zoning Ordinance). ~
D. ~D~~rmination and Order_~p~ComplM
Notice of Termination of a nonconforming use and order to
comply shall be served by the Planning Dirctor or his
authorized representative at the end of the amortization
period upon the owner of record whose property c?ntains a
nonconforming use.
E. Request for an A~~ive Continuance of
~[pj~D~$~~d of Amortiz~_~
F. ~RP-~ of the_~k&7~L~q_~tor's Determination
An appeal of the Planning Director's determination to
grant or not to grant an administrative continuance of a
nonconforming use must be filed within fourteen {14)
calendar days from the date of the determination with the
Plan- .~q Director.
· A full Text is available upon request.
APPROVED for .the City Council on the first reading this
PASSED by the City Council of the City of Bremerton,
signed by the Mayor and attested to by the City Clerk in
authentication of such passage this ~day of
~..__~, 1986.
Gene Lobe, Mayor
ATTEST:
Kathleen L. McCluskey, City Clerk
AN ORDINANCE amending Ordinance No. 1792 relating to
land use and zoning by amending Chapter II of Title
III in order to update the provisions governing
Nonconformities; repeal Section 329 of Chapter II,
Title II, and amend Section 328 of Chapter II, Title
II [amended previously by Ordinance 3210, passed March
5, 1975 and Ordinance 3354 passed March 23, 1977]; and
amend Section 413 of Chapter III of Title II.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1
Amend Section 328 of Chapter II of Title II to read as follows:
Section 328
~,IT~ A~EA
Every building hereafter erected or structurally altered which is
located in a Residential One District, shall provide a lot area
of not less than forty-eight hundred (4800) square feet with a
minimum width of fifty (50) feet for a single-family dwelling and
an additional one thousand (1000) square feet of land area for
each additional family or housekeeping unit. Sixty-five (65%)
per cent of the area of all sites must be left in open spaces
free of structures.
Section 2
Amend Section 413 of Chapter III to read as follows:
Section 413
SITE AREA
Every building hereafter erected or structurally altered which is
located in a Residential Two District shall provide a lot area of
not less than forty three hundred (4300) square feet with a
minimum width of forty-five (45) feet for a single or two family
dwelling and an additional five hundred (500) square feet for
each additional family or housekeeping unit located on the first
story, and three hundred seventy-five (375) additional square
feet for each additional family or housekeeping unit above the
first story.
Page 1
Section 3
Amend Chapter II of Title III to read as follows:
Section 900
P~RPOSE. The purpose of this Chapter is to provide for the
continuation, alteration, conversion, or termination of certain
nonconforming uses, structures, and lots which deviate from the
regulations of the Zoning Ordinance.
Section 901
~ONCONFORMING LOTS
A. Definition of Nonconforming Lots
A lot which is nonconforming has less lot requirements
than required by the applicable standards for the zoning
district in which it is located, but which was lawfully
created prior to November 24, 1942. A party asserting
the existence of a lawful nonconforming lot has the
burden of establishing that the lot ~as not substandard
according to the zoning requirements in effect at its
creation.
B. ~n~inuat~P~ add Development
1. An undeveloped nonconforming lot may be developed for
any use allowed by the zoning district provided that a
variance shall be required if the proposed structure
could not meet existing lot requirements.
2. An existing structure may be enlarged or repaired on
a nonconforming lot, except as described in 901-B-4, if
the enlargement, alteration, or repair complies with any
development standard, except for lot requirements of
width, depth, and size of the zoning district in which it'
is located.
3. A lawful nonconforming use of land not involving a
structure may be continued on a nonconforming lot.
4. When a structure on a nonconforming lot is damaged to
the extent of more than seventy-five percent (75%) of the
replacement cost of the entire building, exclusive of
foundations, at the time of damage; no structure shall be
reconstructed or repaired unless the structure is made to
conform to the lot requirements of the current zoning
district in which it is located except: a one-family
dwelling on one lot so damaged may be reconstructed or
repaired on a lot of any size upon which it had been
legally constructed provided that the requirements of the
zoning district pertaining to off-street parking, height
Page 2
and lot coverage shall be met. The Planning Director
shall determine the extent of damage.
C. AnDex~ion
Upon annexation of real property by the City, lots
legally in existence as nonconforming lots in the
territory as annexed shall become lawfully nonconforming
lots.
D. Illegal Lot~Reduction or Split
No land may be reduced in area that it would be in
violation of minimum lot size or dimensions of the zoning
district in which it is located.
