Chapter 19.16 DISTRICT BOUNDARIES

Chapter 19.16
DISTRICT BOUNDARIES

Sections:

19.16.010 Official zoning map.

The locations and boundaries of the zoning districts shall be as shown on the map accompanying this title and made a part of this title, entitled, “Official Zoning Map – Oak Harbor, Washington.” The official zoning map and all the notations, references and amendments thereto and other information shown thereon are made a part of this title, just as if such information set forth on the map were fully described and set out herein. The official zoning map, attested by the signature of the mayor and the city clerk, with the seal of the municipality affixed, shall be kept on file in the office of the planning director, and shall be available for inspection by the public. (Ord. 1555 § 6, 2009).

19.16.020 Boundary interpretation.

Where uncertainty exists as to boundaries of any district shown on said map, the following rules shall apply:

(1) Unless otherwise specified or shown on the zoning map, district boundaries are lot lines or the centerlines of streets, alleys, and other rights-of-way. Where boundaries are other than lot lines or centerlines of streets, alleys, and other rights-of-way, they shall be determined by dimensions shown on the zoning map giving distances measured from street or other rights-of-way or lot lines, or if no dimensions are shown, by scaling distances on the zoning map. Where actual streets or other features on the ground vary from those shown on the zoning map, interpretations or adjustments shall be made by the planning director.

(2) In subdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map. Where a district boundary line, as appearing on the official zoning map, divides a lot in single ownership, which is of record at the time of this enactment, the district requirement shall apply for the whole thereof; provided, that such extension shall not include any part of such lot more than 35 feet beyond the district boundary line.

(3) Where any street, road, or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street, road, or alley added to the property by virtue of such vacation or abandonment. (Ord. 1555 § 6, 2009).

19.16.030 Application of regulations.

(1) Except as hereinafter provided, no building shall be erected, reconstructed, or structurally altered, nor shall any building or land be used, except in compliance with all the district regulations established by this title for the district in which the building or land is located.

(2) The minimum yards or other open spaces required by this title, including those provisions regulating intensity of use, for each and every building hereafter erected or structurally altered, shall not be encroached upon or considered as meeting the yard or open space requirements or the intensity of use provisions for any other building. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this title and the certificate of occupancy for such building thereupon shall be null and void.

(3) Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to impair any of the requirements of this title with respect to the existing building, and all yards and other open spaces in connection therewith, and no permit shall be issued for the erection of a new building on the new lot thus created unless it complies with the provisions of this title.

(4) Public utility uses within the public right-of-way are outright permitted in every zone of the city when instituted pursuant to a valid franchise. Small cell deployment on existing or replacement utility poles is permitted in conformance with the provisions of Chapter 11.07 OHMC. New poles and other small cell facilities may be permitted by a concealment plan approval if the new pole and small cell facilities are the minimum necessary to provide needed signal density.

(5) As authorized by provisions of RCW 36.70B.140 street vacations or other approvals relating to the use of the public rights-of-way including small cell deployment, permits relating to the use of public areas or facilities, and permits or approvals to use, vacate or transfer streets, parks and similar types of public property which are not land use decisions within the meaning of RCW 36.70C.020 are exempt from review as land use decisions except as specifically provided in Chapter 11.07 OHMC. (Ord. 1841 § 1, 2018; Ord. 1555 § 6, 2009).