Division 1. General
Chapter 18.10
GENERAL PROVISIONS
Sections:
18.10.030 Standards designated.
18.10.080 Timing of regulations.
18.10.100 More restrictive provision governs.
18.10.010 Title.
This document contained herein shall be known as “The La Center Development Code (LCDC).” This title of the La Center Municipal Code (LCMC) replaces all other related development chapters and ordinances within the city of La Center including, but not limited to, LCMC Title 14, Land Use and Environmental Regulation, LCMC Title 16, Land Divisions, and LCMC Title 17, Zoning. [Ord. 2006-17 § 1, 2006.]
18.10.020 Applicability.
No building or other structure shall be constructed, improved, altered, enlarged or moved; nor shall any use or occupancy of premises within the city be commenced or changed; nor shall any condition of or upon real property be caused or maintained; nor shall vegetation be removed or excavation be undertaken; after the effective date of the ordinance codified in this title, except in conformity with conditions prescribed by this title. Where the LCDC imposes greater restrictions than those imposed or required by other rules, regulations or ordinances, the provisions of the LCDC shall control.
It is unlawful for any person, firm, or corporation to erect, construct, establish, move into, alter, enlarge, use or cause to be used any buildings, structures, improvements or use of premises contrary to the provisions of this title. [Ord. 2006-17 § 1, 2006.]
18.10.030 Standards designated.
The standards established by this title are determined to be the minimum requirements in the interest of public health, safety and general welfare. The city may impose conditions of approval beyond the standards identified herein in order to allow the use or activity being proposed. [Ord. 2006-17 § 1, 2006.]
18.10.040 Purpose.
The purposes of this title are to implement the La Center comprehensive plan (LCCP); to encourage appropriate use of land; to conserve and stabilize the value of property; to aid in rendering of fire and police protection; to provide adequate open space for light and air; to lessen the congestion on streets; to create orderly growth within the city and UGA, to distribute population wisely; to improve the city’s appearance; to facilitate adequate provision of urban level utilities and facilities such as water, sewerage, and electrical distribution systems, transportation, schools, parks, and other public requirements; and in general to promote public health, safety and general welfare. [Ord. 2006-17 § 1, 2006.]
18.10.050 Organization.
The text of the LCDC is organized as follows:
(1) Title. The La Center Development Code (LCDC), a title contained within the La Center Municipal Code (LCMC), is numbered as 18.
(2) Divisions. This title is divided into four divisions: Division 1, general chapters; Division 2, zoning chapters; Division 3, land divisions and development chapters, and Division 4, critical lands chapters.
(3) Chapters. Chapters are numbered as 18.###, with the second group of numbers representing the chapter number. For example, Chapter 10 of this title is written as 18.10.
(4) Subsections. Subsections levels are indicated by numeric and alphanumeric characters in the following hierarchy: (1), (a), (i), (A), and (I). [Ord. 2006-17 § 1, 2006.]
18.10.060 Term construction.
(1) Defining Words. All words used in this title unless otherwise defined in Chapter 18.40 LCMC, Definitions, shall be defined by the latest version of Merriam Webster’s Unabridged Dictionary.
(2) Tenses and Usage.
(a) Words used in the singular include the plural. The reverse is true.
(b) Words used in the present tense include the future tense. The reverse is true.
(c) The words “must,” “shall,” “will” and “will not” are mandatory.
(d) “May” is permissive.
(e) “Prohibited” means that the proposed use or improvement is not allowed. An adjustment, variance, conditional use or other land use review shall not be approved if the effect of the approval would circumvent a prohibition. This does not preclude the council from making legislative changes in accordance with state law.
(3) Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions have the following meanings:
(a) “And” indicates that all connected items or provisions apply;
(b) “Or” indicates that the connected items or provisions may apply singly or in combination; and
(c) “Either...or” indicates that the connected items or provisions apply singly, but not in combination.
(4) Lists. Lists of items that state “including the following,” “such as,” or similar language are not limited to just those items. Lists provide examples, but do not exhaust all possibilities. [Ord. 2006-17 § 1, 2006.]
18.10.070 Hierarchy of plans and regulations.
Repealed by Ord. 2021-04. [Ord. 2006-17 § 1, 2006.]
18.10.080 Timing of regulations.
(1) Land Use Approval and Building Permits.
(a) The review authority shall not process an application until the review authority finds the application to be technically complete.
(b) A technically complete application is an application that fully complies with the relevant portions of Chapter 18.30 LCMC, Procedures, and this title.
(c) The city will process technically complete applications for land use review relying upon the regulations in effect at the time the applicant submitted a complete application to the city.
(2) Legislative Changes. Applications for legislative changes, such as a plan amendment or annexation, do not create a vested right to development regulations in effect at the time the legislative application was submitted. [Ord. 2006-17 § 1, 2006.]
18.10.090 Concurrency.
(1) Transportation. The city shall not approve a land use action if the action proposed will cause the level of service (LOS) on a transportation facility to fall below the LOS adopted within the CFP for that roadway or intersection.
(2) Other Concurrency Requirements. The city shall ensure that all public facilities and services identified in the adopted CFP are adequate to serve the development at the time it is available for occupancy and use without decreasing current service levels below the levels of service established in the La Center CFP.
(3) Approval.
(a) Exception. The city may approve a land use action which would result in a reduction of LOS below adopted CFP standards if the transportation improvements or strategies necessary to accommodate the impacts of the land use action are made concurrent with the development. Such strategies might include: increased public transportation services, ride sharing programs, demand management or other transportation systems management strategies, or proportional off-site improvements. (See RCW 36.70A.070(6)(e)).
(b) For the purposes of this subsection, “concurrent with the development” means that improvements or strategies are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years.
(c) The burden is on the applicant to demonstrate, by a preponderance of evidence, that such action would not result in a reduction in the LOS for a transportation facility below the standards or LOS adopted within the CFP. [Ord. 2006-17 § 1, 2006.]
18.10.100 More restrictive provision governs.
Where the conditions imposed by any provision of this title are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title or of any ordinance, resolution or regulation, the provisions which are more restrictive shall govern. [Ord. 2021-04 § 4 (Exh. A), 2021; Ord. 2006-17 § 1, 2006.]
18.10.110 Severability.
The La Center city council hereby declares that should any section, paragraph, sentence, or word of this chapter be declared for any reason to be void or unconstitutional, it is hereby provided that all other parts of the same which are not expressly held to be void or unconstitutional shall continue in full force and effect. [Ord. 2006-17 § 1, 2006.]
18.10.120 Repealer.
The adopted LCDC shall repeal the following:
(1) Land Use and Environmental Regulation (LCMC Title 14), excepting Chapter 14.20 LCMC.*
(2) Land Division (LCMC Title 16).
(3) Zoning (LCMC Title 17). [Ord. 2006-17 § 1, 2006.]
*Code reviser’s note: Ordinance 2007-2 repeals Chapter 14.20 LCMC and adopts a new Chapter 18.300 LCMC, included within the LCDC.