Section 902
NONCONFORMING USES
A. Definition of NopcoD~orming
A nonconforming use is one which was in existence on
November 24, 1942, or was legally permissible under the
~City of Bremerton's original Zoning Ordinance enacted in
1942 or under subsequent amendments to that Zoning
Ordinance, but which is subsequently neither allowed as a
permitted or accessory use nor permitted by a special use
permit in the zoning district in which it is located.
Also, a land use without a permanent structure is a
nonconforming use when it does not meet the development
standards of the Zoning Ordinance. A nonconforming use
may either be a lawfully existing use of part or all of a
structure, or a lawfully existing use of land not
involving a structure. A party asserting the existence
of a lawfully nonconforming use has the burden of
establishing that, as of the effective date of the Zoning
Ordinance, or amendments, the use was either consistent
with the amended zoning provisions or a prior lawful
nonconforming use under those provisions.
B. Continustion
Whenever a zoning district shall be hereafter changed,
any nonconforming use then in existence may be continued
unless otherwise provided in Section 902 of this Chapter
or unless caused to be discontinued by exercise of the
lawful authority of the City.
Page 3
C. Apnex~tion
Upon annexation of real property by the City, uses
legally in existence as nonconforming uses in the
territory annexed shall become lawful nonconforming uses.
D. Change to More Restricted Use
Before a nonconforming use may be changed to a less
intense use, a special use permit must be obtained.
Whenever a nonconforming use has been changed for a less
intense use, it shall not thereafter be changed to a more
intense use, unless the site is subject to a rezoning
that permits more intense uses.
E. Change to a conforming Use
Whenever a nonconforming use has been changed to a
conforming use it shall not thereafter be changed to
another nonconforming use. Change of ownership, tenancy,
or management of a nonconforming use shall not affect its
legal, nonconforming status.
F. Expansion of Nonconforming Use
No additions or enlargements shall be made to a
nonconforming use, or the structure in which it is
located and occupied to the exclusion of any other use,
except for:
1) alterations which may be required by law; or
2) structural alterations to a conforming structure to
accommodate a conforming use provided that no
additional dwelling units result.
Nothing contained in this subsection shall in any way~
prohibit a nonconforming use from acquiring
additional off-street parking area.
G. Discontinuation of Nonconforming Use
The discontinuation of a nonconforming use is defined as
the cessation or termination of the existing use which is
not allowed as a permitted or accessory use in the zoning
district in which it is located. The substitution of
another nonconforming or the introduction of an accessory
use, except as permitted by Section 902-D, shall be
considered a discontinuation of the existing
nonconforming use.
The discontinuation for a period of one year or more of a
nonconforming use, or a change of the nonconforming use
to a conforming use, constitutes termination of the
Page 4
nonconforming status of the use. Any further use of the
lot or structure wherein the nonconforming existed prior
to termination shall be in conformity with the provisions
of the Zoning Ordinance.
H. Repair and Maintenance
Repair and maintenance work on a structure containing a
nonconforming use may be carried out for the improvement
and restoration of safe and sanitary conditions therein,
but such repair and maintenance shall neither:
1) increase the cubical content of that portion of the
structure which accomodates a nonconforming use; nor
2) constitute structural alterations allowing for an
expansion of the nonconforming use; nor
3) increase the number of dwelling units provided in a
building; nor
4) restore a structure from substantial destruction, as
is defined in this section, in or.der to resume a
nonconforming use no longer lawful.
I~ Destruction of the Nonconforming Use
1) Partial Destruction
When a structure containing a nonconforming use is
damaged, but the extent of the damage is less than
seventy-five percent (75%) of the replacement cost of
the entire structure exclusive of foundations, at the
time of damage, the nonconforming use may be
suspended for up to one year from the date of damage
without loss of its legal status. The Planning
Director shall determine the extent of damage. ~
2) S~bstantial Destruction
When a structure containing a nonconforming use is
damaged more than seventy five percent (75%) of the
replacement cost of the entire structure exclusive of
foundations, at the time of damage; the subsequent
use made of the structure shall conform to the
current zoning district in which it is located. The
Planning Director shall determine the extent of
damage.
J. Unlawful Uses
Nothing in this Chapter shall be interpreted as
authorization for or approval of the continuation of the
use of a structure in violation of any ordinance in
Page 5
effect at the time of the passage of this Chapter. The
intermittent, temporary, or illegal use of land or
structures shall not be sufficient to establish the
existence of a nonconforming use.
