Chapter 20.02
GENERAL PROVISIONS AND ADMINISTRATION
Sections:
20.02.060 Text and official map.
20.02.100 Official zoning map.
20.02.010 Title and adoption.
This title shall be known and cited as the “Zoning Title, city of Shelton”. (Ord. 987 § 1.01, 1979)
20.02.020 General intent.
It is the intent of the city council to provide uniform, equitable and reasonable standards to govern the usage of land and structures in the interest of health, safety and the general welfare. (Ord. 1921-0518 (part), 2018; Ord. 987 § 1.02, 1979)
20.02.030 Plan and policy.
The zoning plan adopted for the city is an official map and land use policy to control and direct the use and development of property in the municipality by dividing it comprehensively into districts according to the present and potential use of the properties. (Ord. 987 § 1.03, 1979)
20.02.040 Public welfare.
Since the general welfare of the public is superior in importance to the pecuniary profits of the individual, this title may: (1) limit the use of property, (2) cause depreciation of property values, or (3) prevent the most profitable use of land. Zoning does not, therefore, constitute a vested right. Also, if some reasonable use of the property is allowed by this title, the effect is not confiscatory and is a proper exercise of police power. (Ord. 987 § 1.04, 1979)
20.02.050 Standards.
Standards provided by this title for particular districts and circumstances are determined to be the minimum requirements in the public interest of health, safety, and general welfare to achieve the objectives of the comprehensive plan. (Ord. 987 § 1.05, 1979)
20.02.060 Text and official map.
This title shall consist of the text hereof and that certain map or book of maps identified by the approving signature of the mayor, city clerk and city attorney; and marked and designated as which map or book is placed on file in the offices of the city clerk, county auditor and other city departments. Said map has heretofore been examined and duly considered in detail by the city council and is adopted as a part of this title. Said title and each and all of its terms and mapped details is to read and be interpreted in the light of the contents of said book of maps and their relationship to the comprehensive plan. If any conflict between the map and the text of this title is deemed to arise, the text of the title shall prevail. (Ord. 1921-0518 (part), 2018; Ord. 987 § 1.06, 1979)
20.02.070 Intent.
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare; therefore, where this title imposes greater restriction than is imposed or required by other laws, ordinances, rules or regulations, the provisions of this title shall control. (Ord. 987 § 14.01, 1979)
20.02.080 Special uses.
Recognizing that there are certain uses of property that may or may not be detrimental to the public health, safety and general welfare, depending upon the facts of each particular case, the hearings examiner shall have limited power to issue special permits, in accordance with Chapter 20.46 after public hearing, for such new and unusual uses which are of similar character and not specifically mentioned elsewhere in the title as a permitted use. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 14.02, 1979)
20.02.085 Temporary uses.
The following may be permitted by the community development director as temporary uses under this title:
A. Model homes or apartments and related real estate services, if the use is located within the residential development to which the use pertains;
B. A circus, carnival, rodeo, fair, or similar activity, if:
1. The activity is located in a general commercial zoning district;
2. If the use will not impact or obstruct a public right-of-way; and
3. The activity is sufficiently limited in time and duration to not affect neighboring residences;
C. Yard sales, provided they are limited to no more often than four per year, and such sale shall not be continued for a period of more than three consecutive days, and shall not commence on each day of such sale before eight a.m. nor continue past eight p.m.;
D. Christmas tree sales;
E. An on-site construction field office, if the use is located in a portable structure and conducted for not more than six months;
F. The seasonal retail sale of agricultural or horticultural products, if the use is located in a general commercial zoning district;
G. A sales office for a new subdivision, if the sales office is located within the subdivision and at least two hundred feet from existing dwellings outside the subdivision;
H. A single dwelling located in a mobile structure on a construction site may be permitted as a temporary use under this title for the purpose of providing security against nighttime theft or vandalism, for a period of up to six months and, if requested by the applicant, may extend that period for an additional six months;
I. Retail services may be permitted as a temporary use within the downtown (DT) or general commercial (GC) zoning districts, in accordance with the following requirements:
1. The use shall be located within an enclosed fire area, as defined by the building code, that does not require structural changes to accommodate the use;
2. Shall have an approved certificate of occupancy or temporary certificate of occupancy. Approval for a temporary retail use under this subsection may be issued for up to forty-five days and renewed once, for a total operating period not to exceed ninety days; and
3. Upon securing permits from the Mason County health department for food service, and the State Liquor Control Board for the sale of alcoholic beverages, as applicable.
