Chapter 17.12
PERMITS
Sections:
17.12.030 Compliance with development permit and certificate of zoning review required.
17.12.040 Official index of approvals to be maintained as public record.
17.12.060 Expiration and cancellation of development permits and certificates of zoning review.
17.12.070 Certificates of occupancy required at discretion of reviewing official.
17.12.080 Performance assurance.
17.12.010 Purpose.
The purpose of this chapter is to specify the general requirements under this title and to specify certain administrative provisions concerning permits issued under this title. (Ord. 956(part), 1993)
17.12.020 Required permits.
A. Development Permit. Except as provided in subsection (C) of this section, no use, development or modification to use or development, as those terms are defined by this title, may be established, placed, performed, constructed, made or implemented, in whole or in part, without the issuance of a development permit by the building official. When a building permit is required, the building permit shall serve as the development permit.
B. Certificate of Zoning Review. No development permit shall be issued without the prior issuance by the fire department of a certificate of zoning review for the proposed development or modification to development indicating that the proposal has been through the review procedures of this title and conforms to its requirements; provided, that proposals for new Class (1) uses and modifications to approved Class (1) uses which are reviewable under Class (1) review only (Chapter 17.13) do not require a separate certificate of zoning review and may be approved directly by the building official. The certificate of zoning review issued by the planning commission shall include by reference, or otherwise, any terms and conditions of approval for the project together with any approved final site plan.
C. Exemptions. The following development and modifications to development are exempt from the review and permit provisions of this title; provided, they do not involve a required site improvement:
1. Normal structural repair and maintenance;
2. Changes to conforming structures which do not involve structural alterations as that term is defined by this title;
3. Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units nor physically expand the structure;
4. Accessory structures otherwise meeting the specific development standards and requirements of this title and which do not require a building permit under the provisions of the International Building Code as adopted by the city;
5. Communication towers less than thirty-five feet in height and which meet the standards of Chapter 17.85;
6. Exempt signs;
7. Yard sales meeting the requirements in Section 17.04.060;
8. Alteration to land, including grading and leveling, paving, stockpiling and excavation, the fair market value of which does not exceed five hundred dollars;
9. Site screening and landscaping;
10. All grading, construction of private or public roads, landscaping, construction of sewer, waste water facilities, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improvements.
D. Development Permit--Issuance in Conjunction with Another Permit. If the building official is designated and/or authorized to review and issue a permit under the provisions of any other city code or ordinance applicable to the development, he may require issuance of the development permit under this title to be issued only in conjunction with said other permit. (Ord. 956(part), 1993)
17.12.030 Compliance with development permit and certificate of zoning review required.
A. Development Permit Compliance Required. Development permits issued on the basis of plans and applications and conditions of approval imposed by the building official and/or on the basis of a certificate of zoning review authorize only the use, arrangement, and construction set forth in the approved plans, application, and certificate of zoning review together with any associated conditions of approval and the final site plan. Any use, arrangement, or construction at variance with that authorized is a violation of this title and is punishable as provided in Chapter 17.25.
B. Site Plan Compliance Required. Whenever any detailed or general site plan is required by operation of this title and is part of any approval of development or modification of development, the final site plan shall be binding on all existing or subsequent owners and occupiers of the property. The owner and/or occupier of any property, development, or structure which is the subject of a final or detailed or general site plan shall be required to maintain the property and development in full compliance with the terms and conditions of the approved and final site plan and any associated terms and conditions of approval for the development. Failure to do so shall constitute a violation of this title and is punishable as approved in Chapter 17.25.
C. Site Inspection by the Building Official Authorized. The building official is authorized to perform interim and final inspections of all development and modifications to development to assure that it has been established and/or constructed in conformance with the final site plan and associated terms and conditions of approval. The building official may coordinate such inspections with the inspections required by other applicable codes or ordinances. When the development, as built, conforms to the final site plan, the building official shall so certify on the face of the site plan on file with the city. (Ord. 956(part), 1993)
17.12.040 Official index of approvals to be maintained as public record.
A. For Class (2) and (3) Approvals. The fire department shall maintain an official index of all approved and currently applicable certificates of zoning review, and development permits requiring review and approval by the planning commission and/or city council. The official index shall include the application, a copy of the certificate of zoning review and development permit, together with their associated site plans and the terms and conditions of approval. Such index shall constitute an official record and shall be open for public inspection and copying in accordance with the other provisions of the law. Such index shall be kept by parcel number so the current applicable provisions of any specific approval issued under this title for such property are available for public inspection and review. Such index may consist of original or certified duplicates of original documents. The planning commission and building official shall immediately upon issuance of a certificate of zoning review and development permit place the original or certified duplicate in the official index noting the date and time of filing of document in the index. The official index required by this section shall constitute authority as to the current applicable limitations and requirements pertaining to specific approvals issued under this title and shall constitute constructive notice to third parties of the existence and terms of said approval. The fire department, through its department head, shall be the official custodian of said index and is authorized to issue certified copies. Any unauthorized change of any kind by any person to the documents or records in the official index required by this section constitutes a violation of this title and shall be punishable as provided under Chapter 17.25.
