Chapter 17.16
ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT

Sections:

17.16.010    Interpretation and enforcement – Determination procedure.

17.16.020    Interpretation and enforcement – City council duties.

17.16.030    Administration and enforcement – Building official powers and duties.

17.16.040    Compliance prerequisite to building permit issuance.

17.16.050    Building permit – Application – Contents.

17.16.060    Certificate of zoning compliance required when.

17.16.070    Certificate of zoning compliance – Records.

17.16.080    Certificate of zoning compliance – Failure to obtain.

17.16.090    Compliance with building permit and certificate of zoning compliance required.

17.16.100    District regulations – Applicability.

17.16.110    District regulations – Compliance required.

17.16.120    Certain constructions and alterations prohibited.

17.16.130    Required open spaces to be included with one building only.

17.16.140    Reduction of yard or lot area prohibited.

17.16.150    District boundaries – Interpretation criteria.

17.16.160    District boundaries – Board of adjustment interpretation authority.

17.16.170    Provisions declared minimum requirements – Most restrictive standards to govern.

17.16.010 Interpretation and enforcement – Determination procedure.

It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by the law and particularly by Chapter 7.16 RCW. (Ord. A-580 § 11, 1964).

17.16.020 Interpretation and enforcement – City council duties.

It is further the intent of this title that the duties of the city council in connection with this title shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and TMC 17.16.010. Under this title the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this title, as provided by law, and of establishing a schedule of fees and charges as stated in Chapter 17.24 TMC. (Ord. A-580 § 11, 1964).

17.16.030 Administration and enforcement – Building official powers and duties.

The building inspector or his duly authorized agent, as administrative official, shall administer and enforce this title. If the administrative official shall find that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title to insure compliance with or to prevent violation of its provisions. (Ord. A-580 § 7(1), 1964).

17.16.040 Compliance prerequisite to building permit issuance.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued in accordance with applicable city ordinances. No building permit shall be issued except in conformity with the provisions of this title, except after written order from the board of adjustment. (Ord. A-580 § 7(2), 1964).

17.16.050 Building permit – Application – Contents.

All applications for building permits shall be in writing on the form to be supplied by the city. The application shall include the legal description of the land, actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the locations and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required, including existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this title. (Ord. A-580 § 7(3), 1964).

17.16.060 Certificate of zoning compliance required when.

A. It is unlawful to use or occupy or permit the use or occupancy of any building or land, or both, or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure after June 20, 1964, until a certificate of zoning compliance shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this title.

B. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this title; provided, that upon enactment or amendment of this title, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. At the end of the three-month period the administrative official shall send a written notice to all persons operating nonconforming uses who have failed to make application for a certificate of zoning compliance. Failure to make such application within three months following the receipt of the written notice shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this title.

C. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this title upon completion of the work.

D. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion; provided, that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. (Ord. A-580 § 7(4), 1964).

17.16.070 Certificate of zoning compliance – Records.

The administrative official shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person. (Ord. A-580 § 7(4), 1964).

17.16.080 Certificate of zoning compliance – Failure to obtain.

Failure to obtain a certificate of zoning compliance shall be a violation of this title and punishable under TMC 17.80.020. (Ord. A-580 § 7(4), 1964).

17.16.090 Compliance with building permit and certificate of zoning compliance required.

Building permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this title, and punishable as provided by TMC 17.80.020. (Ord. A-580 § 7(5), 1964).

17.16.100 District regulations – Applicability.

The regulations set by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as provided in TMC 17.16.110 through 17.16.140. (Ord. A-580 § 5, 1964).

17.16.110 District regulations – Compliance required.

No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations specified in this title for the district in which it is located. (Ord. A-580 § 5(1), 1964).

17.16.120 Certain constructions and alterations prohibited.

No building or other structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces; than required in this title, or in any other manner contrary to the provisions of this title. (Ord. A-580 § 5(2), 1964).

17.16.130 Required open spaces to be included with one building only.

No part of 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 included as part of a yard, open space or off-street parking or loading space similarly required for any other building. (Ord. A-580 § 5(3), 1964).

17.16.140 Reduction of yard or lot area prohibited.

No yard or lot existing on June 20, 1964, shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after June 20, 1964, shall meet at least the minimum requirements established by this title. (Ord. A-580 § 4(4), 1964).

17.16.150 District boundaries – Interpretation criteria.

When uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;

B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

C. Boundaries indicated as approximately following city limits shall be construed as following city limits;

D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

E. Boundaries indicated as parallel to or extensions of features indicated in subsections A through D above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. (Ord. A-580 § 4(1) – (5), 1964).

17.16.160 District boundaries – Board of adjustment interpretation authority.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by TMC 17.16.150, the board of adjustment shall interpret the district boundaries. (Ord. A-580 § 4(6), 1964).

17.16.170 Provisions declared minimum requirements – Most restrictive standards to govern.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern. (Ord. A-580 § 25, 1964).