Chapter 17.06
ADMINISTRATION—CONSTRUCTION—REZONE
Sections:
17.06.010 Application of regulations.
17.06.020 Interpretation of district boundaries.
17.06.030 Interpretation of the code.
17.06.050 Interpretation of permitted uses.
17.06.060 Interpretation of conditional uses.
17.06.080 Refiling of applications.
17.06.110 Continued public hearing.
17.06.120 Occupancy certificate.
17.06.010 Application of regulations.
The regulations set by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
A. No building, structure or land shall hereafter be used or occupied and no building shall be reconstructed, moved or structurally altered except in conformity with all of the herein specified for the district in which it is located, except as provided in Chapter 17.48, Nonconformities.
B. No building or other structure shall hereafter be erected or altered to exceed height or volume limitations, or to accommodate or house a greater number of families than allowed, or to occupy a greater percentage of lot area than allowed, or to have narrower or smaller rear yard, front yard, side yard or other open spaces than are allowed by this title.
C. No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title.
D. All territory which may hereafter be annexed to the city shall be zoned prior to final annexation.
(Ord. 837 § 1 (part), 2008: Ord. 136 § 4.01, 1974)
17.06.020 Interpretation of district boundaries.
Where an uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. Boundaries indicated as approximately following the city limits shall be construed as following such city limits.
D. In circumstances not covered by subsections (A) through (C) of this section, provisions of Section 17.06.040 shall be used to make a final determination.
(Ord. 837 § 1 (part), 2008: Ord. 714 § 6, 2001; Ord. 136 § 4.02, 1974)
17.06.030 Interpretation of the code.
In interpreting and applying the provisions of this title, they shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. Except as specifically herein provided, it is not intended by this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law, regulation or permit previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or land or relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement, nor is it intended to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, that whenever this title imposes greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings, or the use of any building, or of any land in any of the districts established by this title, than are imposed or required by such existing provisions of law or regulations, or permits, or easements, or covenants, or agreements, then the provisions of this title shall control. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section of this title. (Ord. 837 § 1 (part), 2008: Ord. 136 § 4.04, 1974)
17.06.040 Clarification.
It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the city planner, and that such questions shall be presented to the hearing examiner only on appeal from the decision of the city planner, and that recourse from the decisions of the hearing examiner shall be to the courts as provided by law. (Ord. 837 § 1 (part), 2008: Ord. 714 § 7, 2001; Ord. 611, 1997; Ord. 136 § 4.05, 1974)
17.06.050 Interpretation of permitted uses.
A. Permitted uses are allowed as a matter of right subject to compliance with all applicable general and use specific regulations and standards.
B. The listed “permitted uses” are intended as examples of permitted uses rather than an exhaustive list. Where a person applies for a use not specifically listed in the “permitted uses,” the city planner will determine whether the use applied for may be considered a permitted use. Such determination shall be based upon the written purpose of the zone, the similarity of the use applied for to the listed permitted, conditional and prohibited uses in the zone and the relevant provisions of the comprehensive plan. Appeals of such determination by the city planner or in his or her absence the public works director or designee may be made to the hearing examiner. See Chapter 17.58 for the appeal procedure and rules pertaining thereto.
(Ord. 858 § 1 (part), 2009; Ord. 837 § 1 (part), 2008: Ord. 714 § 8, 2001; Ord. 611, 1997; Ord. 136 § 4.06, 1974)
17.06.060 Interpretation of conditional uses.
A. Conditional uses are those which may be permitted to locate in a given district only after hearing and approval of a conditional use permit by the hearing examiner. The hearing examiner may deny permission to locate a conditional use, or it may approve the application with certain conditions. Such conditions may be derived from the contents of the “intent” section for the district and the “conditional use criteria” section for the district.
B. The listed “conditional uses” are intended as examples rather than as an exhaustive listing. When a person applies for a conditional use permit for a use not specifically listed in the “conditional use” section, the hearing examiner will determine whether the use applied for may be considered an appropriate conditional use for the particular district. Such determination shall be based upon the “intent” section of the zone, the conditional use criteria in Chapter 17.52, the similarity of the use applied for to the listed permitted, conditional and prohibited uses in the zone and relevant provisions of the comprehensive plan.
