Chapter 11.02
GENERAL PROVISIONS
Sections:
11.02.050 Maintenance of minimum requirements.
11.02.010 Short title.
This title, and amendments thereto, shall be known and may be cited as “the Chelan County zoning resolution.” (Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.020 General purpose.
The purpose and intent of this title is to provide the authority for and the procedures to be followed in guiding and regulating the physical development of unincorporated Chelan County with the intent of promoting for the public the highest standards of environment for living; the operation of agriculture; commerce; industry; and recreation; promote the public health, safety, morals, and general welfare in accordance with the provisions of the Revised Code of Washington (RCW), notably Chapter 201, Laws of 1959, Chapter 232, Laws of 1961, Chapters 36.70, 36.70A and 36.70B RCW; and to implement the goals, policies, and objectives of the Chelan County comprehensive plan. (Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.030 Scope.
The text and zoning maps constitute the zoning resolution. This title shall apply to unincorporated areas under Chelan County’s land use regulatory authority and is consistent with the provisions adopted by the county for the unincorporated urban growth area boundaries of the cities of Leavenworth, Cashmere, Wenatchee, Entiat, and Chelan. Whenever the requirements of any other lawfully adopted rules, regulations, or ordinances to which the county is a party exist congruent to this title, the most restrictive or that imposing the higher standards shall govern. If any conflict between the zoning map and text of this title ensue, the text of this title shall prevail. When the adopted building standard (IBC or IFC) allows for flexibility, and the adopted county code provides standards, the county code shall govern. (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.040 Compliance.
(1) Hereafter, no building or structure shall be erected, demolished, remodeled, reconstructed, altered, enlarged, or relocated, and no building, structure or premises shall be used except in compliance with the provisions of this title and then only after securing all required permits. Any building, structure or use lawfully existing at the time of passage of the resolution codified in this title, although not in compliance therewith, may be maintained as provided for in Chapter 11.97.
(2) No county official or employee shall issue a permit for a conditional use or variance, or give other authorization for any use that would not be in full compliance with this title. Any permit or other authorization in violation of this title shall be void without the necessity of any proceedings for revocation or nullification, and any work undertaken pursuant to such permit or other authorization shall be unlawful, and no action taken by any elected or appointed official of the county shall validate any such work, permit, or other authorization. (Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.050 Maintenance of minimum requirements.
No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of Resolution 153-E, Dec. 7, 1964 at Vol. C, pg. 129, shall be reduced in area, dimension, or size below the minimum required by this title, nor shall any lot area, yard or other open space, or off-street parking or loading area which is required by this title for one use, be used as the lot area, yard or other open space or off-street parking or loading area requirement for any other use. (Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.060 Interpretations.
(1) The administrator shall review and resolve any questions involving the proper interpretation or application of the provisions of this title that may be requested by any property owner, government officer, department or other person affected. The administrator’s decision shall be in keeping with the spirit and intent of this title.
(2) Upon application, the administrator may determine that a use not specifically named in the allowed uses of a district shall be included among the allowed uses if the use is the same general type, and is similar in nature, to the allowed uses. Said use shall be consistent with the intent, goals and policies contained within the comprehensive plan.
(3) A record shall be kept of all interpretations and rulings made by the administrator and on appeals to the hearing examiner. Such decisions shall be used for future administration and code amendments. (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-104, 7/10/07; Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.070 Severability.
If any section, subsection, sentence, clause or phrase of this title is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title, it being hereby expressly declared that this title, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid and unconstitutional. (Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.080 Fees.
(1) Fees and charges for all matters related to this title are established in the Chelan County department of community development fee schedule as adopted by the board of county commissioners and as amended.
(2) Fees charged by this title are necessary to offset county resources expended in processing an application. Denial or withdrawal of a development permit does not negate the expense incurred by the county and, therefore, is not grounds for refunding fees to the applicant. (Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.090 Inspections.
The granting of any permit hereunder is conditioned upon the consent of the owner to permit inspection of the site. The inspection may include:
(1) A review of all applicable county permits;
(2) A review of all work actually being conducted on the site; and
(3) A comparison of the actual performance with approved methods contained in the permit, as well as a recording of any known violations of state or federal permits. (Res. 2007-98 (part), 7/2/07: Res. 2000-129 (part), 10/17/00).
11.02.100 Definitions.
Words, terms and phrases used in this title are defined in Chapter 14.98 as supplemented herein. (Res. 2007-98 (part), 7/2/07).