Chapter 19.06
GENERAL PROVISIONS
Sections:
19.06.030 Conformity with this title required.
19.06.040 Interpretations – General.
19.06.050 Interpretation – Zoning maps.
19.06.070 Use districts – Established and designated.
19.06.080 Establishment of zoning map.
19.06.010 Title.
This title shall be known and may be officially designated as the “zoning ordinance of the city.” (Ord. 3297 § 2, 2015).
19.06.020 Purpose.
(1) To implement the Longview comprehensive plan’s goals, objectives and policies;
(2) To protect health, safety and general welfare;
(3) To provide for the economic, social, and aesthetic advantages of orderly development and redevelopment through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;
(4) To provide for adequate public facilities and services in conjunction with development;
(5) To ensure public safety by restricting development of lands containing physical hazards and to minimize the adverse environmental impacts of development;
(6) To ensure that land use decisions are made in accordance with the public interest and applicable laws of the state of Washington; and
(7) To provide adequate open space for light and air. (Ord. 3297 § 2, 2015).
19.06.030 Conformity with this title required.
(1) No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.
(2) Creation of or changes to lot lines shall conform to the use provisions, dimensional and other standards, and procedures of this title.
(3) All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title as well as any other applicable local, state or federal law. Where a difference exists between this title and other city regulations, the more restrictive requirements shall apply.
(4) Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply. (Ord. 3297 § 2, 2015).
19.06.040 Interpretations – General.
(1) The director of community development shall review and resolve any questions involving the proper interpretation or application of the provisions of this title and other city plans, codes, regulations and standards related to project permits that may be requested by any property owner, tenant, government officer, department, board, council or commission affected. The director’s decision shall be in keeping with the spirit and intent of this title and of the comprehensive plan.
(2) Classification of Use. Recognizing that there may be uses not specifically mentioned in this title, either because of advancing technology or any other reason, the director may permit or condition such use if it is clearly evident that the use is in conformity with the designated principal uses of the district in which it is to be located. When there is doubt as to the proper classification of a use, the director may refer the matter to the appeal board of adjustment, who shall rule on the matter.
(3) Record. A record shall be kept of all interpretations and rulings made by the director, appeal board of adjustment, and city council; such decisions shall be used for future administration. The director shall report decisions to the planning commission when it appears desirable and necessary to amend this title.
(4) Minimum Requirements. When interpreting and applying the regulations of this development code, its provisions shall be the minimum requirements, unless otherwise stated.
(5) Conflicts of Regulations. Except as otherwise specifically stated, where conflicts occur within this zoning code or between the provisions of this zoning code and the building and fire codes, or other regulations of the city, the more restrictive shall apply.
(6) Conflict with State Law. The provisions of this title shall not have the effect of authorizing any activities prohibited by state law or other ordinances of the city of Longview.
(7) Official Zoning Map – Conflicts with Text. If any conflict between said map and text of this article ensues, the text of this title shall prevail.
(8) Rounding of Quantities. Discrete physical measurements, including but not limited to those not subject to fractional division, such as number of housing units or parking spaces, shall be rounded to the next higher whole number when the fraction is greater than one-half, and to the next lower whole number when the fraction is equal to or less than one-half, except as otherwise provided in this development code.
(9) In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application. (Ord. 3297 § 2, 2015).
19.06.050 Interpretation – Zoning maps.
Where due to the scale, lack of scale, lack of detail or illegibility of the city zoning map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of a district boundary line, the boundary line shall be determined by the director in accordance with all of the following criteria:
(1) Rights-of-Way. Boundaries indicated as approximately following the center lines of streets, highways, railroad tracks, alleys, drainage ditches, bridges, or other right-of-way shall be construed to follow such center lines. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same land use district designation that is applicable to lands abutting the vacated areas. In some cases where the right-of-way formerly served as a land use district boundary, the land within the right-of-way now vacated shall be allocated proportionately among the subject land use districts;
(2) Parcel, Lot, Tract. Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be construed as following such boundaries;
(3) Jurisdiction Boundary. Boundaries indicated as approximately following a city or county boundary, or the planning area boundary, shall be construed as following said boundary;
(4) Natural Features. Boundaries indicated as approximately following a river, stream, drainage channel, topographic contour or other changeable natural feature not corresponding to any feature listed in subsections (1) through (3) of this section, shall be construed as following such feature;
(5) Map Scaling. If none of the rules of interpretation described in subsections (1) through (4) of this section apply, then the zoning boundary shall be determined by map scaling; and
(6) Cowlitz River. For those portions of the Cowlitz River where the city limits are the center of the river, the zoning district of the abutting land extends into the river to the city limit line. (Ord. 3297 § 2, 2015).
