Chapter 11.10
GENERAL PROVISIONS
Sections:
11.10.050 Authority of city administrator and planning commission.
11.10.070 Intent—Stricter regulation to govern.
11.10.090 Rules of construction—General.
11.10.100 Rules of construction—Specific.
11.10.110 Interpretation of development code.
11.10.120 Appeal of administrative interpretation.
11.10.130 Implementation of comprehensive plan.
11.10.010 Adoption authority.
The city of Connell (hereafter referred to as “the city”) has adopted and from time to time amends the Connell Municipal Code (“CMC”) Titles 11 through 18 pursuant to RCW 35A.11.020 and 35A.63.100, and further in compliance with Chapter 36.70A RCW (the Growth Management Act) and WAC 365-196-600 through 365-196-660 and 365-196-800 through 365-196-870, to regulate construction of structures and the use and division of land. The provisions of this title shall apply to the following:
(1) Title 12, Streets and Sidewalks;
(2) Title 13, Water and Sewage;
(3) Title 14, Buildings and Construction;
(4) Title 15, Environmental Regulations;
(5) Title 16, Subdivisions;
(6) Title 16A, Development Administrative Regulations;
(7) Title 17, Zoning; and
(8) Title 18, Manufactured Housing Placement. (Ord. 917 § 1 (part), 2012).
11.10.020 Purpose.
The purpose of this title and the titles set forth in Section 11.10.010 is to provide and promote the health, safety and welfare of the general public. This title and the titles set forth in Section 11.10.010 are not intended to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by its terms. (Ord. 917 § 1 (part), 2012).
11.10.030 Liability.
This title and the titles set forth in Section 11.10.010 shall not be construed to relieve or lessen the responsibility of a person owning, building, altering, constructing, or moving a building or structure, or developing a parcel or parcels of property, nor shall the city or an agent thereof be held as assuming such liability by reason of inspection authorized in this title or a certificate of inspection issued by the city or any of its agencies. (Ord. 917 § 1 (part), 2012).
11.10.040 Application.
All development and use of land within the corporate limits of the city shall conform to all of the requirements of this title and the titles set forth in Section 11.10.010, unless specifically exempted herein or excluded by the operation of law. Land use approval is required for the following types of projects:
(1) Any change of occupancy of a building from one Uniform Building Code group or division of a group to another or a change of use of land. A “change of use” means alteration of the purpose for which land or a structure is designated, arranged, or intended from an existing use, or an actual use in the last twelve months, to a different use for the location in question;
(2) Any new nonresidential and nonagricultural use of land;
(3) The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four dwelling units would be contained; and
(4) Any addition to such structure or remodel or substantial revision of the site plan associated with such use. (Ord. 917 § 1 (part), 2012).
11.10.045 Violations.
All violations of this title and the titles identified in Section 11.10.010 are hereby determined to be detrimental to the public health, safety and general welfare and are hereby declared public nuisances pursuant to Section 7.06.020. Further, any person who willfully or knowingly causes, aids, or abets a violation of this title or the titles identified in Section 11.10.010, by any act of commission or omission, is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed one thousand dollars and/or incarceration for a term not to exceed ninety days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. (Ord. 917 § 1 (part), 2012).
11.10.050 Authority of city administrator and planning commission.
(a) The city administrator and the city administrator’s agents are charged with the administration and enforcement of this title.
(b) The planning commission is the “planning agency” as defined in Chapter 35A.63 RCW except for those functions specifically reserved to the city council. The planning commission performs all duties specified in this title and conducts all public hearings concerning changes of zone and the comprehensive plan and amendments to this title and such other duties as are reserved to the planning agency in Chapter 35A.63 RCW except those specifically reserved to the hearing examiner. (Ord. 917 § 1 (part), 2012: Ord. 819 § 7, 2007: Ord. 689 § 1 (part), 1997. Formerly 17.84.010).
11.10.060 Use of permits.
Any permit, limited change-of-zone, conditional use permit or any other permit, license or approval issued under this title or the titles set forth in Section 11.10.010 is subject to the terms, conditions and limitations contained therein and any law, ordinance or regulation which touches and concerns it. Such licenses and permits may be altered or amended from time to time as may be necessary to protect the public health, convenience and safety. Likewise, any permit, license or other approval issued under this title or the titles identified in Section 11.10.010 may be suspended or revoked for failure of the property owner or occupant to comply with conditions thereof, and if it appears reasonably necessary to ensure compliance with the terms and conditions of any permit or license or to insure against financial loss to any person who may be adversely affected thereby, a surety or cash bond in an amount determined by the administrator, commission or council may be required. (Ord. 917 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.84.020).
11.10.070 Intent—Stricter regulation to govern.
This title or the titles identified in Section 11.10.010 will not interfere with easements, covenants, deed restrictions or other agreements except insofar as it may impose greater restrictions than are imposed by such easements, covenants, etc. The administrator may, however, if deemed in the public interest, enforce any easement, deed restriction or other agreement touching or concerning real property which he finds to be consistent with and in the furtherance of the city’s planning goals. (Ord. 917 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.84.080).
11.10.080 Severability.
If any section, subsection, sentence, clause, phrase or any portion of this title or the titles identified in Section 11.10.010 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. (Ord. 917 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.84.100).
11.10.090 Rules of construction—General.
All provisions, terms, phrases, and expressions shall be construed to implement the intent and meaning of the city council. (Ord. 917 § 1 (part), 2012).
11.10.100 Rules of construction—Specific.
(a) Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day. Although, if the defined period of time would expire on a Saturday, Sunday, or legal holiday, then the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below:
(1) “Day” means a calendar day, unless working day is specified.
(2) “Week” means seven calendar days.
(3) “Month” means a calendar month.
(4) “Year” means a calendar year.
(b) Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:
(1) “And” indicates that all connected items, conditions, provisions or events shall apply.
(2) “Or” indicates that one or more of the connected items, conditions, provisions or events shall apply.
(3) “Either … or” indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination.
(c) Delegation of Authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise.
(d) Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(e) Number. A word indicating the singular number may extend and be applied to several persons and things. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary.
(f) Public Officials, Bodies and Agencies. All public officials, bodies, and agencies to which reference is made are those of the city, unless otherwise indicated.
(g) Shall and May. The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
(h) Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary.
(i) Text. In case of any difference of meaning or implication between the text of this code and any illustration or figure, the text shall control. (Ord. 917 § 1 (part), 2012).
11.10.110 Interpretation of development code.
Any person may request a formal interpretation of a provision of the development code, zoning map, arterial road map, prior conditions of approval, or prior administrative interpretations. All requests for formal interpretations shall be made in writing. The interpretation shall be made by the city administrator or designee. The building and planning department (hereafter referred to as “the department”) shall maintain a file of all written interpretations. (Ord. 917 § 1 (part), 2012).
11.10.120 Appeal of administrative interpretation.
This formal interpretation may be appealed pursuant to the provisions of Title 16A. (Ord. 917 § 1 (part), 2012).
11.10.130 Implementation of comprehensive plan.
The regulations of this code are intended to implement the city’s official comprehensive plan and, as such, may be amended from time to time. A copy of the plan shall be kept in the office of the city clerk-treasurer, and it shall be available for public inspection during regular business hours or on the city’s website. Applications for rezoning and any land use action taken by the city shall be consistent with the city of Connell comprehensive plan (the “comprehensive plan”). (Ord. 917 § 1 (part), 2012).