Chapter 15.100 AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATION

C. To provide for the economic, social, and aesthetic advantages of orderly development and redevelopment through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

D. To provide for adequate public facilities and services in conjunction with development;

E. To ensure public safety by restricting development of lands containing physical hazards and to minimize the adverse environmental impacts of development; and

F. To ensure that land use decisions are made in accordance with the public interest and applicable laws of the State of Washington, including the Growth Management Act and subsequent amendments. (Ord. 15-1018 § 1)

15.100.020 Requirement of Code Conformity

A. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with the Municipal Code. Site planning and design shall consider stormwater management, especially the design and integration of LID BMPs, as early as possible in the project planning phase. Where feasible, locate buildings away from soils that provide effective infiltration; site LID BMPs (as defined in Chapter 12.10 SMC) in areas with good infiltration capacity; reduce impervious surfaces; and retain native vegetation.

1. Repealed by Ord. 18-1001.

2. Repealed by Ord. 18-1001.

3. Exemptions from Permit Requirements. The following actions are exempt from any permit requirements, although they must still meet the requirements of the code:

a. Construction of an accessory building of less than one hundred twenty (120) square feet;

b. Fences of six (6) feet or less in height;

c. The cutting of one (1) or more trees by the owner of a single-family property on which is an existing single-family home, unless such trees are in a steep slope, wetland, or other sensitive area, or sensitive area buffer, or unless such trees are required to be retained by covenants on the property.

B. Creation of, or changes to, lot lines shall conform with the use provisions, dimensional and other standards, and procedures of the code and SMC Title 14, Subdivisions.

C. All land uses and development authorized by the code shall comply with all other regulations and requirements of the code or any other local, State or Federal agency that has jurisdiction over land uses and development. Where a difference exists between the code and other regulations, the more restrictive requirements shall apply.

D. Where more than one (1) part of the code applies to the same aspect of a proposed use or development, the more restrictive requirements shall apply. (Ord. 18-1001 § 2; Ord. 16-1022 § 1 (Exh. C); Ord. 15-1018 § 1)

15.100.030 Minimum Requirements

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of the code. Additionally, the Director shall issue an interpretation on areas of question as set forth in SMC 15.100.050, Interpretation – General. (Ord. 15-1018 § 1)

15.100.040 Development Agreements

A. If it is determined, as a discretionary matter, that particular and demonstrable public benefits will accrue to the City, development agreements may be entered into by and between the City and persons and entities having ownership or control of real property, pursuant to RCW 36.70B.170 through 36.70B.200 to establish development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of specific real property, to engender funding or providing of services, infrastructure, and other facilities, including potential reimbursement over time for private financing of public facilities, and to permit imposition of impact fees, inspection fees, dedications, other financial contributions, and mitigation measures where the same are expressly authorized by provisions of State law.

B. The terms of any such development agreement shall be consistent with the Comprehensive Plan and with the development regulations of this code, and shall conform to the purpose of SMC 15.115.005, Purpose, and the criteria set forth in SMC 15.115.030, Development Agreements. Development agreements are subject to the public hearing notice requirements contained in SMC 16A.13.010, Notice of Public Hearing.

C. The Director is hereby authorized and directed to cause the Official Zoning Map to be amended to notate properties subject to approved development agreements, and to update the zoning map upon adoption of future agreements. A notation shall be placed upon the Official Zoning Map and on appropriate GIS databases to provide notice of the development agreement. The notation shall reference an appendix to the Zoning Code which shall identify the development agreement and any other details deemed appropriate. (Ord. 15-1018 § 1)

15.100.050 Interpretation – General

A. Regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.

B. A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise.

C. Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

D. The word “shall” is mandatory and the word “may” is discretionary.

E. Unless the context clearly indicates otherwise, words in the present tense shall include past and future words defined in this title; all words and terms used in this code shall have their customary meanings.

F. The Director shall issue administrative interpretation on the Zoning Code in order to clarify the intent and standards. The interpretation shall have the stated issue, findings of fact, and conclusions and shall be considered during the annual review of the code for inclusion as a standard.

G. This title does not allow any use which is in violation of any local, State, or Federal laws, regulations, codes and/or ordinances. (Ord. 15-1018 § 1)

15.100.060 Interpretation – Boundaries

Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:

A. Where the boundaries are not clearly designated in regard to rights-of-way, the Director shall determine the nearest lot line to be the boundary for a zone boundary;

B. Where boundaries are indicated as following lines of ordinary high water, or government or meander line, the lines shall be considered to be the actual boundaries, and if these lines should change, the boundaries shall be considered to move with them;

C. Where a public right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged; and

D. If none of the rules of interpretation described in subsections (A) through (C) of this section apply, then the zoning boundary shall be determined by map scaling. (Ord. 15-1018 § 1)

15.100.070 Administration and Review Authority

A. The Hearing Examiner shall have the authority to hold public hearings and make decisions and recommendations on reclassification, subdivisions and other development proposals and appeals as set forth in City ordinances, including Chapter 15.115 SMC, Land Use Actions and Procedures, and subsequent amendments.

B. The Director shall have the authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, in violation or noncompliance with this code.

C. The Director shall have the sole authority to issue official interpretations of the Zoning Code, in accordance with the criteria set forth in SMC 15.100.050, Interpretation – General. Such decisions shall be considered administrative decisions which can be appealed through the Hearing Examiner. (Ord. 15-1018 § 1)

15.100.080 Severability

Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title. (Ord. 15-1018 § 1)