Chapter 15.01
GENERAL PROVISIONS
Sections:
15.01.050 Minimum requirements.
15.01.060 Interpretation – Language construction.
15.01.070 Computation of time.
15.01.080 Zoning map interpretation.
15.01.090 Right-of-way interpretation.
15.01.100 Withdrawal of applications.
15.01.120 Permit suspension, revocation, or modification.
15.01.140 Violations and penalties.
15.01.010 Title.
This document will be known and may be cited as the Wilkeson Unified Development Ordinance, and is referred to in this document as “WMC Titles 15 through 19.” [UDC Ord. dated 7/21/1998].
15.01.020 Authority.
WMC Titles 15 through 19 are adopted pursuant to the authority contained in Chapter 35A.58 RCW (Boundaries and Plats), Chapter 36.70A RCW (Growth Management Act), Chapter 36.70B RCW, Chapter 86.16 RCW (Flood Prevention), RCW Title 58 (Boundaries and Plats), and any other appropriate State regulations. [UDC Ord. dated 7/21/1998].
15.01.030 Applicability.
A. The provisions of WMC Titles 15 through 19 apply to all development in the Town, and no development may occur before obtaining a permit or approval pursuant to WMC Titles 15 through 19, except as provided in subsection (B) of this section.
B. The ordinance codified in 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 WMC Titles 15 through 19 authorizes development that is inconsistent with and does not further the framework and policy direction provided for in the Town’s adopted Comprehensive Plan pursuant to Chapter 36.70A RCW. [UDC Ord. dated 7/21/1998].
15.01.040 Purpose and intent.
The purposes of WMC Titles 15 through 19 are:
A. To establish regulatory procedures and standards for review and decision-making of all proposed development in the Town;
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 Town, 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 Town;
G. To regulate the subdivision of land to ensure that:
1. Adequate utility and public facilities are provided in developing portions of the Town;
2. Land development is coordinated; and
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 WMC Titles 15 through 19. [UDC Ord. dated 7/21/1998].
15.01.050 Minimum requirements.
The requirements in WMC Titles 15 through 19 are the minimum requirements necessary to accomplish the purposes of WMC Titles 15 through 19. [UDC Ord. dated 7/21/1998].
15.01.060 Interpretation – Language construction.
The following rules of construction apply to the text of this document:
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; and
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. [UDC Ord. dated 7/21/1998].
15.01.070 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. [UDC Ord. dated 7/21/1998].
15.01.080 Zoning map interpretation.
This Unified Development Ordinance consists of the text of WMC Titles 15 through 19, together with a zoning map, which is on file at the office of the Town Clerk/Treasurer. The zoning map shows the boundaries of different use districts within the Town and its urban growth area. Boundaries of land use districts should be interpreted as follows:
A. Boundaries shown as following or approximately following any street will be interpreted as following the centerline of the street.
B. Boundaries shown as following or approximately following any platted lot line or other property line will be interpreted as following such line.
C. Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines will be interpreted as following such lines.
D. Boundaries shown as following or approximately following natural features will be interpreted as following such features.
E. Vacated streets and alleys will assume the zone classification of abutting property. The former centerline of the vacated street or alley will be the new boundary.
F. When any uncertainty exists as to zone boundaries, the Planning Commission and/or Town Council may require an applicant to determine the location of boundaries by survey. [UDC Ord. dated 7/21/1998].
15.01.090 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 (1) of the zones provided in WMC Titles 15 through 19.
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. [UDC Ord. dated 7/21/1998].
15.01.100 Withdrawal of applications.
An application may be withdrawn by an applicant at any time. [UDC Ord. dated 7/21/1998].
15.01.110 Violations defined.
Structures or uses which do not conform to WMC Titles 15 through 19 are violations subject to the enforcement, penalty, and abatement provisions of WMC Titles 15 through 19, except approved variances and legal nonconforming uses as specified in WMC Titles 15 through 19. 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 WMC Titles 15 through 19, including but not limited to landscaping, parking, or drainage control facilities. [UDC Ord. dated 7/21/1998].
15.01.120 Permit suspension, revocation, or modification.
Any permit or approval issued by the Town pursuant to WMC Titles 15 through 19 may be suspended, revoked, or modified by the Town Council on one (1) 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 Town representative in the performance of his or her duties, relevant to the permit or approval or implementation and review of the permit. [UDC Ord. dated 7/21/1998].
15.01.130 Security agreement.
A. When a completion security or maintenance security is required to be posted, the applicant and the Mayor must sign a notarized security agreement, approved in form by the Town Attorney. This security agreement must be recorded with the Pierce 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 Town;
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 Town 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;
8. The mechanism by and circumstances under which the security will be forfeited.
B. When any recorded security mechanism is released by the Town to the applicant, a copy of the letter of release must be filed with the Pierce County Auditor. [UDC Ord. dated 7/21/1998].
15.01.140 Violations and penalties.
A. Any firm, business, property owner, corporation, entity, or person who violates the standards in WMC Titles 15 through 19, or the more stringent standards imposed by the Town in carrying out the provisions of WMC Titles 15 through 19, is guilty of a civil infraction. Each day of noncompliance with WMC Titles 15 through 19 is a separate offense. The offense will be punished by a fine not to exceed five hundred dollars ($500.00) per day.
B. The Town has the right to abate any violations of WMC Titles 15 through 19 by seeking injunctive relief in the Pierce County Superior Court. Any firm, business, property owner, corporation, entity, or person who violates the standards in WMC Titles 15 through 19, or the more stringent standards imposed by the Town in carrying out the provisions of WMC Titles 15 through 19, is responsible for paying the Town’s court costs and reasonable attorney’s fees in any abatement action. [UDC Ord. dated 7/21/1998].
15.01.150 Severability.
If any chapter, section, subsection, paragraph, sentence, clause, or phrase of WMC Titles 15 through 19 is declared unconstitutional or invalid for any reason, the decision will not affect the validity of the remaining portion of WMC Titles 15 through 19. [UDC Ord. dated 7/21/1998].