Division I. General Provisions
Chapter 25.05
GENERAL PROVISIONS
Sections:
25.05.020 Purpose and authority.
25.05.030 Regulations of the land use code.
25.05.040 Rules of interpretation.
25.05.010 Title.
The provisions of this title shall be known and may be cited as the “DuPont Land Use Code.” (Ord. 02-707 § 1)
25.05.020 Purpose and authority.
This “DuPont Land Use Code” is an official land use control adopted under Chapter 35A.63 RCW as mandated in RCW 36.70A.040 and is consistent with the state’s Growth Management Act and the DuPont comprehensive plan to serve the public health, safety and welfare, to provide for orderly planned use of land resources, and to further the policies of the comprehensive plan of the city of DuPont. This code governs all uses of land within the city, including use of buildings, streets, utilities, open space and other physical amenities. This code helps implement the city’s comprehensive plan, which may be used to help interpret this code but does not itself regulate land uses. (Ord. 02-707 § 1)
25.05.030 Regulations of the land use code.
All land uses and development activities in the city of DuPont must comply with the applicable requirements of this code, including requirements of the applicable land use district. (Ord. 02-707 § 1)
25.05.040 Rules of interpretation.
(1) Regulations, conditions, or procedural requirements specific to an individual land use permit shall supersede regulations, conditions, or procedural requirements of general application.
(2) The zoning code shall be consistent with and implement the city’s comprehensive plan.
(3) When a provision of this title conflicts with another provision in this title, the more restrictive provision shall apply.
(4) When the provisions of this title impose greater restrictions than are imposed by other applicable city, county, regional, state and federal regulations, the provisions of this title shall control.
(5) Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section.
(6) In the case of any ambiguity or differences of meaning or inconsistencies between the text and any illustrations or other graphics, the text throughout this title and the zone classification use tables in the appendix to this title shall control.
(7) The words “shall” and “should” are mandatory and the word “may” is discretionary.
(8) Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense; all words and terms used in this title shall have their defined or customary meanings.
(9) The community development director or his/her designee are hereby authorized to make code interpretations. Where these rules do not clarify a boundary, definition, use standard, or procedure, the director shall make the determination. The director’s determination in these instances may be appealed pursuant to DMC 25.175, Administration of Development Regulations. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.05.050 Conformance.
Except as provided in this title:
(1) No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purposes or in any manner other than a use listed in this title as permitted in the use district in which such land, building, structure or premises is located.
(2) No building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title for the use district in which such building or structure is located.
(3) No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and yard regulations established by this title for the use district in which such building or structure is located.
(4) No tree or landscaping required to be saved or planted shall be removed or allowed to die through lack of maintenance, except as established by this title. (Ord. 02-707 § 1)