Chapter 17.03
GENERAL
Sections:
17.03.050 Existing conforming buildings/structures.
17.03.060 Existing conforming uses.
17.03.070 Change in use or occupancy.
17.03.080 Existing nonconforming buildings/structures.
17.03.090 Existing nonconforming uses.
17.03.100 Existing conditional uses.
17.03.105 Damage to existing buildings – Repair or demolition required.
17.03.109 Urban growth area – Acquisition/revision.
17.03.125 The common law practice of vesting.
17.03.010 Title.
This title shall be known as the uniform development regulations for the city of Chehalis, and may be referred to as the development regulations or development standards, critical areas ordinance, floodplain ordinance, zoning code, zoning standards, subdivision ordinance, shoreline master program, shoreline development regulations and/or SEPA ordinance, as appropriate. [Ord. 720B § 1, 2002.]
17.03.020 Purpose.
A. To implement the comprehensive plan including providing for adequate light, air, access and open space for all development; enhance safety from fire and other dangers; require adequate provisions for essential public services; provide for the availability of essential public facilities; and create a balance between maximum flexibility in the use of land and providing high quality development for the health, safety, and welfare of the community.
B. To classify all land within the city and the urban growth area (UGA) into regular and special land use zones, and within each zone, regulating the uses and structures as appropriate, and requiring specific amenities to accomplish the goals and policies of the comprehensive plan.
C. To regulate, control and manage hazardous waste; plan for and manage the release of hazardous substances; promote the reduction of hazardous waste; and encourage the recycling of hazardous waste.
D. To ensure that environmental concerns are discussed during the development review process, and that the decisions relating to development reflect adopted environmental values. [Ord. 720B § 1, 2002.]
17.03.030 Scope.
A. The provisions of this title shall apply, as specified herein, to any and all development, construction, use of property, use of buildings and any other activity which impacts or involves the provision of government services.
B. The granting or approval of any permit or license, or the exemption of any activity from such permit or license, shall not constitute a representation, guarantee, or warranty of any kind, sort or nature by the city, or any elected or appointed official or employee thereof, as to the practicality, safety, appropriateness, viability, feasibility, or risk associated with any use, building or structure and such granting or exemption shall create no liability whatsoever, nor any cause of action against the city or any official or employee thereof, for any direct or consequential damage that may result from such activity.
C. The provisions of this title shall be interpreted and construed to be minimum standards. Nothing herein shall prevent a permit holder from exceeding the minimum standards unless such activity otherwise violates any provision of this title. Where a conflict may occur between two or more standards adopted by this title, the most restrictive or that requirement imposing the higher standard shall prevail.
D. The administration and enforcement of this title shall not include civil agreements for which the city is not a contractual party. [Ord. 720B § 1, 2002.]
17.03.040 Fees.
A. Any application for any license, permit, or approval required by this title shall have attached thereto the required application fee, if any, specified in Appendix Chapter A. No application will be considered complete unless the required fee, if any, is attached thereto.
B. Any license, permit or approval which has been officially approved by the city shall have the required permit fee, if any, specified in Appendix Chapter A submitted prior to issuance of the license, permit or approval. No license, permit or approval will be issued until the required fee, if any, is submitted. [Ord. 720B § 1, 2002.]
17.03.050 Existing conforming buildings/structures.
A. Any building or structure which was lawfully in existence on the date of adoption of the ordinance codified in this title shall be allowed to be repaired and maintained to its existing status without regard for the provisions of this title, provided such repair or maintenance shall comply with any applicable provisions of the building code.
B. Any addition, substantial remodel, substantial repair, or demolition of all or part of any building or structure which was lawfully in existence on the date of adoption of the ordinance codified in this title shall comply with all applicable provisions of this title.
C. Any existing building or structure which violated any applicable law, ordinance, code, rule, or regulation prior to the date of adoption of the ordinance codified in this title shall acquire no vested rights and may be abated upon discovery of such violation by the city. [Ord. 720B § 1, 2002.]
17.03.060 Existing conforming uses.
A. Any use or occupancy of a building, structure, and/or property which was lawfully in existence on the date of adoption of the ordinance codified in this title may continue such use or occupancy in the same manner and status without regard for the provisions of this title.