19.06.060 Fees.
The fees to be paid upon the filing of a petition or application relating to land use decisions, planning commission actions, and appeal board of adjustment actions shall be as set forth in Table 19-A:
|
ACTION |
FEE |
|---|---|
|
PLANNING COMMISSION AND STAFF |
|
|
Subdivision – Preliminary plat |
$1,738 + $81 per lot |
|
Subdivision – Preliminary plat extension |
$339 |
|
Subdivision – Final plat |
$1,738 + $81 per lot |
|
Short plat |
$1,159 |
|
Short plat appeal |
$1,159 |
|
Binding site plan A |
$1,159 + $81 per lot |
|
Binding site plan B |
$2,317 + $105 per lot |
|
Planned unit development – Preliminary |
$2,317 + $105 per lot |
|
Planned unit development – Final |
$2,317 + $105 per lot |
|
Planned unit development – Amendment |
$696 |
|
Boundary line adjustment |
$349 |
|
Boundary line adjustment appeal |
$349 |
|
Vacation hearing |
$349 |
|
Rezone request |
$2,317 |
|
Zoning text amendment request |
$2,317 |
|
Comprehensive plan amendment request |
$2,317 |
|
Special property use hearing for D-C district |
$696 |
|
APPEAL BOARD OF ADJUSTMENT |
|
|
Appeal of administrative decision |
$463 |
|
Review of the building official’s interpretation |
$463 |
|
Similar use determination |
$463 |
|
Special property use hearing |
$696 |
|
Variance hearing |
$1,159 |
|
Seasonal sales temporary use permit |
$62 |
|
OTHER INSPECTIONS AND FEES |
|
|
1. Additional review required by changes, additions or revisions to submitted documents (minimum charge – one-half hour) |
$62 per hour1 |
|
2. For use of outside consultants |
Actual costs2 |
|
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. |
|
When submittal documents are incomplete or changed so as to require additional review or when the project involves deferred submittal documents, an additional review fee shall be charged at the rate shown in amended Table 19-A. (Ord. 3312 § 1, 2015; Ord. 3297 § 2, 2015).
19.06.070 Use districts – Established and designated.
For the purpose of promoting public health, safety, morals and the general welfare, and in accordance with the provisions of RCW 35A.63.100, and all present and future amendments, additions and changes thereto, all land within the boundaries of the city shall be classified according to the following districts:
(1) Residential district, R-1;
(2) Residential district, R-2;
(3) Residential district, R-3;
(4) Residential district, R-4;
(5) Traditional neighborhood residential, TNR;
(6) Downtown commerce, D-C;
(7) Country club district, C-D;
(8) County event center district, CEC;
(9) Civic center district, C-C;
(10) Central business district, CBD;
(11) Regional commercial district, RC;
(12) General commercial district, GC;
(13) Neighborhood commercial district, NC;
(14) Office/commercial district, O/C;
(15) Riverfront district, RF-1;
(16) Light industrial district, LI-A;
(17) Light industrial district, LI-B;
(18) Heavy industrial district, HI;
(19) Commercial/industrial district, C/I. (Ord. 3297 § 2, 2015).
19.06.080 Establishment of zoning map.
The designation, location and boundaries of the zones established by LMC 19.06.070 are as shown and depicted on the zoning map(s) of the city, which shall be maintained as such and which are hereby incorporated by reference in this section and maintained on file at the Longview community development department. Zoning for all land within the city of Longview is established as shown on the official zoning map. (Ord. 3297 § 2, 2015).
19.06.090 Enforcement.
(1) The community development director or designee may bring enforcement actions for any violations of the provisions of this code and may institute any appropriate action or proceeding to prevent violations of these regulations. In particular, but without limitation, in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the community development director or designee may institute any appropriate action or proceedings to:
(a) Prevent such unlawful acts and restrain, correct, or abrogate such violation;
(b) Prevent the occupancy of the building, structure, or land;
(c) Prevent any illegal act, conduct, business, or use in or about such premises, including, but not limited to, all remedies provided in this title and LMC Title 1; or
(d) Bring an enforcement action(s) to sanction violations of the code.
(2) The imposition of any penalty does not preclude the city from instituting any appropriate action or proceeding to require compliance with the provisions of this title and the administrative orders and determinations made under this title. (Ord. 3297 § 2, 2015).