B. For Class (1) Approvals. The building official shall maintain an official public record of development permits issued under Class (1) review in the same manner and with the same effects as set out in subsection (A) of this section. (Ord. 956(part), 1993)
17.12.050 Final site plans.
A. Final Site Plan Required. Prior to issuance of a certificate of zoning review, the applicant shall provide to the fire department a final site plan. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the reviewing official.
B. Final Site Plans--Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, tracing cloth or equivalent material as required by the fire department. Unless the fire department requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of Section 17.11.040 or 17.11.050 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site plan.
C. Filing of Notice of Detailed Site Plan. In every case where a certificate of zoning review or development permit is issued with an associated approved final detailed site plan, the fire department shall file with the Yakima County auditor a notice of final approval of a binding site plan which shall contain a legal description of the property affected, the file number of the application requiring the detailed site plan, and a statement that a binding site plan exists affecting the property described, compliance with which is required for all present or future owners of the property, together with a statement that the binding site plan together with the exact terms and conditions of approval are available for inspection at the city, giving the location and hours of inspection of the index required by Section 17.12.040. (Ord. 956(part), 1993)
17.12.060 Expiration and cancellation of development permits and certificates of zoning review.
A. Certificate of Zoning Review--Expiration. A certificate of zoning review shall automatically expire and terminate when:
1. A new or modified certificate of zoning review has been issued for the same parcel or parcels; or
2. A development permit based on the certificate of zoning review has not been issued within one year from the date of issuance of the certificate; or
3. The development permit issued on said certificate expires, terminates, or is canceled under the provisions of this title.
The fire department shall take steps to cancel any expired certificate of zoning review and note such expiration or cancellation in the official index of approvals. The fire department shall mail written notice of cancellation to the last known address of the applicant and to the owner of record as shown in the Yakima County assessor’s parcel index. Failure to provide such notice shall not affect the termination or expiration of the certificate.
B. Development Permit and Building Permit Expiration. A development shall automatically expire and be terminated when:
1. A new or modified development permit is issued for the parcel or parcels affected; or
2. The work or action authorized in the development permit has not begun within one hundred eighty days from the date of issuance thereof, unless a longer time is specified in the approval itself; or
3. The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself.
Provided, that prior to termination and expiration of a development permit under subsections (B)(2) and (3) of this section, the building official shall give written notice to the applicant at his last known address and to the owner of record as shown on the Yakima County assessor’s parcel index file that the development permit is about to expire. Such notice shall be made by mail at least forty-five days prior to the scheduled date of cancellation and shall describe the action necessary to avoid termination or expiration. Should the development permit expire, the building official shall take administrative action to reflect cancellation of the permit in the official records of the building official and the fire department and shall send written notice by mail of the fact of expiration to the permit applicant and the owner of record as shown in the Yakima County assessor’s parcel index together with a notice that further work or action shall not proceed.
C. Extension of Any Approved Development Permit and/or Certificate of Zoning Review. A valid certificate of zoning review and/or a valid development permit may be extended one time only for up to one additional year by action of the administrative official. Requests for extensions shall be in writing to the planning commission and shall be accompanied by the previously approved final general or detailed site plan showing the location and size of any development or work already completed on the project.
The administrative official shall review the application without public notice of hearing and issue his decision within ten days from the receipt of the completed application. The planning commission may (1) approve the extension, (2) approve the extension with conditions to assure the work will be timely completed, or (3) disapprove the extension. An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The planning commission shall mail its decision to the applicant and shall specify its decision as final unless appealed under the provisions of Chapter 17.16. (Ord. 956(part), 1993)
17.12.070 Certificates of occupancy required at discretion of reviewing official.
A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion, all in furtherance of the goals and policies of this title, the Wapato urban area comprehensive plan, and the public welfare and interest.
B. Certificate of Occupancy May Be Required. As a condition of approval for the issuance of any development permit or certificate of zoning review or any other permit or approval under this title, the reviewing official, including the building official and planning commission when engaged in administrative modification review under Chapter 17.17, may require or specify that the approved use or occupancy of the structure or land may not occur without the issuance of a certificate of occupancy issued by the building official certifying that all requested site improvements have been fully and properly constructed and that all the terms and conditions of approval have been met. Where such condition is imposed by the reviewing official any use or occupancy of the property or structures, in whole or in part, without the issuance of a certificate of occupancy is a violation of this title and is punishable under the provisions of Chapter 17.25.
