Chapter 18.80
LANDS ACQUIRED BY PUBLIC ENTITIES
Sections:
18.80.010 Planning and zoning jurisdiction.
18.80.030 Requirements for development.
18.80.050 Severability – Construction.
18.80.010 Planning and zoning jurisdiction.
(1) All land acquired within the city for public purposes by public entities is subject to the city’s zoning and planning jurisdiction.
(2) All land acquired within the city for public purposes by public entities shall be developed in a manner consistent with city planning, zoning, development, health, and safety requirements. (Ord. 610 § 1, 1994).
18.80.020 Limits on use.
(1) Except to the extent otherwise provided in state law, all land acquired within the city for public purposes by public entities shall be designated for use as open space land or for public facilities designed to benefit the city and its residents (e.g. fire station, school building) and shall be subject to the zoning requirements applicable to open space and/or public facilities. The open space land use and open space zoning designation shall allow only parks, recreational areas, or other public land uses.
(2) Except to the extent otherwise provided in state law, property within the city acquired for public purposes by public entities may not be used for new commercial activities, unless the city makes a finding that such land uses are of value to the city and should be permitted. All commercial land uses of property shall be subject to city land use regulations and shall be restricted in accordance with the city’s land use plans, zoning ordinances and development regulations.
(3) Clearing, grading, modification, demolition and relocation of buildings and structures on land acquired within the city for public purposes by public entities shall require city approval and permits in accordance with NPMC Titles 10, 13, 14, 17 and 18. (Ord. 610 § 2, 1994).
18.80.030 Requirements for development.
(1) Public entities acquiring areas within the city for public purposes by public entities shall perform an environmental survey to investigate soil and site contamination before the city will allow site preparation, construction or demolition activities. All identified soil and site contamination shall be remediated as a condition of site modification.
(2) Any site development activity on land acquired within the city for public purposes by public entities shall meet city zoning regulations. (Ord. 610 § 3, 1994).
18.80.040 Management of streets and street rights-of-way within and adjacent to land acquired by public entities.
The city shall retain full authority over the management, operation and maintenance of streets and street rights-of-way in land acquired within the city for public purposes by public entities. (Ord. 610 § 4, 1994).
18.80.050 Severability – Construction.
(1) If a section, subsection, paragraph, sentence, clause or phrase of the ordinance codified in this chapter is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter.
(2) If the provisions of the ordinance codified in this chapter are found to be inconsistent with other provisions of this code, the ordinance codified in this chapter is deemed to control. (Ord. 610 § 5, 1994).