Chapter 18.81
ADMINISTRATION AND ENFORCEMENT
Sections:
18.81.140 Zoning of annexed areas.
18.81.150 Appeal hearing and map interpretation.
18.81.160 Administrative exception—Authority.
18.81.180 Intent—Stricter regulation to govern.
18.81.210 Landing field overlay district.
18.81.010 Authority.
A. The city administrator and his agents are charged with the administration and enforcement of this title.
B. Enforcement of this title will be in accord with Title 19.
C. The planning commission is the “planning agency” as defined in Chapter 35A.63 RCW except for those functions specifically reserved to the city council. The planning commission performs all duties specified in this title and conducts all public hearings concerning changes of zone and the comprehensive plan and amendments to this title and such other duties as are reserved to the “planning agency” in Chapter 35A.63 RCW except those specifically reserved to the board of adjustment. (Ord. 1917 § 1 (part), 1997).
18.81.020 Use of permits.
Any permit, limited change-of-zone, conditional use permit or any other permit, license or approval issued under this title is subject to the terms, conditions, limitations contained therein and any law, ordinance or regulation which touches and concerns it. Such licenses and permits may be altered or amended from time to time as may be necessary to protect the public health, convenience and safety. Likewise, any permit, license or other approval issued under this title may be suspended or revoked for failure of the property owner or occupant to comply with conditions thereof and, if it appears reasonably necessary to ensure compliance with the terms and conditions of any permit or license or to insure against financial loss to any person who may be adversely affected thereby, a surety or cash bond in an amount determined by the administrator, commission or council may be required. (Ord. 1917 § 1 (part), 1997).
18.81.130 Public hearings.
Public hearings will be held whenever required by this title or necessary in the public interest. Such hearings will be in accord with Title 19. Failure to receive notice of the hearing in no way affects the validity of action taken. (Ord. 1917 § 1 (part), 1997).
18.81.140 Zoning of annexed areas.
A. Zoning of areas proposed for annexation will be in accord with RCW 35A.14.340. In addition, public hearing notices will be mailed to property owners within three hundred feet of the exterior boundaries of the property to be annexed.
B. At its discretion and pending further study and hearings, the city, upon recommendation of the planning commission, may classify areas proposed for annexation as UR (Urban Reserve). (Ord. 1917 § 1 (part), 1997).
18.81.150 Appeal hearing and map interpretation.
A. Appeals will be in accord with Title 19, when it is alleged by the applicant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title.
B. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the city council, after notice to the owners of the property and after public hearing, will interpret the map in such a way as to carry out the intent and purposes of this title. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the council and a determination will be made by the council. (Ord. 1917 § 1 (part), 1997).
18.81.160 Administrative exception—Authority.
An administrative exception not to exceed one foot of any dimensional standard pertinent to front yard, side yard, rear yard, building height, flanking street, and building line may be granted by the administrator without public hearing and without posting of public notice. (Ord. 1917 § 1 (part), 1997).
18.81.170 Penalties.
Any person violating any provisions of this title or failing to comply with any condition, restriction, term or conditions of any license, permit or other approval, is guilty of a misdemeanor and will be punished accordingly. (Ord. 1917 § 1 (part), 1997).
18.81.180 Intent—Stricter regulation to govern.
This title does not interfere with easements, covenants, deed restrictions or other agreements except insofar as it may impose greater restrictions than are imposed thereby. The administrator may, if he deems it in the public interest, enforce any easement, deed restriction or other agreement touching or concerning real property which he finds to be consistent with and in the furtherance of the city’s planning goals. (Ord. 1917 § 1 (part), 1997).
18.81.190 Schedule of fees.
Fees for all applications pursuant to this title shall be paid in accordance with Chapter 20.10. (Ord. 2622 § 1, 2008: Ord. 1917 § 1 (part), 1997).
18.81.200 Overlay districts.
A. Purpose. Overlay districts are intended to promote organized development, preservation and use of contiguous, established areas. The regulations are in addition to the underlying zone. Overlay districts will be used for special areas and may extend beyond the boundaries of the area being overlayed.
B. Permitted Uses. Only those uses permitted in the underlying zoning district are permitted in an overlay district. Uses may, however, be expanded, modified or restricted by the provisions of the overlay district. If there is a conflict between the overlay district and the underlying zoning district, the overlay zoning regulations will prevail. The establishment of an overlay zone repeals any special condition or limitation on a zoning classification within an overlay district.
C. Procedure to Establish. Overlay zones are established in accord with Chapter 18.78. However, the matter will not be scheduled for required public hearings until the administrator and property owner have prepared overlay regulations. The required hearings will entail public review of the proposed regulations and boundaries of the proposed overlay district.
D. Amendments. Overlay zones are amended in accord with Chapter 18.78. (Ord. 1917 § 1 (part), 1997).
18.81.210 Landing field overlay district.
A. Purpose. The purpose of the landing field overlay district is to provide guidelines to help assure that development with areas impacted by airport operations is appropriately planned to mitigate such operations. The overlay district is also intended to prevent the establishment of air space obstructions in air approaches through height restrictions and other land use controls as deemed essential to protect the public health, safety and welfare. The overlay district is also intended to further the conclusions of the Prosser Airport Master Plan Update, dated July, 1990.
B. Boundaries of District. The boundaries of the landing field overlay district are the twenty to one approach slopes extending one thousand feet from each end of the runway, as shown on the airport layout plan of the aforementioned airport master plan.
C. Review of Permits. The Port of Benton or their designee will review all permits for construction within the boundaries of the district to ascertain if the proposed construction is within the height requirements of the twenty to one approach slope areas. No building permit for construction within the approach slopes will be issued until the airport administrator has determined that the airport height requirements have been complied with.
D. Limitations. No place of public assembly or multiple-family dwelling will be allowed within an approach slope area. No sign lighting nor exterior lighting shall blink, flash, shimmer, oscillate, rotate or project into the approach slope areas in such manner as to cause any confusion or distraction to aircraft pilots. No use will be allowed in the overlay district which is likely to attract an unusual quantity of birds. (Ord. 1917 § 1 (part), 1997).
18.81.900 Severability.
If any section, sentence, clause or phrase of this chapter or the remainder of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or the remainder of this title. (Ord. 2622 § 2, 2008).