031-16 - Ordinance - Amending Chapter 16.35 Nonconforming Uses and StructuresORDINANCE NO. 031-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTER 16.35 TO CLARIFY THAT NONCONFORMING
USES AND STRUCTURES WITHIN THE 200 FOOT SHORELINE ZONE ARE SUBJECT TO
THE CITY'S SHORELINE MASTER PROGRAM; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City wishes to clarify that nonconforming uses and structures within the
200 foot shoreline zone as established in the City's shoreline master program are subject to the
requirements and regulations of the City's shoreline master program; and
WHEREAS, on August 2, 2016, the City provided required 60-day notice of its intent to
amend its development regulations to the Department of Ecology and the Department of
Commerce; and
WHEREAS, on August 26, 2016, the City's SEPA official issued a determination of non-
significance for the proposed amendments and there have been no appeals; and
WHEREAS, on September 14, 2016, the Planning Commission held a duly-noticed public
hearing on the proposed amendments, and public testimony was received, and the Planning
Commission recommended approval of the proposed changes; and
WHEREAS, on October 11, 2016, the City Council approved the proposed amendments
(Ord. 031-16); now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Port Orchard Municipal Code Chapter 16.35 is hereby amended to read as
follows:
16.35.030 Nonconforming uses - Applicability.
(1) All nonconforming uses, lots and structures shall be subject to the provisions
of this chapter; provided that uses and structures within the two hundred foot
Ordinance No. 031-16
Page 2 of 3
(200 ft) shoreline zone as established in Chapter 2 of the city's shoreline master
program are also subject to the provisions of the city's shoreline master
program. If a conflict appears to exist between the provisions of this chapter
and the shoreline master program, the shoreline master program shall
supersede and control.
(2) Any use, structure or other site improvement not established in compliance with use
and development standards in effect at the time of establishment shall be deemed
illegal and shall be discontinued or terminated and subject to removal pursuant to the
provisions of the Port Orchard Municipal Code.
(3) The provisions of this chapter do not supersede or relieve a property owner from
compliance with:
(a) The requirements of the International Building and Fire Codes, and other
superseding regulations such as SEPA and the shoreline master program.
(b) The provisions of this code beyond the specific nonconformance addressed by this
chapter.
(c) Protecting the general health, safety, and welfare of the public.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 11th day of October 2016.
oX 0 ° °o o r> ° °
O *.
Robert Putaansuu, Mayor
Ordinance No. 031-16
Page 3 of 3
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
ron Cates, City Attorney Bek Ashby, Councilmembe
PUBLISHED: October 28, 2016
EFFECTIVE DATE: November 2, 2016
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held October 11th, 2016.
ORDINANCE NO. 031-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTER 16.35 TO CLARIFY THAT NONCONFORMING
USES AND STRUCTURES WITHIN THE 200 FOOT SHORELINE ZONE ARE SUBJECT TO
THE CITY’S SHORELINE MASTER PROGRAM; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 031-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 031-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, October 28th, 2016