Chapter 17.02
GENERAL PROVISIONS
Sections:
17.02.050 Rules of interpretation.
17.02.010 Introduction.
The Zillah Municipal Code has been revised in order to integrate the most frequently used land use planning code provisions into a single streamlined and user friendly chapter utilizing a common set of definitions and procedures. Subsequent revisions will be made as the city’s development standards are updated in accordance with the provisions of the city’s comprehensive plan. (Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)
17.02.020 Purpose and intent.
The general purposes of this title are to:
A. Further the goals and objectives of the city comprehensive plan;
B. Protect the public health, safety and general welfare;
C. Provide an efficient and effective means of processing land use applications;
D. Regulate the subdivision of land and promote compatible uses;
E. Promote safe and convenient travel by the public on streets and highways;
F. Facilitate adequate provision for water, sewage, drainage, parks and recreation areas, sites for schools and school grounds, and other public requirements;
G. Ensure that the general taxpaying public is not burdened with development costs which are more appropriately borne by the original developer; and
H. Regulate the development of lands containing critical areas and minimize the adverse environmental impacts of development. (Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)
17.02.030 Administration.
The mayor shall designate a planning official(s) who shall be responsible for the administration of this title and related city planning provisions.
The authority, responsibilities, and duties of the planning official(s) and his/her designee shall include, but are not limited to:
A. Establishing and maintaining such application forms and procedures as may be necessary to implement this title;
B. Interpreting city requirements and determining the applicability of this title to proposed projects and development activities;
C. Establishing and maintaining a fee schedule for all land use and building permit activities in accordance with the approved city budget and any fee ordinances that may be approved by the city council;
D. Establishing and maintaining standards for the design and construction of any public works or improvements that may be required as a condition of approval for any land use or building permit activity;
E. Serving as the SEPA responsible official;
F. The review and approval of land use and building permit applications;
G. Inspecting and examining structures or tracts of land, and to order in writing, remedies for any condition found to be in violation of the Zillah Municipal Code and city ordinances;
H. The enforcement of city codes and ordinances, the approval of compliance plans, the imposition and collection of fines for violations, issuance of stop work orders, and/or the imposition of penalties; and
I. Coordinating the activities of city staff and consultants involved in land use planning activities. (Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)
17.02.040 Interpretation.
Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants to which the city is a party, the most restrictive or those imposing the higher standards shall govern.
Any person may request a formal interpretation of the provisions of this title or those municipal codes referenced in this title upon paying applicable fee. The request shall be in writing, shall reference specific titles, chapters, or code sections which pertain to the desired interpretation. (Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009)
17.02.050 Rules of interpretation.
For the purposes of the development code, all words used in the code shall have their normal and customary meaning, unless specifically defined otherwise in this code.
A. Words used in the present tense include the future.
B. The plural includes the singular and vice versa.
C. The words “will” and “shall” are mandatory.
D. The words “may” and “should” indicate that discretion is allowed.
E. The word “used” includes designed, intended or arranged to be used.
F. The masculine gender includes the feminine and vice versa.
G. Distances shall be measured horizontally unless otherwise specified.
H. The word “building” includes a portion of a building or a portion of the lot on which it stands. (Ord. 1289 § 1 (Exh. A), 2011)
17.02.060 Liability.
The granting or approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city or any official or employee thereof on the practicality or safety of any structure or use proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result therefrom. (Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009. Formerly 17.02.050)
17.02.070 Severability.
If any provision of this title or its application to any person or legal entity is held to be invalid, the remainder of this title, or the application of this title or the application of the provision to other persons or entities or circumstances shall not be affected. (Ord. 1289 § 1 (Exh. A), 2011; Ord. 1202 § 2 (Exh. A), 2009. Formerly 17.02.060)