A. Language Construction: The following rules of construction apply to the text of this title:
1. The words "must", "shall", and "will" are always mandatory and not discretionary. The words "should" and "may" are permissive and are discretionary.
2. Words used in the present tense include the future; and words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary.
3. A "building" or "structure" includes any part of a building or structure.
4. The word "person" includes an individual or any organized group of individuals, a corporation, a partnership, an incorporated association, a limited liability corporation, or any other similar entity.
5. The word "includes" does not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
6. The use of any gender based pronoun should not be construed to be gender biased, but is only used for grammatical simplicity.
B. Zoning Map: This unified development code consists of the text of this title, together with a zoning map, which is on file at the office of the city clerk-treasurer, showing the boundaries of different zoning districts. Interpretations regarding boundaries of zoning districts will be made in accordance with the following:
1. Boundaries shown as following or approximately following any street will be construed as following the centerline of the street.
2. Boundaries shown as following or approximately following any platted lot line or other property line will be construed as following such line.
3. Boundaries shown as following or approximately following section lines, half section lines, or quarter section lines will be construed as following such lines.
4. Boundaries shown as following or approximately following natural features will be construed as following such features.
5. Vacated streets and alleys will assume the zone classification of abutting property with the former centerline as the new boundary.
6. When any uncertainty exists as to zone boundaries, the planning commission and/or city council may require the interested parties to determine the location of boundaries by survey.
C. Right Of Way:
1. Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this title, land contained in rights of way for streets or alleys will be considered unclassified.
2. Within street or alley rights of way, uses will be limited to street purposes as defined by law.
3. Where a right of way is vacated, the vacated area will have the zone classification of the adjoining property with which it is first merged. (Ord. 848, 8-17-2009)
D. Definitions: Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meanings they have in common usage and to give this title its most reasonable application. For purposes of this title, the following words and terms shall have the meanings designated in this section:
ABUT: Located adjacent to.
ACCESS: A way or means of approach to provide physical entry to a property or facility. Alternatively stated as "ingress".
AGGRIEVED PARTY: An individual whose legal rights have been violated or whose financial interests have been directly affected by a city decision.
AMENDMENT: A change in wording, context or substance.
ANNEXATION: Incorporation of a land area into the corporate boundaries, resulting in a change in the boundaries of the city.
APPEAL: A challenge of a city decision by a party of record. Decisions by the city administrator or community development director are appealable to the hearing examiner; decisions by the hearing examiner or planning commission are appealable to the city council; decisions by the city council are appealable to the Pacific County superior court or the growth management hearings board.
BOUNDARY LINE ADJUSTMENT: Legal method of relocating a property line.
CERTIFICATION: Verification of facts.
CONDITIONAL USE: A use permitted in one or more zoning classifications as defined by title 12, "Zoning Regulations", of this code, that because of characteristics peculiar to it, or because of size, technological processes, or types of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, this use requires a special degree of control to make such use consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be counter to the public interest.
CONDITIONAL USE PERMIT: Documented evidence of authority granted by the hearing examiner to establish a conditional use at a particular location.
DEDICATION: Gift or donation of private property by the owner to a public body. A dedication is completed through the conveyance of written deed or title and a formal acceptance by the public body.
DRIVEWAY: A private roadway providing access to a street or highway.
EASEMENT: The grant of one or more specific air, surface, or subsurface property rights by the property owner to and/or for use by the public, a corporation, or another person or entity, and recorded according to law or on the plat of the property.
EGRESS: A way or means of approach to provide physical exit from a property or facility.
EROSION: The gradual transport of materials. For example, the movement of dirt by rain runoff.
EROSION CONTROL: Measures taken to avoid or reduce erosion, such as hay bales, hydroseeding, corrective grading, detention, etc.
EXEMPT: An action or proposal not subject to the requirements of this title.
FINDINGS: Written explanations of why, legally and factually, a public entity makes a particular decision.
FLOOR AREA/GROSS FLOOR AREA: The sum of the gross horizontal area of all enclosed floors of a building, excluding basements, vents, shafts, light courts, elevators and equipment penthouses, and any area having a ceiling height of less than six feet six inches (6'6"), measured from the exterior face of exterior walls or from the centerline of a common wall separating two (2) buildings.
HEARING: A noticed public meeting whereby individuals may present their input regarding a proposal.
HEARING EXAMINER: An official appointed by a government agency to conduct an investigation or administrative hearing so the agency can exercise its statutory powers.
INGRESS: See definition of Access.
LAND DISTURBING ACTIVITY: Any human activity that results in a change in the natural ground cover or topography. Land disturbing activities have the potential to cause or contribute to sedimentation.
LOCAL IMPROVEMENT DISTRICT (LID): A special assessment district established to finance a public improvement benefiting those located within the boundaries of the district.
NOTICE: Published information regarding an impending meeting, proceeding, or hearing giving at least the time, date, place, and purpose of the meeting.
ORDINANCE: Statute enacted by a city government. Typically, statutes command or prohibit something, or declare policy.
PARTY OF RECORD: Those who request to be kept informed regarding a city action or those who provide written original comments (but not form letters or petitions) or who testify at a public hearing on a city action. Being a party of record entitles a person to appeal a city decision.
