Chapter 17.04
GENERAL PROVISIONS

Sections:

17.04.010    Title.

17.04.020    Purpose, authority and scope.

17.04.030    Interpretation of code.

17.04.035    Rules and regulations.

17.04.040    Severability clause.

17.04.050    Waiver.

17.04.010 Title.

The ordinance codified in this title is the city of Elma Unified Development Code and may be cited as the "UDC." (Ord. 1047 §§2(part), 3(part), 2004).

17.04.020 Purpose, authority and scope.

A.    Purpose. The general purpose of the UDC is to:

1.    Encourage land use decision-making in accordance with the public interest, protection of private property rights, and the public good, and applicable laws of the state of Washington;

2.    Protect the general public health, safety, and welfare and encourage orderly economic development;

3.    Implement the city of Elma Comprehensive Land Use Plan, Shoreline Master Program, and other adopted city plans and policies;

4.    Provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses, and the application of appropriate development standards;

5.    Provide for adequate public facilities and services in conjunction with development; and

6.    Promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development.

B.    Authority. The authority invested in the UDC is pursuant to Planning and Zoning in Code Cities (Chapter 35A.63 RCW), the Growth Management Act (Chapter 36.70A RCW), the Shoreline Management Act (Chapter 90.58 RCW), Plats and Subdivisions (Chapter 58.17 RCW), the State Environmental Policy Act (Chapter 43.21C RCW), and other applicable state and local laws.

C.    Scope. Hereafter, no building, structure, or use shall be erected, demolished, remodeled, reconstructed, altered, enlarged, or relocated, and no building, structure or premises shall be used in the city of Elma except in compliance with the provisions of the UDC and then only after securing all required permits and licenses. Any building, structure, or use lawfully existing at the time of passage of the UDC, although not in compliance therewith, may be maintained as provided in Chapter 17.28, Nonconforming Structures and Uses. (Ord. 1047 §§2(part), 3(part), 2004).

17.04.030 Interpretation of code.

A.    Review. The administrator shall review and resolve any questions involving the proper interpretation or application of the provisions of the UDC. The administrator’s decision shall conform to the letter of the UDC and with the spirit and intent of the Comprehensive Land Use Plan and the Shoreline Management Program. Any person may appeal the interpretation or decision of the administrator in accordance with Section 16.04.200 of this code.

B.    Record. The administrator shall keep a dated and indexed public record of all interpretations and rulings regarding the UDC made by the administrator, hearing examiner, planning commission, and city council.

C.    Minimum Requirements. When interpreting and applying the regulations of the UDC, its provisions shall be the minimum requirements unless otherwise stated. Whenever the regulations of the UDC are at variance with the requirements of any other lawfully adopted rule, regulation, or ordinance of the city, then the most restrictive of these provisions, or the provision imposing the highest standards as the case may be, shall apply. (Ord. 1047 §§2(part), 3(part), 2004).

17.04.035 Rules and regulations.

A.    The administrator shall have the authority to develop and issue such rules and regulations as may be necessary to administer the provisions of this code, whether relating to subdivisions, zoning, or building and construction. Any such rule or regulation shall be submitted in writing to the council not less than thirty calendar days prior to its anticipated effective date. If during that period the council either rejects or suspends the effective date, the rule or regulations shall not go into effect until approval by the council. In the event of no action by the council, the regulation shall go into effect upon the date set by the administrator; provided that, the administrator may propose and the council may authorize an effective date earlier than the thirty days otherwise required.

B.    Such rules and regulations issued by the administrator as go into effect shall be kept on file in the office of the administrator or at such other location within the city’s offices as the administrator may authorize. They shall be available to the public upon request. (Ord. 1061 §2, 2005).

17.04.040 Severability clause.

If any provision of the UDC or its application to any person, legal entity, or circumstances is held to be invalid, the remainder of the UDC and the application of the remaining provisions to other persons or circumstance shall not be affected. (Ord. 1047 §§2(part), 3(part), 2004).

17.04.050 Waiver.

A waiver or failure to enforce any part of the UDC or any goal or policy in the Comprehensive Plan by the city of Elma or any of its agents shall not constitute a waiver of any other part of the code or Comprehensive Land Use Plan, nor shall such a waiver or failure to enforce constitute a future or continuing waiver of the specific part that was waived or not enforced. (Ord. 1047 §§2(part), 3(part), 2004).