Chapter 18.36
GENERAL USE PROVISIONS, CONDITIONS, AND EXCEPTIONS
Sections
18.36.010 Regulations subject to chapter.
18.36.020 Limitations on land use.
18.36.030 Individual lot or building site is unit of application.
18.36.040 If only one building on a lot or building site, it constitutes a main building.
18.36.050 Zone of unlisted uses and clarification of ambiguity.
18.36.060 Repealed.
18.36.070 Repealed.
18.36.080 Repealed.
18.36.090 Temporary construction buildings.
18.36.100 Repealed.
18.36.110 Temporary real estate office.
18.36.120 Repealed.
18.36.130 Temporary use of trailer as residence.
18.36.140 Public utilities – Distribution.
18.36.150 Family day care providers.
18.36.010 Regulations subject to chapter.
The foregoing regulations of this title pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this chapter. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.46.010), 1964.]
18.36.020 Limitations on land use.
Except as provided in this chapter and chapters 18.40, 18.44, 18.48, and 18.52 DMMC, no building shall be erected, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the zone in which such building or land is located. [Ord. 175 § 1(24.46.020), 1964.]
18.36.030 Individual lot or building site is unit of application.
Unless otherwise specifically stated in this title, an individual lot or building site as each is defined in this title, is intended to be the unit to which all of the provisions, requirements, permitted uses, yards, and open spaces apply. [Ord. 175 § 1(24.46.030), 1964.]
18.36.040 If only one building on a lot or building site, it constitutes a main building.
Any building which is the only building on a lot or building site is a main building unless otherwise authorized by variance. No accessory building or use is allowed on a lot or building site unless the primary use to which it is accessory exists on the same lot or building site. [Ord. 175 § 1(24.46.040), 1964.]
18.36.050 Zone of unlisted uses and clarification of ambiguity.
(1) In creating zones, the board has considered the characteristics of uses which make them comparable, compatible, or similar. The board recognizes that it is not possible to enumerate and classify every use to which land may be devoted, either now or in the future, and that ambiguity may exist with reference to the appropriate and consistent zone of a use. Therefore:
(a) When any known and identifiable use is not listed as a permissible use in any zone; or
(b) When any use has now come into existence by reason of any technical development in the trades, sciences, and equipment; or
(c) When any use already listed in the zone which, because of any process, equipment, or materials used, possesses different performance standards than those which are usually associated with the uses in the zone as presently classified and which, therefore, makes it reasonable that such a use should be placed in the more restrictive zone.
(2) It shall be the responsibility and duty of the community development department to ascertain all pertinent facts relating to any such use and make what it deems to be the appropriate recommendation for zoning. Any proceedings under this section shall be processed as an amendment. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.46.050), 1964.]
18.36.060 Potential zones.
Repealed by Ord. 969. [Ord. 175 § 1(24.46.060), 1964.]
18.36.070 Reclassification of potentially zoned areas.
Repealed by Ord. 969. [Ord. 175 § 1(24.46.070), 1964.]
18.36.080 Official signs and notices not restricted.
Repealed by Ord. 637. [Ord. 175 § 1(part), 1964.]
18.36.090 Temporary construction buildings.
Temporary structures for the housing of tools and equipment, or containing supervisory offices in connection with construction projects may be established and maintained during the progress of such construction on such projects, and shall be abated within 30 days after completion of the project, or 30 days after cessation of work. [Ord. 175 § 1(24.46.090), 1964.]
18.36.100 Temporary construction signs.
Repealed by Ord. 584. [Ord. 175 § 1(part), 1964.]
18.36.110 Temporary real estate office.
One temporary real estate sales office may be located on any new subdivision in any zone; provided, the activities of such office shall pertain only to the initial selling of property within the subdivision upon which the office is located. [Ord. 175 § 1(24.46.110), 1964.]
18.36.120 Temporary real estate signs.
Repealed by Ord. 584. [Ord. 175 § 1(part), 1964.]
18.36.130 Temporary use of trailer as residence.
After a building permit has been issued and a residence is in the process of being constructed, a trailer as defined in this title may be located upon a site for the temporary use by the owner of such property as a residence for a period of six months; provided, such trailer remains mobile; and provided further, that a permit is obtained from the building department to insure compliance with this code as to yards and to local health department requirements. In cases where substantial progress is shown on the construction of the residence and additional time is needed to complete the work, a permit may be renewed for one additional six-month period. Upon the expiration of the permit, the use of the trailer as a residence shall be discontinued. [Ord. 175 § 1(24.46.130), 1964.]
18.36.140 Public utilities – Distribution.
(1) The provisions of this title shall not be construed to limit or interfere with the installation, maintenance, and operation of streets, public utility pipelines, electric or telephone transmission and distribution lines, poles, towers, and appurtenances or railroads (but not including switching yards or roundhouses) when located within the rights-of-way, easements, franchises, ownerships, or license rights of such public utilities.
(2) The minimum lot area and frontage provisions of this title shall not apply to public utility sites; the area and frontage need only be such as will accommodate the facilities in compliance with all other requirements in this title. [Ord. 175 § 1(24.46.140), 1964.]
18.36.150 Family day care providers.
A family day care provider home facility is a permitted use in all zones, subject to the following conditions:
(1) The family day care provider is currently licensed by the state of Washington Department of Social and Health Services and adheres to all licensing standards;
(2) The family day care provider is currently licensed under chapter 5.04 DMMC;
(3) Family day care services are provided in a residential dwelling exclusively in the family living quarters;
(4) The structure in which family day care services are provided complies with all building, fire, safety, and health codes;
(5) Signs identifying the residence as a family day care provider are prohibited;
(6) The Washington State Department of Social and Health Services certifies that there are adequate child drop-off and pick-up areas;
(7) Hours of operation are limited to 6:00 a.m. to 9:00 p.m.; and
(8) Prior to state licensing, the family day care provider provides written notification to the immediately adjoining property owners of the provider of the intent to locate and maintain the facility in order to provide the Washington State Department of Social and Health Services an opportunity to provide a forum to resolve any dispute. [Ord. 1106 § 6, 1994.]