Chapter 18.04
ADMINISTRATION AND INTERPRETATION1
Sections:
18.04.010 Compliance to regulations required.
18.04.020 Conflicting regulations.
18.04.040 Land use applications – Procedural and substantive requirements.
18.04.050 Permit – Conformity required prior to issuance.
18.04.060 Unlawful encroachment or reduction.
18.04.080 Maximum number of buildings per lot.
18.04.090 Administrative rules.
18.04.010 Compliance to regulations required.
Except as provided in this title, no building shall be created, reconstructed, or structurally altered, nor shall any building or land be used, except in compliance with the regulations and/or guidelines established in this title. In addition to regulations and/or guidelines established by this title, buildings and land uses must meet all other applicable city, county, regional, state, federal, and other regulations and guidelines. (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.020 Conflicting regulations.
Should language or provisions of this title or of other North Bend Municipal Code chapters relating to buildings or land use conflict with one another, or with other applicable building or land use regulations (including county, regional, state, federal, or other), the following guidelines shall dictate:
A. Where applicable, the most restrictive regulation shall typically apply;
B. The most recently adopted regulation shall typically apply;
C. Where applicable, preemptory (e.g., state, federal) regulations or guidelines shall apply;
D. If guidelines in subsections A and B of this section conflict, an administrative interpretation shall be made by the director of community services as to which regulation applies. The director shall research the original intent of the regulation, and shall exercise his or her best professional judgment in making an interpretation. The director’s interpretation shall be subject to review and confirmation by resolution of the city council prior to reliance on the interpretation for general administrative purposes and Type I permit decisions as set forth in Chapter 20.01 NBMC. For Type II permit decisions, the director’s determination shall be reviewed and affirmed, modified or rejected by the permit decision body per Chapter 20.01 NBMC. Administrative interpretations shall be recorded as official city policy, and incorporated into NBMC updates on an annual, or more frequent, basis as needed by council legislation. (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.030 Interpretation.
A. Where uncertainty exists with any language or provisions of this title, and/or with any North Bend Municipal Code chapters relating to buildings or land use, an administrative interpretation clarifying the uncertainty shall be made by the director of community services. The director shall research the original intent of the language or provision, and shall exercise his or her best professional judgment in making an administrative interpretation.
B. For unlisted use determinations per Table 18.10.030, the director shall consider the purposes outlined in the zoning code for its respective districts. Should an interpretation be made that a proposed unlisted use not be allowed in a specific zoning district, the director shall indicate which district, if any, the use is consistent with.
C. The director’s interpretation shall be subject to review and confirmation by resolution of the city council prior to reliance on the interpretation for general administrative purposes and Type I permit decisions as set forth in Chapter 20.01 NBMC. For Type II permit decisions, the director’s determination shall be reviewed and affirmed or rejected by the permit decision body per Chapter 20.01 NBMC. When confirmed by council, administrative interpretations shall be recorded as official city policy, and may be incorporated into NBMC updates on an annual, or more frequent, basis as needed by council legislation. In the course of a code revision, the council may adopt the director’s interpretation without modification or revise the interpretation and adopt a new policy by code. (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.040 Land use applications – Procedural and substantive requirements.
Procedural and substantive requirements for land use applications shall first be governed by NBMC Title 20, Administration of Development Regulations; and second by procedural and substantive guidelines in respective NBMC titles, including but not limited to NBMC Titles 14 through 20. (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.050 Permit – Conformity required prior to issuance.
The issuance or granting of a permit, certificate of occupancy or other authorization or approval shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title or of any other city code/ordinance. Permits presuming to give authority to violate or cancel the provisions of this title or of any other city code/ordinance shall not be valid. (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.060 Unlawful encroachment or reduction.
The minimum yards required by this title, including those provisions regulating intensity of use, for each and every principal building erected or structurally altered, shall not be encroached upon or considered as meeting the yard requirements or the intensity-of-use provisions for any other principal building. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this code and the certificate of occupancy for such building shall be null and void. Accessory buildings or structures shall be regulated per Table 18.10.050(1.51) and NBMC 18.34.200(B)(2) and (3). (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.070 Lot separations.
Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to impair any of the requirements of this title with respect to the existing buildings, and all yards and other open spaces in connection therewith, and no permit shall be issued for the erection of a new building on the new lot thus created unless it complies with the provisions of this title. (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.080 Maximum number of buildings per lot.
No more than one building shall be constructed on a lot without an approved site plan under Chapter 18.14 NBMC; provided, however, this provision shall not apply to single-family dwellings with accessory structures, including but not limited to accessory dwelling units, as permitted in the underlying zone classification. (Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997).
18.04.090 Administrative rules.
The director shall have the authority to adopt administrative rules not inconsistent with this title as necessary to implement the provisions of this title. (Ord. 1256 § 1 (part), 2006).
Prior legislation: Ords. 901, 768, 533 and 336.