(Ord. 837 § 1 (part), 2008: Ord. 714 § 9, 2001; Ord. 136 § 4.07, 1974)
17.06.070 Application forms.
The city planner shall prescribe the form and information required for rezoning applications. The city planner shall prescribe the form and information required on variance applications, appeals of administrative decisions and conditional use applications. No application shall be accepted unless it complies with such requirements and is verified under oath as to the truthfulness and correctness of information given by the applicant. (Ord. 837 § 1 (part), 2008: Ord. 714 § 10, 2001; Ord. 136 § 11.01, 1974)
17.06.080 Refiling of applications.
Upon final action denying an application for a change of zone, variance or conditional use permit, the city planner shall not accept further filing of an application for substantially the same property involving substantially the same use within one year from the date of denial, unless new evidence is submitted. (Ord. 837 § 1 (part), 2008: Ord. 611, 1997; Ord. 136 § 11.02, 1974)
17.06.090 Records.
A. The city planner shall cause to be kept a brief minute record of all proceedings of the planning commission, excepting study sessions scheduled as a separate agenda item. Such record, applications, written orders or motions showing the action and the reasons therefor, and evidence of notice and other exhibits shall become part of the records.
B. The hearing examiner shall prescribe record-keeping procedures which shall be in sufficient detail to provide for a detailed transcript satisfactory to serve as court evidence. Such record of meetings need not be kept for more than one year and no portion need be transcribed unless an appeal is filed and such transcript is requested by the city attorney. A file shall be maintained for each variance application, and the application and any exhibits and correspondence shall become part of the file and the record. Each file shall, after conclusive action, include a brief record of the findings, action and any other information deemed necessary to maintain historical record.
(Ord. 837 § 1 (part), 2008: Ord. 714 § 11, 2001; Ord. 611, 1997; Ord. 136 § 11.03, 1974)
17.06.100 Filing fees.
Applications for the following shall be accompanied by the fee established for that type of application by resolution of the city council: change of zone, variance, conditional use permit, special district rezone, and other hearings as established by city ordinance.
The land use permit applicant shall pay to the city all costs incurred by the city that are associated with processing the land use permit, including consultant costs. City and consultant reimbursable costs include, but are not limited to, actual time and materials costs for application review, assessment, engineering, inspections, legal, secretarial, administrative, publication, and other city processing costs. In addition, the applicant shall pay any charges made by the hearing examiner above the city’s basic established fee. (Ord. 927 § 1 (part), 2013; Ord. 837 § 1 (part), 2008: Ord. 560 § 1, 1993: Ord. 540 § 1, 1992: Ord. 517 § 1, 1991: Ord. 326, 1981: Ord. 216 § 2, 1977: Ord. 136 § 11.04, 1974)
17.06.110 Continued public hearing.
If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to, and at which, the hearing or meeting will be continued and no further notice is required. (Ord. 837 § 1 (part), 2008: Ord. 136 § 11.05, 1974)
17.06.120 Occupancy certificate.
A. To assure compliance with the provisions of this title, a certificate of occupancy shall be obtained from the building officer before any multiple dwelling or commercial building is initially occupied or used, or before any building which has been structurally altered or enlarged is reoccupied or used, or before any change in or addition to the use of a building or premises is made.
B. If the subject requiring a certificate of occupancy is also required to secure a building permit, such required certificate may constitute a separately identified part of such permit, and shall be approved by the building officer as conforming before any building permit, business license or other evidence of authority required by law may be issued. Each certificate of occupancy shall be issued upon application signed by the authorized applicant, and shall contain a correct statement of the use intended to be established and such certificate shall be issued only if the declared use conforms to the provisions of this title. No license or permit in conflict with the provisions of this title shall be issued, and if issued, any such license or permit shall be null and void.
(Ord. 837 § 1 (part), 2008: Ord. 136 § 11.06, 1974)