Division I. General
Chapter 15.02
GENERAL PROVISIONS
Sections:
15.02.050 Minimum requirements.
15.02.060 Interpretation – Language construction.
15.02.070 Computation of time.
15.02.080 Right-of-way interpretation.
15.02.090 Withdrawal of applications.
15.02.110 Permit suspension, revocation, or modification.
15.02.130 Penalties and enforcement.
15.02.005 Introduction.
The city of South Bend has prepared this unified development code to guide the city, developers, and citizens when development occurs within the city. The development that results from growth within the city may take many forms, including but not limited to:
A. New or remodeled commercial or industrial buildings;
B. New or remodeled citizen housing, including single-family homes, multifamily homes, and manufactured homes;
C. Property development, including land subdivision and/or clearing, filling, or grading.
It is the desire of the city that the quality of life in South Bend continues as the city’s population grows and the city expands. A key component to maintaining and improving that quality of life for citizens is establishing clear requirements and standards that guide development as it occurs. This title provides clear requirements at the beginning of the development review process to individuals or entities wishing to develop within the city. (Ord. 1222 § 1, 1997).
15.02.010 Title.
A. The document codified in this title will be known and may be cited as the South Bend unified development code, and is referred to herein as “this title.”
B. The South Bend unified development code consists of the text of this title, the city’s zoning ordinance, other documents that are adopted by reference in this title, and the city’s official zoning map, all of which are on file at the office of the city clerk-treasurer. (Ord. 1222 § 1, 1997).
15.02.020 Authority.
This title is adopted pursuant to the authority contained in Chapter 35A.63 RCW (Planning and Zoning in Code Cities), Chapter 35A.58 RCW (Boundaries and Plats), Chapter 36.70A RCW (Growth Management Act), Chapter 36.70B RCW, Chapter 36.70C RCW (Land Use Petition Act), Chapter 86.16 RCW (Flood Prevention), RCW Title 58 (Boundaries and Plats), and any other appropriate state regulations. (Ord. 1222 § 1, 1997).
15.02.030 Applicability.
A. The provisions of this title apply to all development in the city, and no development may occur before obtaining a permit or approval pursuant to this title, except as provided in subsection (B) of this section.
B. This title does not affect the validity of any effective development permit that was issued before the effective date of the ordinance codified in this title.
C. Nothing in this title authorizes development that is inconsistent with and does not further the framework and policy direction provided for in the city’s adopted comprehensive plan pursuant to Chapter 36.70A RCW. (Ord. 1222 § 1, 1997).
15.02.040 Purpose and intent.
The purposes of this title are:
A. To establish regulatory procedures and standards for review and decisionmaking of all proposed development in the city;
B. To foster and preserve public health, safety, comfort, and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the city, in accordance with the comprehensive plan;
C. To adopt a development review process that is efficient, effective, and equitable;
D. To prohibit or condition incompatible land uses by regulating density and dimensional aspects of development;
E. To ensure that new development(s) install all private and public infrastructure necessary to serve the new development and protect environmentally sensitive areas;
F. To implement the comprehensive plan of the city;
G. To regulate the subdivision of land to ensure that:
1. Adequate utility and public facilities are provided in developing portions of the city;
2. Land development is coordinated;
3. Uniform monumenting of land subdivisions and conveyance by accurate legal description is achieved; and
H. To provide for a penalty for the violation of this title. (Ord. 1222 § 1, 1997).
15.02.050 Minimum requirements.
The requirements in this title are the minimum requirements necessary to accomplish the purposes of this title. (Ord. 1222 § 1, 1997).
15.02.060 Interpretation – Language construction.
The following rules of construction apply to the text of this title:
A. The words “must” and “will” are always mandatory and not discretionary. The words “should” and “may” are permissive and are discretionary;
B. Words used in the present tense include the future;
C. Words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary;
D. A “building” or “structure” includes any part of a building or structure;
E. The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity;
F. The word “includes” does not limit a term to the specified examples, but is intended to extend its meaning to all other similar instances or circumstances; and
G. The use of any gender-based pronoun (e.g., “he”) should not be construed to be gender biased, but is only used for grammatical simplicity. (Ord. 1222 § 1, 1997).
15.02.070 Computation of time.
The time within which an act is to be done is computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day will be excluded. (Ord. 1222 § 1, 1997).
15.02.080 Right-of-way interpretation.
A. Land contained in rights-of-way for streets or alleys will be considered unclassified, except when the areas are specifically designated on the zoning map as being classified in one of the zones provided in this title.