The community development director may condition the approval of a temporary use on compliance with additional requirements that the community development director determines are necessary to ensure land use compatibility and minimize adverse effects on nearby uses, including requirements for hours of operation, frequency of use, parking, traffic circulation, screening, enclosure, site restoration, and cleanup. (Ord. 1873-0815 § 3, 2015)
20.02.090 Interpretations.
The public works department and/or the hearings examiner may permit by interpretation in a zoning district any use not described in this title not a prohibited use or not expressly allowed in a less restrictive district, in accordance with Chapter 20.48. A record shall be kept of such interpretations to facilitate equitable future administration and to permit periodic amendments to this title. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 14.03, 1979)
20.02.100 Official zoning map.
It shall be the duty of the hearings examiner to interpret the provisions of this title in such a way as to carry out the intent and purpose of the official zoning plan as shown by the zoning map accompanying and made a part of the ordinance codified in this title. (Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 14.04, 1979)
20.02.110 Comprehensive plan.
It shall be the duty of the hearings examiner and city council to interpret and/or administer the provisions of this title in such a way as to carry out the intent and purpose of the long-range comprehensive plan prepared by the hearings examiner in compliance with RCW 35.63 and adopted by the city council. (Ord. 1921-0518 (part), 2018; Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 14.05, 1979)
20.02.120 Public hearing.
A. Whenever a public hearing is to be held by the hearings examiner for a change of zoning, no less than three notices thereof shall be posted by the director of planning in conspicuous places on or adjacent to the tract, lot or other land or building area affected.
B. Written notices shall be mailed to adjacent landowners, or their agents, or others likely to be affected. Such notices shall state the time and place of such hearing and the nature of the question to be heard and shall be posted not less than fourteen days prior to the date of hearing. Notices shall be sent to the names appearing on the tax rolls of all property within a distance of three hundred feet, streets and alleys excluded, and of all property which is the subject of the public hearing not less than seven days before the public hearing. Notices may also be sent to other property owners who might be affected. In addition, notice of the hearing shall be published at least ten days prior to the hearing in the city’s newspaper of record. In addition to other required data accompanying a request involving public hearing, nonrefundable fee payable to the city shall be filed to cover costs incurred in connection with the posting and mailing of notices in the amount indicated elsewhere in this title. (Ord. 1450-796 § 1 (part), 1996; Ord. 1311-191 § 1 (part), 1991; Ord. 987 § 14.06, 1979)
20.02.130 Conflict.
In the event of conflict of provisions in this title, the most restrictive requirements shall prevail. (Ord. 987 § 14.07, 1979)
20.02.140 Six-month validity.
Any permit or approval issued pursuant to provisions of this title shall remain effective only for six months, unless the use allowed is begun within that time. If not in use or if related construction is not undertaken within six months, the authorized use shall become invalid, and the principal uses permitted outright in the district shall prevail; provided, that two extension periods of six months may be granted upon proof of need and timely application therefor is made to the director of planning. (Ord. 1311-191 § 1 (part), 1991; Ord. 987 § 14.08, 1979)
20.02.150 Recording.
To ensure the perpetuation of any and all conditions and limitations agreed upon as conditions of the special permit or exception authorized, the owner and/or owners of the property affected shall execute a declaration of restrictions and covenants to be duly recorded covering said property. The city attorney shall approve all such forms. Said requirements may not be relaxed without a rehearing. The covenant is waived and terminated at such time as the use is abandoned as to any duties not yet due to be performed under the covenant at the time of abandonment of use. Also, any permits or rights granted on the basis of a variance or conditional use are terminated when the use is abandoned. (Ord. 987 § 14.09, 1979)