Chapter 17.101
GENERAL PROVISIONS
Sections:
17.101.030 Purpose and intent.
17.101.040 Use districts and map.
17.101.050 Maintenance of the comprehensive plan map.
17.101.060 Interpretation of district boundaries.
17.101.070 Use, occupancy and erection to comply with these regulations.
17.101.010 Title.
This title shall be known and may be cited as the zoning development ordinance of the city of Battle Ground, Washington. (Ord. 95-769 § 5 (part), 1995)
17.101.020 Authority.
This zoning ordinance, which constitutes a part of the land development regulation codes of the city of Battle Ground, is enacted pursuant to the requirements and authority of RCW 36.70A.040 (the Washington State Growth Management Act) and the police powers of the city. (Ord. 95-769 § 5 (part), 1995)
17.101.030 Purpose and intent.
It is the intent of the city council to provide uniform, equitable and reasonable standards to govern the development and use of land, buildings and structures in the interest of health, safety, aesthetics and general welfare of the city, pursuant to the city’s police powers. The city council finds that harmonious and orderly development can best be promoted under these regulations. The text continued in this title and the maps of the comprehensive plan for the city of Battle Ground establish and constitute a part of the comprehensive plan and development regulations for the city of Battle Ground, by describing the specific uses and restrictions that apply to land use districts in the land use element of the comprehensive plan. These regulations are intended to allow use and development of property that is in compliance with the goals, objectives and policies of the city of Battle Ground as expressed in the comprehensive plan.
It is the purpose of the ordinance codified in this title to classify, designate and regulate the development of land for residential, commercial, industrial and public land uses as a means of implementing the Battle Ground comprehensive plan text and map; to provide adequate open spaces for light, air, and the prevention of fires; to provide the economic and social advantages which result from an orderly, planned use of land resources; to provide for desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of population densities; to provide for the preservation of adequate space for industrial, commercial and other activities necessary for a healthy economy; to lessen congestion in the streets; to seek alternative transportation options in conformance with the adopted transportation plan; to stabilize expectations regarding future development, thereby providing a basis for wise decisions with respect to such development; to provide for judicious, efficient, timely, and reasonable administration respecting the due process set forth in this title and other applicable laws; and to protect and promote the public health, safety, aesthetics and general welfare.
It is determined that benefits from the comprehensive plan and development regulations will accrue in the form of more secure property values, economy in public services, improved neighborhood characteristics, greater health, safety and general welfare, and improved aesthetics. To achieve these benefits and objectives, the zoning ordinance establishes regulations regarding the use of land, the intensity of use of land and density of structures, the placement of structures, and in some cases requires basic amenities for satisfactory relationships between land and building uses and public requirements. The standards provided in this title are determined to be the minimum requirements necessary to achieve the objectives of the comprehensive plan and the various intentions as described in this title. (Ord. 95-769 § 5 (part), 1995)
17.101.040 Use districts and map.
The city of Battle Ground is divided into use districts as named and established in this title and the city’s comprehensive plan. The location boundaries of all use districts designated in this title are established as shown on the official zoning map of the city of Battle Ground signed by the mayor and clerk of the city, referred to as “zoning map.” Said map, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this title. The use districts are as set out below:
R3, Residential 3 units per acre;
R5, Residential 5 units per acre;
R7, Residential 7 units per acre;
R10, Residential 10 units per acre;
R12, Residential 12 units per acre;
R16, Residential 16 units per acre;
R20, Residential 20 units per acre;
MU-R, Mixed Use Residential;
MU-E, Mixed Use Employment;
RC, Regional Center;
CC, Community Center;
NC, Neighborhood Center;
D, Downtown;
ML, Light Industrial District;
EC, Employment Campus;
A, Airpark;
SC, Sewer Capacity Overlay District.
(Ord. 06-020 § 2, 2006: Ord. 04-024 §§ 2, 59, 2004: Ord. 95-769 § 5 (part), 1995)
17.101.050 Maintenance of the comprehensive plan map.
The original signed copy of the zoning map containing the use districts shall be filed in the office of the city clerk of the city of Battle Ground pursuant to RCW 35.63.100 and Chapter 35.70A RCW. Said use districts may be changed only as set forth in the other sections of this title. All amendments hereafter made to such map shall be shown on such maps, and it shall be the responsibility of the planning director to keep the map updated at all times. (Ord. 04-024 § 3, 2004: Ord. 95-769 § 5 (part), 1995)
17.101.060 Interpretation of district boundaries.
Where use district boundaries are indicated as approximately following the centerline of streets or highways, street right-of-way lines or railroad right-of-way lines, or such lines extended, such centerline or right-of-way line shall be construed to be such boundaries. Where boundaries are indicated as approximately following the corporate limit line of the city, such corporate limit line shall be construed to be such boundaries. Where boundaries are indicated as approximately following the centerline of stream beds or river beds, such centerline shall be construed to be such boundaries.
Where boundaries are indicated as approximately following property lines or such lines extended, such property lines or such lines extended shall be construed to be such boundaries. Where a boundary divides a lot into two or more districts, the location of the boundary, unless indicated by dimensions shown on the map, shall be determined by the use of the map scale shown thereon.
Where a public street, alley, utility corridor or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned public street, alley or right-of-way.
Where, due to the scale, lack of detail or inapplicability of the foregoing methods, the exact location of a use district boundary cannot be determined, or in cases where uncertainty, contradiction or conflict as to a boundary exists, the planning director shall make a determination in writing and record it on the map upon request of any person. Any person aggrieved by such interpretation may appeal such interpretation to the city council. In such cases the city council shall, upon appeal, either affirm the interpretation of the planning director or otherwise determine the location of the boundary. (Ord. 95-769 § 5 (part), 1995)
17.101.070 Use, occupancy and erection to comply with these regulations.
No building, structure, land, open space or water shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, structurally altered or maintained, and no new use or change shall be made or maintained of any building, structure, land, open space or water, nor shall any conditions of or upon real property be caused or maintained, after the effective date of these regulations, except in conformity with the regulations codified in this title. It is unlawful for any person to erect, construct, establish, move into, alter, enlarge, use or cause to be used, any buildings, structures, improvements, lands, open spaces or waters contrary to the provisions of this title. Where this title imposes greater restrictions than those imposed or required by other rules, regulations or ordinances, the provisions of this title shall control. (Ord. 95-769 § 5 (part), 1995)