Part 1

 

GENERAL

 

 

 

 

 

Chapters:

 

          15.02 General Provisions

          15.04 Definitions

          15.06 Administrative Authority

          15.08 Administration of Development Regulations

 


Chapter 15.02

 

GENERAL PROVISIONS

 

 

 

Sections:

 

15.02.010   Title

15.02.020   Authority

15.02.030   Applicability

15.02.040   Purpose and Intent

15.02.050   Minimum Requirements

15.02.060   Interpretation - Language Construction

15.02.070   Computation of Time

15.02.080   Zoning Map Interpretation

15.02.090   Right-of-way interpretation

15.02.100   Withdrawal of Applications

15.02.110   Violations Defined

15.02.120   Permit - Suspension, Revocation or Modification

15.02.130   Security Agreements

15.02.140   Violations and Penalties

15.02.150   Severability

 

 

15.02.010        Title:

This document will be known and may be cited as the South Prairie Unified Development Ordinance, and is referred to in this document as “this ordinance.”

 

15.02.020        Authority:

This ordinance is adopted pursuant to the authority contained in Chapter 35.27 RCW, Chapter 36.70A RCW (Growth Management Act), Chapter 36.70B RCW, Chapter 86.16 RCW (Flood Prevention), Title 58 RCW (Boundaries and Plats), and any other appropriate state regulations.

 

15.02.030        Applicability:

A.        The provisions of this ordinance apply to all development in the Town, and no development may occur before obtaining a permit or approval pursuant to this ordinance, except as provided in Subsection B below.

B.         This ordinance does not affect the validity of any effective development permit that was issued before the effective date of this ordinance.

C.        Nothing in this ordinance 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.

 

15.02.040        Purpose and Intent:

The purposes of this ordinance 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 infrastructures 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 this ordinance.

 

15.02.050        Minimum Requirements:

The requirements in this ordinance are the minimum requirements necessary to accomplish the purposes of this ordinance.

 

15.02.060        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.

 

15.02.070        Computation of Time:

Excluding the first and including the last day compute the time within which an act is to be done. The last day would not include a Saturday, Sunday, or legal holiday.

 

15.02.080        Zoning Map Interpretation:

This Unified Development Code consists of the text of this ordinance, 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.

 

15.02.090        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 of the zones provided in this ordinance.

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.

 

15.02.100        Withdrawal of Applications:

An applicant may withdraw an application at any time.

 

15.02.110        Violations Defined:

Structures or uses that do not conform to this ordinance are violations subject to the enforcement, penalty, and abatement provisions of this ordinance, except approved variances and legal non-conforming uses as specified in this ordinance. 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 ordinance, including but not limited to landscaping, parking, or drainage control facilities.

 

15.02.120        Permit - Suspension, Revocation, or Modification:

Any permit or approval issued by the Town pursuant to this ordinance may be suspended, revoked, or modified by the Town Council 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 Town representative in the performance of his or her duties, relevant to the permit or approval or implementation and review of the permit.

 

15.02.130        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.  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.         Any recorded security mechanism released by the Town to the applicant must be filed with the Pierce County Auditor.


 

15.02.140        Violations and Penalties:

A.        Any firm, business, property owner, corporation, entity, or person who violates the standards in this ordinance, or the more stringent standards imposed by the Town in carrying out the provisions of this ordinance, is guilty of a civil infraction. Each day of non-compliance with this ordinance is a separate offense. A fine not to exceed five hundred dollars ($500) per day will be imposed for violations.

B.         The Town has the right to abate any violations of this ordinance by seeking injunctive relief in the Pierce County Superior Court. Any firm, business, property owner, corporation, entity, or person who violates the standards in this ordinance, or the more stringent standards imposed by the Town in carrying out the provisions of this ordinance, is responsible for paying the Town’s court costs and reasonable attorney’s fees in any abatement action.

 

15.02.150        Severability:

If any chapter, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, the decision will not affect the validity of the remaining portion of this ordinance.