B. Any change in use or occupancy of a building, structure, or property from that which was lawfully in existence on the date of adoption of the ordinance codified in this title shall comply with all applicable provisions of this title.
C. Any existing use or occupancy of a building, structure, or property which violated any applicable law, ordinance, code, rule, or regulation prior to the date of adoption of the ordinance codified in this title shall acquire no vested rights, and may be abated upon discovery of such violation by the city. [Ord. 720B § 1, 2002.]
17.03.070 Change in use or occupancy.
A. No existing use or occupancy shall be changed or altered so as to constitute a different occupancy group in the International Building Code (IBC) without approval of the development review committee (DRC). Such approval shall require an application to the administrator for such change, and an inspection by the DRC of the premises proposed to be changed or altered.
B. Any change in use or occupancy shall be made to comply with any applicable provisions of this title, including, but not limited to, CMC 17.09.185, conditional use, the adopted uniform codes and the adopted development engineering standards.
C. Any change in use or occupancy of any property which has not been approved by the DRC, and which violates any provision of this title, shall constitute a public nuisance and shall be abated as provided in CMC 7.04.130. Any cost to the city occasioned by such unlawful use or occupancy shall be recovered by placing a lien on such property or other such method as may be applicable and effective. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.03.080 Existing nonconforming buildings/structures.
A. Any nonconforming building or structure which was lawfully in existence on the date of adoption of the ordinance codified in this title may continue such existence; provided, that no fire, life/safety or sanitation hazard exists within such building or structure.
B. Any nonconforming building or structure which was unlawfully created by action or acquiescence shall not acquire any vested rights by virtue of any provision of this title. Upon discovery of such a building or structure, the DRC shall require abatement of any unlawful construction as provided in CMC 17.09.215.
C. An existing nonconforming building or structure shall be maintained and/or repaired so as to not constitute a substandard building or structure as defined in the Uniform Housing Code (UHC).
D. Any addition, substantial alteration, or substantial repair performed on an existing lawful nonconforming building or structure shall require such work to conform to the applicable provisions of this title; provided, if the only aspect of nonconformance is a building or structure setback, such work may proceed at the same building or structure setback as currently exists as long as all other applicable requirements of this title are accomplished.
E. If a nonconforming building or structure is damaged by fire, explosion, act of God, or act of the public enemy such that the cost of repair of the building or structure to its status prior to the damage is less than 50 percent of the value of the building or structure prior to the damage, such repair may be made without full compliance with the requirements of this title, provided:
1. A development permit is obtained and compliance with applicable provisions of the adopted uniform codes is accomplished; and
2. Any fire, life/safety and/or sanitation hazard that may have existed shall be corrected.
F. If a nonconforming building or structure is damaged by fire, explosion, willful demolition or removal, act of God, or act of the public enemy such that the cost of repair or replacement of the building or structure to its status prior to the damage is 50 percent or more of the value of the building or structure prior to the damage, such building or structure shall be brought into compliance with all applicable provisions of this title, provided the owner of such property may request specific relief from this requirement for cause through a variance application.
G. Any building or structure for which a completed development permit application has been submitted prior to the date of adoption of the ordinance codified in this title, and which does not comply with all applicable provisions of this title, shall be reviewed for consistency with the development regulations that were effective prior to the adoption of the ordinance codified in this title, and shall be considered a nonconforming building or structure under this title. [Ord. 720B § 1, 2002.]
17.03.090 Existing nonconforming uses.
A. Any nonconforming use which was lawfully in existence on the date of adoption of the ordinance codified in this title may continue such existence; provided, that no identified public nuisance is created by such use.
B. Any nonconforming use which was unlawfully created by action or acquiescence shall not acquire any vested rights by virtue of any provision of this title. Upon discovery of such a use, the administrator shall require abatement of any unlawful use as provided in CMC 17.09.215.
C. An existing nonconforming category of use (use code) shall not be converted, changed in category of use or occupancy, significantly altered or otherwise made increasingly nonconforming. Such a use may apply for a conditional use permit for such an increase.