Section 903
NONCONFORMING STRUCTURES
A. Definition of Nonconforming Structure
A nonconforming structure is one which was legally in
existence on November 24, 1942, or was legally
permissible under the City of Bremerton's original Zoning
Ordinance enacted in 1942 or under subsequent amendments
to that Zoning Ordinance, but which does not presently
comply with required setbacks, height, lot coverage, or
any other development standards for the zoning district
in which it is located. The term "structure" shall
include, but not be limited to, prinicipal and accessory
structures, fences, edifices, signs, and other
constructions intended for use, occupancy or
ornamentation. A party asserting th~ existence of a
lawful nonconforming structure has the burden of
establishing that, as of the effective date of the Zoning
Ordinance, the structure was either:
1) Consistent with the requirements of the amended
zoning provisions, or
2) A prior lawful nonconforming structure under those
provisions, or
3) Built pursuant to the granting of a variance by the
City.
B. Continuation
A nonconforming structure may be continued unless caused
to be discontinued by exercise of the lawful authority of
the City.
C. Ann~za~
Upon annexation of real property by the City, structures
legally in existence as nonconforming structures in the
territory annexed shall become lawful nonconforming
structures.
Page 6
D. Chanqe.of Ownership, TeDan~y, or Management
Change of ownership, tenancy, or management of a
nonconforming structure shall not affect its legal
nonconforming status.
E. Expansion of Nonconforminq Struct~r~
A nonconforming structure may be enlarged, extended or
structurally altered without a variance provided that:
1) Any structural enlargement or alteration complies
with the setback, height, lot coverage, parking, and
other development standards of the zoning district in
which a structure is located;
2) The use allowed as a consequence of the structural
enlargement or alteration conforms to the zoning
district in which the structure is located; and
3) No expansion of a nonconforming use within'the
structure is allowed.
Structural alterations to a nonconforming structure may
be compelled by the City pursuant to the provisions of
Chapter 17.20 of the Bremerton Municipal Code where such
alteration is immediately necessary to protect the health
and safety of the public or occupants of the
nonconforming structure or adjacent properties.
F. Repair and Maintenance
Repair and maintenance work on a nonconforming structure
may be carried out for the improvement and restoration of
safe and sanitary conditions, but repair and maintenance
shall neither:
1)Increase the number of dwelling units provided in
a building; nor
2) Restore a structure from substantial destruction, as
defined in this section.
G. ~gStruction of a Nonconforming Structure 1) Partial Destruction
When a nonconforming structure is damaged, but the
extent of the damage is less than seventy-five
percent (75%) of the replacement cost of the entire
building, exclusive of foundations, at the time of
damage. The nonconforming structure may retain its
lawful status if the needed repair and reconstruction
are completed within one year from the date of
Page 7
damage. A 30-day extension may be granted by the
Planning Director based on unusual circumstances.
The Planning Director shall determine the extent of
damage.
2) Substantial Destruction
When a nonconforming structure is damaged to the
extent of more than seventy-five percent (75%) of the
replacement cost of the entire building, exclusive
of foundations, at the time of damage; no structure
shall be reconstructed or repaired unless the
structure is made to conform to the lot requirements
of the current zoning district in which it is located
except: A one-familyy dewelling on one lot so
damaged may be reconstructed or repaired on a lot of
any size upon which it had been legally constructed
provided that the requirements of the zoning district
pertaining to off-street parking, height and lot
coverage shall be met. No reconstructed or repaired
structure shall further encroach upon an existing
nonconforming situation. The Planning Director shall
determine the extent of damage.
H.~ Unlawful Structures
Nothing in this Chapter shall be interpreted as
authorization for or approval of the continuation of the
use of a structure in violation of any ordinance or code
provision in effect at the time of the passage of this
Chapter.
Section 904
CONSTRUCTION IN PROGRESS
To avoid undue hardship, nothing in this Chapter shall be
deemed to require a change in the plans, construction, or "~
designated use of any structure for which a complete building
permit application was filed with the City prior to the
effective date of the Chapter which rendered the structure or
its use nonconforming.
Section 905
NONCONFORMING SIGNS - RESERVED
Section 906
Page 8
AMORTIZATION
A. Purpose
The purpose of this section is to provide for the gradual
elimination or conversion, after reasonable allowance of
time for the amortization of investments of certain class
of nonconforming uses, to encourage and promote the
orderly and beneficial development of the City. This
section is intended to apply to uses without permanent
buildings which are incompatible with the conforming uses
in the surrounding neighborhood and with the goals and
policies of the Comprehensive Plan. The method of
amortization of these nonconformities provides for
safeguards against unnecessary hardship in application
through:
1) a minimum period of three (3) years for such
amortization,
2) the requirement of repeated notice of the impending
completion of the appropriate amortization period,
and
3) procedures for administrative continuances and appeal
to the City Council.
It is declared that the policy of requiring the
termination of certain nonconforming uses through
amortization, subject to those exceptions set forth, is
in the public interest and intended to promote the
general health, safety, and welfare.
