Chapter 19.04
TITLE, PURPOSE, STANDARDS AND RELATIONSHIP
Sections:
19.04.040 Relationship between comprehensive plan policies and zoning classification.
19.04.050 Reasonable accommodation.
19.04.010 Title.
This title shall be known as the comprehensive zoning ordinance of the city of Oak Harbor.
This title shall consist of the text hereof and the map or maps entitled “City of Oak Harbor, Washington Zoning Map,” part of the comprehensive zoning ordinance. If any conflict between the map or maps and this title should arise, the text of this title shall prevail. (Ord. 1555 § 3, 2009).
19.04.020 Purpose.
(1) The text and zoning map in this title constitute the comprehensive zoning ordinance and regulations for the incorporated area of the city of Oak Harbor and are adopted to protect and promote the public health, safety, morals and welfare and to protect the economic and social advantages which result from an orderly planned use of land resources. Such regulations are designed to achieve the following objectives:
(a) To promote the achievement of the comprehensive plan for the city of Oak Harbor;
(b) To advance the position of the city of Oak Harbor as a regional center of commerce, recreation and culture;
(c) To provide for desirable, appropriately located living areas in a variety of dwelling types, and at a suitable range of population densities, with adequate provision for useful open space;
(d) To protect residential, commercial, industrial and civic areas from the intrusions of incompatible uses and to provide opportunities for establishments to create efficient operations in mutually beneficial relationships to each other and to share their services;
(e) To ensure preservation of adequate space for commercial, industrial and other activities necessary for a healthy economy;
(f) To promote safe, fast and efficient movement of people and goods without sacrifice to the quality of Oak Harbor’s environment, and to provide adequate off-street parking;
(g) To achieve excellence and originality of design in all future developments and to preserve the natural beauty of Oak Harbor’s setting;
(h) To stabilize expectations regarding future development of Oak Harbor, thereby providing a basis for wise decisions with respect to such development;
(i) To preserve and enhance the quality of Oak Harbor’s environment.
(2) Since the public health, safety and general welfare is superior to the interests and pecuniary gains of the individual, the intent of this title may limit the use of property and prevent its most profitable gain. If some reasonable use of property is allowed by this title, the effect is not confiscatory and is a proper exercise of police power. (Ord. 1555 § 3, 2009).
19.04.030 Standards.
The standards established by this title are determined to be the minimum requirements essential for its purpose and intent. (Ord. 1555 § 3, 2009).
19.04.040 Relationship between comprehensive plan policies and zoning classification.
It is the intent of this title to provide a direct relationship between the provisions of this zoning code, its administration and enforcement, and the adopted Oak Harbor comprehensive plan. This relationship is established by the adoption of development regulations which implement the comprehensive plan. All development, uses and activities governed by this title shall be in conformance with the policies of the Oak Harbor comprehensive plan. (Ord. 1555 § 3, 2009).
19.04.050 Reasonable accommodation.
(1) Eligibility. Any person claiming to have a handicap or disability, within the meaning of the Fair Housing Amendments Act (FHAA), 42 U.S.C. 3602(h) or the Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this development code pursuant to the requirement of the FHAA, or the WLAD, that reasonable accommodations be made in rules, policies, practices, or services when such accommodations may be necessary to afford persons with handicaps or disabilities equal opportunity to use and enjoy a dwelling, shall make such request for reasonable accommodation to the code official.
(2) Procedure.
(a) An applicant for reasonable accommodation must provide verifiable documentation of handicap or disability eligibility to the code official and describe the need for and proposed accommodation.
(b) The code official shall determine what adverse land use impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. This determination shall take into account the size, shape and location of the dwelling unit and lot; the traffic and parking conditions on adjoining and neighboring streets; vehicle usage to be expected from the residents, staff and visitors; and any other circumstances determined to be relevant.
(c) The applicant’s need for accommodation shall be considered in light of the anticipated land use impacts, and conditions may be imposed in order to make the accommodation reasonable in light of those impacts.
(d) A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the code official’s decision. If it is determined that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the code official shall rescind or modify the decision to grant reasonable accommodation.
(e) The code official shall act promptly on the request for accommodation and shall not charge any fee for responding to a request for accommodation.
(f) Nothing herein shall prevent the code official from granting reasonable accommodation to the full extent required by federal or state law.
(g) The code official’s decision shall constitute final action by the city on a request for accommodation, and review of the decision will be available only in superior court. Any appeal must be filed not more than 21 days after the issuance of the code official’s decision. (Ord. 1739 § 5, 2015).