PLAT: A subdivision map.
PLAT, FINAL: An approved subdivision map filed with Pacific County. Final plat approval is usually given upon completion of improvements or posting of a bond guaranteeing construction of improvements.
PLAT, PRELIMINARY: Draft map showing the proposed layout of a subdivision submitted to the staff and the platting authority for preliminary approval.
PLAT, SHORT: A process to subdivide land into four (4) or fewer parcels or lots, any one of which is less than five (5) acres.
PREAPPLICATION: Activities that occur prior to a formal development permit application being submitted. For example, a preapplication meeting or conference between the applicant and city staff is typical.
RECURRENCE INTERVAL/RECURRENCE LEVEL: The average number of years between the occurrence of two (2) floods with the same level of discharge.
REVIEW, ADMINISTRATIVE: An approval review that may require some discretion on the part of the reviewer, usually the planning staff. The approval may be outright, as conditioned or modified, or denied based upon the applicable laws and regulations and the discretion of the reviewing entity. Administrative reviews may require notification of adjacent property owners and environmental review, but do not require a hearing. Examples of administrative reviews include, and are not limited to, short plats, design review for signs, and administrative shoreline permits.
REVIEW, HEARING EXAMINER: An approval review that involves the exercise of discretion through the hearing process. The approval may be outright, as conditioned or modified, or denied based upon the applicable laws and regulations and the discretion of the reviewing entity. Hearing examiner procedures require public notice. Examples of hearing examiner review include, and are not limited to, conditional use permits, appeals of administrative reviews, and variances.
REVIEW, LEGISLATIVE: An approval process that involves a substantial amount of discretion. The approval may be outright, as conditioned or modified, or denied based upon the discretion of the reviewing entity, and possibly upon the applicable laws and regulations. Where other review processes (ministerial, administrative, hearing examiner) involve a measure of entitlement of property rights or presumed entitlement on the part of the applicant, legislative review may involve the conveyance of such rights and may be entirely discretionary. Legislative review requires public notice. Legislative review begins with review by the planning commission, which establishes a record and a recommendation for the city council. Examples of legislative review include, and are not limited to, rezones, changes to the comprehensive plan, or changes to the city codes.
REVIEW, MINISTERIAL (Minor Administrative Review): A subset of administrative review (see definition of Review, Administrative), an approval review for a proposal that is permitted outright in the codes, and does not require discretion on the part of the reviewer. Minor administrative reviews may not require any notice to surrounding property owners. Examples of minor administrative (ministerial) reviews include, and are not limited to, building permits and nonconforming use determinations. While minor in nature, these permits can require considerable research.
REVIEWING AUTHORITY: The agency, board, group, official or other legally designated entity that has been charged with the review and approval of plans and applications.
RIGHT OF WAY: A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, utility, pedestrianway or similar uses.
SEDIMENTATION: The transport from the site of its origin and redeposition of solid particulate matter, mineral or organic, by water, air, gravity, or ice.
SEWER, SANITARY: A wastewater conveyance system that transports sewage from homes and businesses to a wastewater treatment plant.
SEWER, STORM: A system of inlets, ditches and pipes that collects storm runoff from roads and open areas and carries stormwater to holding areas called detention or retention basins. From these basins, runoff is released downstream at a controlled rate to minimize the potential for flooding.
SHORELINE MASTER PROGRAM: Both a policy and regulatory program for the conservation and development of coastal areas, described by a plan that includes the following elements: economic development; public access; recreation; circulation; land use; conservation; history, culture, science, and education; and flooding.
STATE ENVIRONMENTAL POLICY ACT (SEPA): SEPA requires Washington state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal.
STREET: Any vehicular way that is: 1) an existing state, county or municipal roadway; 2) shown upon a plat approved pursuant to law; 3) approved by other official action; 4) shown on a plat duly filed and recorded in the office of the county assessor; or 5) shown on the official map or adopted plan. It includes the land between and beyond the street lines, whether improved or unimproved. A street affords the primary means of access to abutting property.
STREET, PRIVATE: A street that has not been accepted by or dedicated to the city but is used for the primary means of access to abutting properties within a development. Such streets are typically constructed and maintained by those parties who own, use or benefit from the street.
STREET, PUBLIC: A street that has been accepted by or dedicated to the city.
SUBDIVISION: The division of a single piece of property into smaller, separate pieces or lots.
URBAN GROWTH AREA (UGA): Those areas abutting city limits designated for urban growth, and which may be annexed into the city.
UTILITY: An organization that maintains the infrastructure for a public service. Also, the public service infrastructure itself, such as the electric power and telephone systems.
VACATION (Of A Street): A process whereby the public interest in a street right of way is removed.
VARIANCE: An adjustment in the application of the specific regulations of this title to a particular piece of property which because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and for which adjustment remedies the disparity in privileges.
VESTING: A land use application is considered under only the land use statutes and ordinances in effect at the time the city deems the application complete.
ZONE: An area accurately defined as to the boundaries and location on an official map and within which area only certain types of land uses are permitted, and within which other types of land uses are excluded, as set forth in title 12, "Zoning Regulations", of this code. (Ord. 848, 8-17-2009; amd. Ord. 890, 4-13-2013; Ord. 919, 8-3-2015)