B. Nonconforming Uses to be Amortized
The nonconforming use of land where no permanent legal
building is involved shall be terminated not later than
three (3) years after the effective date of this Chapter '~
or a later amendment which renders the use nonconforming.
At the end of the designated amortization period, the
nonconforming use shall be brought into conformity with
the requirements of the zoning district in which it is
located or be terminated within ninety (90) calendar
days, unless an administrative continuance is obtained.
C. Notice. of Amortization
Each owner shall be given notice by certified mail of the
date on which the amortization period will end (whose use
of property is not in conformance with the regulations of
the Zoning Ordinance). The notice shall be sent in a
timely manner and shall be filed for record with the
County Auditor. If the amortization period ends before
or less than six months after knowledge of the
Page 9
nonconformity, notice shall be given to the owner of
record that the amortization period in each instance
shall be not less than six months from the date the
notice is sent. The notice shall set forth all pertinent
provisions of this Chapter, including the declared
purposes thereof. Failure to send notice by mail to any
owner where the address of the owner is not a matter of
public record after a reasonable effort has been made to
locate these owners, and failure to record notice, shall
not invalidate any proceeding under this Chapter.
D. Notice. o~ Termination and Order to Comply
Notice of Termination of a nonconforming use and order to
comply shall be served by the Planning Dirctor or his
authorized representative at the end of the amortization
period upon the owner of record whose property contains a
nonconforming use. In those instances where the Planning
Director is unable with reasonable effort to serve notice
on the property owner, notice and order.shall be served
within thirty (30) calendar days of the end of the
amortization period by delivering same to a lessee of the
property containing the nonconforming use.
E. Request for an Administrative Continuance of
Nonconformities Beyond Period of Amortization
A request for a continuance of nonconformities beyond the
period of amortization may be granted as follows:
1) ~ro~nds fo~ ContinuaDc¢ - A nonconforming use may be
maintained beyond its period of amortization as
specified in this section if the Planning Director
makes the following determinations:
a. Specia~ Circumstances - that special circum-
stances apply to non-conforming use on a
particular property which do not apply generally
to the property of others affected by this
Chapter; and
b. Compatability with Public Welfare - that a
continuance for a prescribed period of additional
time is in the public interest and will be
reasonably compatible with and not detrimental
to the use of adjacent properties.
2) Application Process for Continuance - Any application
for an administrative continuance of a nonconforming
use must be filed with the Planning Division within
ten (10) calendar days following the service of a
Notice of Termination and Order to comply or within
ten (10) calendar days following the continued
termination date. An application for a continuance
Page 10
may be filed by the owner of the property, a person
with a power of attorney from the owner of this
property, or a lessee, if the terms of the lease
permit the existing use.
3) Notice of Application for Continuance - The Planning
Department shall give notice of an application for an
administrative continuance of a nonconformity by
mailing a written notice to the owners of the
property situated in whole or in part within a radius
of two hundred and fifty (250) feet of the exterior
boundaries on the assessor's parcel(s) of the
property on which the nonconformity is located.
Names and addresses shall be obtained by the
applicant from the last equalized assessment role.
In addition, notice shall be posted at conspicuous
places near the site of the nonconformity.
4) Determination by Planning Director - The Planning
Director shall investigate the matter and make a
decision within seventy-five (75) calendar days from
the date the application is filed, or within extended
period of time as may be mutually agreed upon by the
applicant and the Planning Director. The decision
~ shall be explicitly based on the criteria for
approval set out in this section, and shall be
supported by written findings of fact. The Planning
Director may impose conditions, including time
limitations, as he or she deems necessary to insure
the compatibility of a nonconformity with adjacent
properties. The written determination shall be filed
as a public record.
F. Appeals of the Planning Director's Determination
An appeal of the Planning Director's determination to
grant or not to grant an administrative continuance of a
nonconforming use must be filed within fourteen (14)
calendar days from the date of the determination with the
Planning Director. The Planning Commission shall sustain
the decision of the Planning Director after a public
hearing if the Commission determines that one or more of
the following conditions apply:
1) That the nature of the use is such that it
can be altered or terminated so that the property can
be used in conformity with the uses permitted in the
zone in which it is located without impairing the
constitutional rights of any person; or
2) Except in the case of a dedicated cemetery, that the
nonconforming use is detrimental to the public health
or safety or is a public nuisance.
Page 11
APPROVED for the City Council on the first reading this
~ day of i~c~ , 1986.
PASSED by the City Council of the City of Bremerton,
signed by the Mayor and attested to by the City Clerk in
authentication of such passage this 2_. day of
e Lo-be,
ATTEST:
Kathleen L. McCluskey, City Clerk
Page 12