D. Any existing nonconforming use which is discontinued from a premises for any reason for more than 90 days shall be considered vacated, provided:
1. Any proposed reoccupancy of a vacated use may be permitted by the DRC if the reoccupancy consists of the same category of use (use code) that was vacated, and no development permit is required for such reoccupancy to comply with building or fire codes for the proposed use. A new certificate of occupancy is required for such reoccupancy;
2. Any proposed reoccupancy of a vacated use must obtain a conditional use permit if the reoccupancy is not the same category of use (use code) that was vacated, or if any development permit would be required for such reoccupancy to comply with building or fire codes for the proposed use.
E. An existing nonconforming use which proposes to relocate from one premises to another shall comply with all applicable requirements for the “new” premises. No vested rights of the nonconforming use may be transferred to another premises. [Ord. 785B § 11, 2005; Ord. 720B § 1, 2002.]
17.03.100 Existing conditional uses.
Any conditional use of record shall be subject to the requirements of CMC 17.03.090 except where adoption of this title has caused such use to become permitted. [Ord. 720B § 1, 2002.]
17.03.105 Damage to existing buildings – Repair or demolition required.
A. Any existing building or structure which is damaged by any means, or becomes dilapidated, to the extent that it fails to comply with the building and/or fire code requirements for its normal use or occupancy shall be repaired or demolished as provided in this section and the applicable building and fire codes.
B. Damaged buildings and structures may be repaired consistent with CMC 17.03.050 or 17.03.080 (existing conforming/nonconforming buildings or structures).
C. Dilapidated buildings and structures, upon receiving an abatement notice from the city, shall be repaired or demolished consistent with this title and the adopted building and fire codes.
D. Repair or demolition of damaged or dilapidated buildings and structures shall be commenced within 14 days of the date of any abatement notice issued by the city, provided:
1. The development review committee may allow up to 90 days to commence repair or demolition for cause upon written request from the owner of such property. Cause may include continuing fire or insurance investigation, a fatality involved in such damage, catastrophic event such as earthquake or unstable earth, etc.
2. The development review committee may require an immediate repair or demolition if any safety hazard or any imminent threat to life or safety is identified.
E. Any damaged or dilapidated building or structure which is not repaired or demolished within the required time limits established in the building permit issued for such project shall constitute a public nuisance and shall be abated by the city. Abatement may include demolition of the subject premises and issuance of a criminal citation to the person responsible for such premises. (See also CMC 7.04.130, nuisance abatement, and CMC 17.09.215.) [Ord. 720B § 1, 2002.]
17.03.109 Urban growth area – Acquisition/revision.
A. Lewis County may approve additions or revisions to the Chehalis urban growth area (UGA) pursuant to their authority under the Growth Management Act (GMA). The county must determine the process, scheduling, procedure and required elements of any proposal for any additions to, or alteration of, any UGA, and advise the cities of their procedure and requirements. The county currently uses the planned growth committee to review UGA proposals, but the county may change their process in the future.
B. Any petition for addition or alteration of any Chehalis UGA must be submitted to the city prior to the last day of a calendar year for review and decision by the city and the county the following calendar year. This schedule may be revised by the county at their discretion and authority. A petitioner is encouraged to determine the county’s requirements for petitions to amend a UGA prior to any submittal.
C. Any petition for amendment to any Chehalis UGA must be accompanied by the required needs analysis as determined by the county. The county should determine the nature and content of a needs analysis under the GMA and make guidance documents available for use by the public and the city.
D. If a petition for amendment to a UGA is submitted by the city, the required needs analysis shall be accomplished by the city and attached to the petition. If a petition for amendment to a UGA is submitted by a citizen or group of citizens, the required needs analysis shall be performed by a qualified consultant at the discretion of the citizen or group and attached to the petition.
E. The city shall make available copies of all existing specific data relating to a needs analysis performed by a consultant when requested. The city shall not be required to generate data for any needs analysis unless the city determines that it is in the best interest of the city to do so.
F. The city will present any petitions for amendment to the Chehalis UGA to the county as required through the applicable county process, including public hearings, but the needs analysis and any additional information required by the county shall be the responsibility of the petitioner. Any decision made by the county in the review and approval or denial of any UGA petition may only be appealed as provided in the GMA. [Ord. 819B § 4, 2007.]
