Chapter 17.05
INTERPRETATION, PURPOSE, APPLICABILITY
Sections:
17.05.030 Conflict with other laws.
17.05.040 Zone change extension.
17.05.010 Title.
This title shall be known as the “zoning ordinance of the city of Othello.” (Ord. 948 § 2 (part), 1995).
17.05.020 Text, map book.
This title shall consist of the text hereof and of that certain zoning map which map is now on file in the office of the city clerk. A copy of that zoning map is attached to the ordinance codified in this title and a large display copy of that map shall be displayed at City Hall. The zoning map has been heretofore examined in detail by the city council and is adopted as a part of this title and shall be the zoning map of the city until amended by appropriate action of the city council. This title and each and all of its terms is to be read and interpreted in the light of the contents of the zoning map. If any conflict between the zoning map and the text of this title arises, the text of this title shall prevail. (Ord. 1271 § 1, 2008; Ord. 948 § 2 (part), 1995).
17.05.030 Conflict with other laws.
The provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare; therefore, where this title imposes a greater restriction upon the use of the buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other laws, ordinances, rules or regulations the provisions of this title shall control. (Ord. 948 § 2 (part), 1995).
17.05.040 Zone change extension.
Any person desiring to have an existing zone classification changed shall file a petition requesting such change together with the required fees with the city clerk. Said petition shall first be considered by the hearing examiner at a public hearing. If denied, the reasons for the denial shall be clearly set forth in the notice of decision. Upon approval of such petition, it shall be referred to the city council for further consideration. Approval of the petition and the actual change in the zone classification shall be accomplished only by the adoption of an ordinance which also amends the zoning map. (Ord. 1546 § 1, 2020: Ord. 948 § 2 (part), 1995).
17.05.050 Conditional uses.
Conditional uses shall only be permitted after a public hearing before the hearing examiner finding that:
(a) The use furthers the intent of the zone in which it will be located and conforms to the general plan.
(b) The use will not create undesirable traffic congestion or parking problems.
(c) The use will not be detrimental to surrounding properties or their uses because of appearances, noise, use, or other undesirable features.
(d) The use will meet all standards and regulations for the zone in which it is to be located.
(e) The use will not create undesirable environmental problems:
(1) The hearing examiner can make special requirements in connection with his/her decision following a public hearing if they are necessary to more closely fulfill the intent of the zone in which a development is permitted.
(2) Conditions, if any, which may be imposed on any proposed project requiring a conditional use permit, shall be endorsed on the conditional use permit and failure to comply therewith shall be grounds for revocation of the conditional use permit. Revocation of the conditional use permit shall be final after thirty days’ written notice of the violation is given by certified mail to the owner and/or occupant of the land or improvements for which the conditional use permit was issued if, in the meantime, the violation is not corrected.
(3) If no development has taken place on the proposal or if no building permits or subdivision applications have been issued or received within a twenty-four-month time limit from the date of issuance, the conditional use permit shall become null and void.
(4) The decision of the hearing examiner in approving or conditionally approving a conditional use permit shall stipulate whether the conditional use permit is issued to a person or whether the permit shall run with the land. “Person” shall be defined as an individual, corporation, company, firm, association, partnership, or joint stock company, a state, and all political subdivisions of a state or any agency or any instrumentality thereof having an ownership interest in the land as an owner, renter, or lessee. A use permitted as a conditional use is subject to the limits in the permit and conveys no greater rights than expressly permitted. A request for a revision to a conditional use permit shall be processed as an application for a new conditional use permit. (Ord. 948 § 2 (part), 1995).
17.05.070 Variance permit.
The hearing examiner may grant variances for the requirements of any zone only as permitted by law and Chapter 2.16. (Ord. 1305 § 2, 2009; Ord. 948 § 2 (part), 1995).