C. Procedures. The building official may perform interim and final inspection of the development at his own initiative but shall do so within five days of any request made by the permit holder. The building official is authorized to conduct interim and final inspections of the development and may coordinate such inspections with the inspections required by other applicable codes and regulations.
D. Occupancy Prior to Completion. The building official may authorize occupancy of development prior to the issuance of a required certificate of occupancy when, upon request, he finds that all the following conditions are met:
1. The applicant is unable to complete all required improvements because of unavoidable circumstances that in no way resulted from the action or inaction of the applicant or permit holder;
2. It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time;
3. Delaying completion of the improvements until after occupancy will not be materially detrimental to property in the vicinity of the proposed development, the health, safety, and welfare of the general public, or the goals and policies of this title and the Wapato urban area comprehensive plan;
4. Security for the completion of required improvements and terms and conditions of approval has been made in accordance with Section 17.12.080 for any public improvements associated with the development;
5. The development complies with minimum life and safety codes and the building official has declared the development safe for use. (Ord. 956(part), 1993)
17.12.080 Performance assurance.
A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval pertaining to construction or changes to public improvements imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion.
B. Performance Assurance Required as a Condition of Approval. As a condition of approval of the issuance of any development permit or certificate of zoning review, or any other permit or approval issued under this title, the reviewing official may require security for the performance and completion of any proposed or required public improvements or any other term or condition of approval pertaining to a public improvement. When such security is required, it shall be made in accordance with this section and must be made and approved prior to the issuance of the development permit.
C. Forms and Security. The applicant may provide security in the form of one or more of the following:
1. A cash security deposit with the city; or
2. A bond; or
3. A deed of trust mortgage on the subject or other property.
Provided, however, that the quality, sufficiency, amount and exact form of the security are subject to the approval and the satisfaction of the planning commission. Whenever any security is provided by an applicant it shall state directly or by reference all the following provisions:
a. The improvements or performance secured;
b. A date or dates of required compliance;
c. The amount of the security;
d. That the security is in favor of the city of Wapato;
e. That the applicant shall maintain the security in force until completion of the public improvement or condition for which security was provided.
D. Security Deposits. The following provisions apply to security in the form of a security deposit. When a security deposit is made under the provisions of this section a written agreement shall be made and signed by the planning commission on behalf of the city. Security deposits shall be made directly to the planning commission and such funds shall be kept in an identifiable trust account. The applicant may designate the location and the type of account and any interest earned thereon shall accrue and remain in such account. The cost of the account shall be provided for by the applicant or may be deducted from the security deposit.
If the improvements or performances secured by the deposit are not timely completed, the planning commission shall notify the applicant in writing stating: (1) the nature of the noncompliance and the action necessary to correct the same; and (2) the amount of time in which the applicant has to take corrective action; and (3) that, if corrective action is not completed within the time specified, the city will apply the funds in the security deposit in order to effect compliance.
If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the planning commission, the city shall through its representatives take whatever action the city deems necessary and/or convenient to perform or complete the items covered by the security deposit and shall apply funds held therein to the cost of such completion or performance. Any excess or surplus funds shall be refunded to the applicant.
E. Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the planning commission.
F. Deeds of Trust. Security provided in the form of deeds of trust shall comply with the following provisions. Deeds of trust shall be recorded, the cost of which will be borne by the applicant. If the improvements or performance secured by the deed of trust are not completed, the planning commission shall notify the applicant in writing stating: (1) the nature of the noncompliance and the action necessary to correct the same; and (2) the amount of time in which the applicant has to take corrective action; and (3) that if corrective action is not completed within the time specified, the city will take corrective action itself and/or foreclose the deed of trust.
On failure of the applicant or permit holder to complete corrective action within the time specified, the city may, at its option, through its designated representatives either: (1) take action necessary or convenient to perform or complete the events secured by deed of trust and thereafter institute foreclosure of the deed of trust in any manner allowed by law; or (2) institute foreclosure action on the face amount of the deed of trust in any manner allowed by law.
G. Partial Releases. An applicant may release a partial request of any security provided under this section based on partial completion or compliance with the events secured. If the planning commission determines that partial release is warranted, it may cause a partial release of security in an amount deemed by it to be appropriate.
H. Applicant and Permit Holder Responsible for Deficiencies. The applicant and/or permit holder is responsible for all costs incurred by the city in causing completion of the events secured by any security provided for under this section. If after fully applying the security a deficiency remains, the applicant and/or permit holder shall be jointly and severally liable for such deficiency and for reasonable attorney’s fees necessary to collect the same.
I. Administration. The planning commission is authorized to sign documents and otherwise administer securities under the provisions of this section. (Ord. 1205 §1(part), 2009: Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)