17.03.110 Urban growth area.
A. Each parcel of real property within the city’s adopted urban growth area (UGA) shall be designated with one of the regular land use zones identified in Division V of this title.
B. Each parcel of real property within the city’s adopted UGA shall be designated with one or more environmental districts identified in Division III of this title if such property satisfies the applicable criteria for such designation.
C. Each parcel of real property within the city’s adopted UGA may be designated with one or more special districts identified in Division IV of this title if such property satisfies the applicable criteria for such designation.
D. In the case of additional properties added to the city’s UGA by Lewis County, or official action of the growth hearings board, and where a specific land use zone has not been incorporated into the official action adding such property to the UGA, the “default” land use zone shall be:
1. R-1, single-family residential zone, for each such parcel which has been designated for residential development;
2. C-G, general commercial zone, for each such parcel which has been designated for commercial development;
3. I-L, light industrial zone, for each such parcel which has been designated for industrial development.
E. At such time as Lewis County, or the growth hearings board, may designate, reduce, enlarge or otherwise amend or alter the city’s UGA, the official map of such UGA shall be amended to reflect the city’s zoning designations consistent with subsection (A), (B), (C) or (D) of this section.
F. Any action of the county or the hearings board relating to the city’s adopted UGA which causes any inconsistency between the UGA, the comprehensive plan or this title shall be corrected as provided in CMC 17.09.210, Rezones, zoning regulations and comprehensive plan amendments, and the administrator shall be the petitioner under such circumstance.
G. Any proposal to change any land use zoning designation, including any prior zoning designation or any “default” zoning designation by any party including the city shall be submitted as provided in CMC 17.09.210, Rezones, zoning regulations and comprehensive plan amendments.
H. No land use zoning designation by the city relating to any real property in the UGA shall have any effect on any development proposal therein except:
1. Utility extensions or connections to the city’s utilities shall be permitted only for uses or development consistent with the city’s designated land use zoning;
2. Upon receipt of an annexation petition, the subject area shall be considered zoned for development purposes until such annexation proposal is officially approved or denied;
3. When an interlocal agreement or other contract, or any applicable law or statute, causes such zoning designation to be applicable and specifies the conditions of applicability. [Ord. 720B § 1, 2002.]
17.03.120 Annexations.
A. Annexation of property to the city shall comply with all applicable provisions of the Revised Code of Washington (RCW).
B. Annexed property shall be designated with one of the regular land use zones identified in Division V of this title as a part of the annexation process.
C. Annexed property shall be designated with one or more environmental districts identified in Division III of this title if such property satisfies the applicable criteria for such designation as a part of the annexation process.
D. Annexed property may be designated with one or more special districts identified in Division IV of this title if such property satisfies the applicable criteria for such designation as a part of the annexation process.
E. Nothing herein shall preclude the city council from specifying other conditions of approval for any annexation proposal to accomplish the goals and policies of the comprehensive plan. [Ord. 720B § 1, 2002.]
17.03.125 The common law practice of vesting.
A. A valid and fully complete building permit application for a structure that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application. In accordance with RCW 4.04.010, any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.
B. The requirements for a fully completed application shall be defined by the Chehalis Municipal Code but for any construction project costing more than $5,000 the application shall include, at a minimum:
1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor;
2. The property owner’s name, address, and phone number;
3. The prime contractor’s business name, address, phone number, current state contractor registration number; and
4. Either:
a. The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or
b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project.
C. The information required on the building permit application by subsections (B)(1) through (4) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site.
D. The information required by subsection (B) of this section and information supplied by the applicant after the permit is issued under subsection (E) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made as established by council.
E. If any of the information required by subsection (D) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection (A) of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.
F. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.
G. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement. In accordance with RCW 4.04.010 nothing in this section nor any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine.
H. A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. In accordance with RCW 4.04.010, neither subsection (A) of this section nor any other statutory codification of the vested rights doctrine limits the common law interpretation and application of such doctrine. [Ord. 951B § 1, 2016.]
17.03.130 Severability.
The provisions of this title are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, part, or portion of this title, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this title, nor the validity of any application thereof. [Ord. 720B § 1, 2002.]