B. Uses within street or alley rights-of-way will be limited to street purposes as defined by law.
C. Where a right-of-way is vacated, the vacated area will adopt the zone classification of the adjoining property with which it is first merged. (Ord. 1222 § 1, 1997).
15.02.090 Withdrawal of applications.
An applicant may withdraw an application at any time. (Ord. 1222 § 1, 1997).
15.02.100 Violations defined.
Structures or uses that do not conform to this title are violations subject to the enforcement, penalty, and abatement provisions of this title, except approved variances and legal nonconforming uses as specified in this title. Violations include, but are not limited to:
A. Establishing a use not permitted in the zone in which it is located;
B. Constructing, expanding, or placing a structure in violation of setback, height, and other dimensional standards;
C. Establishing a permitted use without complying with applicable development standards set forth in other ordinances, regulations, ordinances, rules, or laws;
D. Failing to carry out or observe conditions of a permit or approval, including contract development standards of property-specific agreements;
E. Failing to secure a required permit or approval before establishing a permitted use; and
F. Failing to maintain site improvements as required in this chapter, including but not limited to landscaping, parking, or drainage control facilities. (Ord. 1222 § 1, 1997).
15.02.110 Permit suspension, revocation, or modification.
Any permit or approval issued by the city pursuant to this title may be suspended, revoked, or modified by the city supervisor on one or more of the following grounds:
A. The permit or approval was obtained by fraud;
B. The permit or approval was granted based on inadequate or inaccurate information supplied by the applicant or the applicant’s representative;
C. An error of procedure occurred which prevented consideration of the interests of persons directly affected by the approval;
D. The permit or approval granted is being exercised contrary to the terms or conditions of the permit or approval or in violation of any statute, law, or regulation; or
E. The holder of the permit or approval interferes with any authorized city representative in the performance of his or her duties, relevant to the permit or approval or implementation and review of the permit. (Ord. 1222 § 1, 1997).
15.02.120 Security agreement.
A. When a completion security or maintenance security is posted, the applicant and the city supervisor must sign a notarized security agreement, approved in form by the city attorney. This security agreement must be recorded with the Pacific County auditor. The security agreement must provide the following information:
1. A description of the work or improvements covered by the security;
2. The period of time covered by the security;
3. The amount and nature of the security and the amount of the cash deposit;
4. The rights and duties of the city;
5. The rights and duties of the applicant;
6. An irrevocable license to run with the property to allow the employees, agents, or contractors of the city to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making improvements covered by the security;
7. The mechanism by and circumstances under which the security will be released.
B. When the city releases any recorded security mechanism to the applicant, a copy of the letter of release must be filed with the Pacific County auditor. (Ord. 1222 § 1, 1997).
15.02.130 Penalties and enforcement.
A. Any person who violates any of the provisions of this title is guilty of a misdemeanor, and each day or portion of a day during which a violation is committed, continued, or not permitted will constitute a separate criminal offense. The maximum penalty for each violation is a fine of not more than $1,000 or imprisonment for not more than 90 days, or both imprisonment and fine.
B. When any permittee fails to comply with the terms of a permit or approval issued, approved, or imposed under this title, the city supervisor may issue a written order to immediately stop all work except that which is necessary to bring the project into compliance with the permit. If any permittee fails to comply with the order, that permittee will be guilty of a misdemeanor, and each day or portion of a day during which a violation is committed, continued, or not permitted will constitute a separate offense. The penalty for each violation will be as defined in subsection (A) of this section. If any person does not comply with any such order within 30 calendar days of its issuance, the city supervisor may, in addition to any other penalty defined in this chapter, revoke the relevant permit or approval.
C. Any disposition of a violation pursuant to this chapter will not absolve a person from correcting or abating a violation and will not prevent the prosecuting authority from pursuing a criminal prosecution, or other civil action including, but not limited to, injunctive relief, license revocation, and abatement, or all of the above. If the city prevails in a separate civil action, the court may award the city reasonable costs including, but not limited to, the costs of the responsible officials’ time, witness fees, attorney fees, court costs, and the costs to the city to abate the violation or enforce any court order.
D. Any or all of the remedies in this section may be utilized by the city to enforce this title. Nothing contained in this title will prevent the city from taking other lawful action as necessary to prevent or remedy any violation committed by any person. (Ord. 1222 § 1, 1997).
15.02.140 Severability.
If any chapter, section, subsection, paragraph, sentence, clause, or phrase of this title is declared unconstitutional or invalid for any reason, the decision will not affect the validity of the remaining portion of this title. (Ord. 1222 § 1, 1997).