Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.005 Authority and title.
10.04.040 Relationship to other regulations.
10.04.050 Administration and enforcement.
10.04.060 Denial or revoked approvals and permits.
10.04.070 Procedural irregularities.
10.04.005 Authority and title.
(1) This title is adopted pursuant to Chapters 35.63 and 36.70A RCW (Growth Management Act or GMA) that empower a city to enact a zoning code and provide for its administration, enforcement and amendment.
(2) This title shall be known and may be cited as “the Wenatchee zoning code.” It shall consist of the text hereof and an official zoning map. Said title and each and all of its terms are to be read and interpreted in light of the commitments of said zoning map. In the event a conflict should arise between the text and zoning map, the text of the title shall prevail. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))
10.04.020 Purpose.
The general purposes of this title are to promote the public health, safety, and general welfare; to assist in the implementation of the Wenatchee urban area comprehensive plan; to comply with the Growth Management Act; and to comply with the provisions and objectives of Chapter 44, Laws of Washington, 1935, as amended, and Chapter 17, Laws of 1990, First Extraordinary Session, as amended. In accordance with Chapter 35A.63 RCW, all territory within the corporate limits of the city of Wenatchee shall be classified according to the districts set out in WCC 10.06.015. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))
10.04.030 Compliance.
The provisions of this title shall be interpreted as the minimum requirements necessary to protect the health, safety and general welfare of the public. The regulations established by this title within each district shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(1) All uses and structures shall conform to the special requirements of the zoning district within which they are located and the other general requirements of this title.
(2) No structure or part thereof shall hereafter be erected, reconstructed, moved, or structurally altered except in conformity with all regulations herein specified for the district in which it is located.
(3) No building or other structure shall hereafter be erected or altered to exceed the height or bulk limits as required by this title; to accommodate or house a greater number of families as required by this title; to occupy a greater percentage of lot area as required by this title; to have narrower or smaller rear, front, side yards, or other open spaces than herein required; or in any other manner be contrary to the provisions of this title.
(4) No part of a yard, or other open space, or off-street parking, or loading space required about or in connection with any building for the purpose of complying with this title shall be considered as providing a yard, open space, off-street parking, or loading space similarly required for any other building except as otherwise allowed by this title.
(5) No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))
10.04.040 Relationship to other regulations.
In addition to Wenatchee City Code requirements, there are other official controls, ordinances, regulations and plans that have a direct impact on the development of land in the city. The number and type of such ordinances may vary from time to time. Where provisions of Wenatchee City Code or other official controls and regulations overlap or conflict with provisions of this title, the more restrictive provisions shall govern. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))
10.04.050 Administration and enforcement.
(1) Administration of this title shall be the responsibility of the director of the department of community development, or his/her designee, and shall be conducted as described herein and in WCC Title 13, Administration of Development Regulations.
(2) Enforcement of the provisions herein, and any violations thereof, shall be as described in this title; WCC Title 13, Administration of Development Regulations; and/or WCC Title 16, Code Enforcement. (Ord. 2014-02 § 2; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))
10.04.060 Denial or revoked approvals and permits.
If an application is denied or revoked, no application for that site shall be accepted for one year from the date of final action and appeal, if any, unless the application is substantially different. After one year, a similar application may be made and shall be processed as a new application. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))
10.04.070 Procedural irregularities.
No procedural irregularity or informality in the notice, process, review or hearing of any matter under this title shall affect the final decision unless substantial rights of a person with a demonstrable interest in the decision are affected. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))
10.04.080 Severability.
Shall 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. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))