Chapter 12.28
MAPPED STREETS
Sections:
12.28.010 Purpose and authority.
12.28.040 Enforcement and administration.
12.28.060 Official street map – Establishment.
12.28.070 Official street map – Additions and changes.
12.28.080 Regulation of buildings in bed of mapped streets.
12.28.090 Municipal improvements in streets.
12.28.010 Purpose and authority.
In accordance with the Laws of Washington, 1935, as provided for in RCW 35.63.080 through 35.63.110, the city council of the city enacts the ordinance codified in this chapter for the following purposes:
A. To provide for adoption and enforcement of coordinated plans as part of a comprehensive plan for the advantageous development of the municipality.
B. To lessen traffic congestion and accidents.
C. To prevent overcrowding of land.
D. To avoid undue concentration and population.
E. To promote harmonious and coordinated development.
F. To facilitate the adequate provision of transportation.
G. To establish official street maps for the whole or any portion of the municipality and to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures or land.
H. To integrate, to the police power of the city, the authority expressed in Chapters 35.63, 35.78, 58.12 and 58.16 RCW, and to secure continuity between planning and land development. (Ord. 364 § 1, 1978)
12.28.020 Short title.
The ordinance codified in this chapter shall be known as the mapped street ordinance of the city. (Ord. 364 § 13, 1978)
12.28.030 Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
A. “City council” means the chief legislative body of the city.
B. “Commission” means the city planning commission of the city.
C. “Official street map” means certain maps so designated showing location, size and dimension, together with reports relating thereto, of land areas deemed to be necessary for future public use for street purposes.
D. “Plot plan” means scale drawings, showing the actual dimensions of the building sites and showing the size, use and location of existing and proposed buildings to be erected thereon.
E. “Street” or “streets” relates to and includes streets, avenues, boulevards, roads, lanes, alleys and other traffic ways. (Ord. 364 § 2, 1978)
12.28.040 Enforcement and administration.
It is the duty of the city building department to interpret, administer and enforce the provisions of this chapter; to issue permits for the use of land, erection, construction, reconstruction, alteration and repair of any building and/or structure or parts thereof. (Ord. 364 § 3, 1978)
12.28.050 Procedure.
Any person, firm or corporation proposing to erect, construct, reconstruct, alter, repair or use any location, site, parcel of land, buildings and/or structures shall make application to the building inspector for a building permit. Each such application shall include a plot plan of the land. (Ord. 364 § 4, 1978)
12.28.060 Official street map – Establishment.
A. After the commission duly adopts a comprehensive plan which includes a major street plan, and shall have certified a copy of the comprehensive plan to the city council of the municipality, the city council may establish an official street map of the municipality showing the location of the streets of the whole or any part or parts of the municipality theretofore existing and established by law as public streets, or anticipated as future public streets.
B. The official street map may also show the location of the lines of streets on plats of subdivisions. The official map may also show the location of lines of private streets on plats of subdivisions which, previous to the establishment of the official map shall have been approved under and in accordance with the provision of earlier laws and ordinances. The city council shall certify the official street map which shall be filed and recorded in the office of the county auditor of Clallam County. (Ord. 364 § 5, 1978)
12.28.070 Official street map – Additions and changes.
A. In the event that the official street map established under SMC 12.28.060 does not include the entire municipality, the city council may add to the official map by placing thereon, from time to time, the lines of streets which are planned new streets, or street extensions, widenings, narrowings or vacations; provided, however, that before taking any such action, the city council shall hold a public hearing thereon, notice of the time and place of which shall be given not less than 10 days prior to the time fixed for public hearing by one publication in a newspaper of general circulation in the municipality and by posting notice of the hearing in the city hall.
B. The placing of any street or street line upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes. (Ord. 364 § 6, 1978)
12.28.080 Regulation of buildings in bed of mapped streets.
A. No permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on the official map, except as specified in this section.
B. The city council shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the granting of a permit for a building or structure or part thereof within any such mapped-street location in any case in which the applicant demonstrates to the satisfaction of the city council that:
1. There are special circumstances applicable to the property in question or to the intended use, such as shape, topography, location or surroundings that do not apply generally to other properties or classes of use in the same vicinity and zone.
2. That a variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances would be denied to the property in question.
3. That the granting of a variance to the ordinance codified in this chapter will not be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity and zone in which the subject property is located. The city council shall deny the appeal unless all of the above conditions are found to exist.
C. The city council, under this section, shall have the power to specify the exact location, ground area, height and other details and conditions of extent and character, and also the duration, of the building, structure or part thereof to be permitted, and may require that the owner file a waiver of claims of damage for the removal of any structures that may be in the restricted area when the street is improved. (Ord. 364 § 7, 1978)
12.28.090 Municipal improvements in streets.
Except in streets existing and established by law as public streets at the date of the establishment of the official street map, no public water facilities, sewer or other public utilities or improvements shall be constructed in any street not placed upon the official street map. (Ord. 364 § 8, 1978)
12.28.100 Violation.
A. This chapter is for the benefit of life, health, welfare, safety and convenience of the inhabitants of the city. It is made a misdemeanor to violate any of the provisions of this chapter or any amendment hereto. Such violation shall be punished as authorized for cities of the third class by the statutes of the state, for the commission of a misdemeanor pursuant to ordinances promulgated therefor. Each day’s violation shall constitute a separate and distinct offense.
B. In the event the city chooses to exercise its eminent domain powers and acquire real property located within the lines of mapped streets, no person or property owner shall be entitled to compensation which is attributable to any building or portion thereof constructed in violation of this chapter. (Ord. 364 § 9, 1978)