Part I. General
Chapter 15.02
GENERAL PROVISIONS
Sections:
15.02.050 Minimum requirements.
15.02.060 Interpretation – Language construction.
15.02.070 Computation of time.
15.02.080 Zoning map interpretation.
15.02.090 Right-of-way interpretation.
15.02.100 Withdrawal of applications.
15.02.120 Permit suspension, revocation, or modification.
15.02.140 Violations and penalties.
15.02.010 Title.
This title will be known and may be cited as the Raymond Unified Development Code, and is referred to in this title as “this code.” (Ord. 1593, 1998)
15.02.020 Authority.
This code is adopted pursuant to the authority contained in Chapter 35A.63 RCW (Planning and Zoning in Code Cities), Chapter 35A.58 RCW (Boundaries and Plats), Chapter 36.70A RCW (Growth Management Act), Chapter 36.70B RCW, Chapter 36.70C RCW (Land Use Petition Act), Chapter 86.16 RCW (Flood Prevention), RCW Title 58 (Boundaries and Plats), and any other appropriate state regulations. (Ord. 1593, 1998)
15.02.030 Applicability.
A. The provisions of this code apply to all development in the city, and no development may occur before obtaining a permit or approval pursuant to this code, except as provided in subsection (B) of this section.
B. This code does not affect the validity of any effective development permit that was issued before the effective date of the ordinance codified in this title. However, if a permit or approval was issued before the effective date of the ordinance codified in this title and no demonstrable progress in planning or construction has been made for one year, the permit or approval is void and a new application subject to all requirements of this code must be submitted.
C. Nothing in this code authorizes development that is inconsistent with and does not further the framework and policy direction provided for in the city’s adopted comprehensive plan pursuant to Chapter 36.70A RCW. (Ord. 1593, 1998)
15.02.040 Purpose and intent.
The purposes of this code are:
A. To establish regulatory procedures and standards for review and decision-making of all proposed development in the city;
B. To foster and preserve public health, safety, comfort, and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the city, in accordance with the comprehensive plan;
C. To adopt a development review process that is efficient, effective, and equitable;
D. To prohibit or condition incompatible land uses by regulating density and dimensional aspects of development;
E. To ensure that new development(s) install all private and public infrastructure necessary to serve the new development and protect environmentally sensitive areas;
F. To implement the comprehensive plan of the city;
G. To regulate the subdivision of land to ensure that:
1. Adequate utility and public facilities are provided in developing portions of the city;
2. Land development is coordinated;
3. Uniform monumenting of land subdivisions and conveyance by accurate legal description is achieved; and
H. To provide for a penalty for the violation of this code. (Ord. 1593, 1998)
15.02.050 Minimum requirements.
The requirements in this code are the minimum requirements necessary to accomplish the purposes of this code. (Ord. 1593, 1998)
15.02.060 Interpretation – Language construction.
The following rules of construction apply to the text of this code:
A. The words “must” and “will” are always mandatory and not discretionary. The words “should” and “may” are permissive and are discretionary;
B. Words used in the present tense include the future;
C. Words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary;
D. A “building” or “structure” includes any part of a building or structure;
E. The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity;
F. The word “includes” does not limit a term to the specified examples, but is intended to extend its meaning to all other similar instances or circumstances; and
G. The use of any gender-based pronoun (e.g., “he”) should not be interpreted to be gender biased, but is only used for grammatical simplicity. (Ord. 1593, 1998)
15.02.070 Computation of time.
The time within which an act is to be done is computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day will be excluded. (Ord. 1593, 1998)
15.02.080 Zoning map interpretation.
This unified development code consists of the text of this code, together with a zoning map, which is on file at the office of the city clerk/treasurer. The zoning map shows the boundaries of different use districts within the city and its urban growth area. Boundaries of land use districts should be interpreted as follows:
A. Boundaries shown as following or approximately following any street will be interpreted as following the centerline of the street.
B. Boundaries shown as following or approximately following any platted lot line or other property line will be interpreted as following such line.
C. Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines will be interpreted as following such lines.
D. Boundaries shown as following or approximately following natural features will be interpreted as following such features.
E. Vacated streets and alleys will assume the zone classification of abutting property. The former centerline of the vacated street or alley will be the new boundary.
F. When any uncertainty exists as to zone boundaries, the planning commission and/or city council may require an applicant to determine the location of boundaries by survey. (Ord. 1593, 1998)
15.02.090 Right-of-way interpretation.
A. Land contained in rights-of-way for streets or alleys will be considered unclassified, except when the areas are specifically designated on the zoning map as being classified in one of the zones provided in this code.
B. Uses within street or alley right-of-way will be limited to street purposes as defined by law.
C. Where a right-of-way is vacated, the vacated area will adopt the zone classification of the adjoining property with which it is first merged. (Ord. 1593, 1998)
15.02.100 Withdrawal of applications.
An application may be withdrawn by an applicant at any time. (Ord. 1593, 1998)
15.02.110 Violations defined.
Structures or uses which do not conform to this code are violations subject to the enforcement, penalty, and abatement provisions of this code, except approved variances and legal nonconforming uses as specified in this code. Violations include, but are not limited to:
A. Establishing a use not permitted in the zone in which it is located;
B. Constructing, expanding, or placing a structure in violation of setback, height, and other dimensional standards;
C. Establishing a permitted use without complying with applicable development standards set forth in other codes, regulations, ordinances, rules, or laws;
D. Failing to carry out or observe conditions of a permit or approval, including contract development standards of property-specific agreements;
E. Failing to secure a required permit or approval before establishing a permitted use; and
F. Failing to maintain site improvements as required in this code, including, but not limited to, landscaping, parking, or drainage control facilities. (Ord. 1593, 1998)
15.02.120 Permit suspension, revocation, or modification.
Any permit or approval issued by the city pursuant to this code may be suspended, revoked, or modified by the city planner on one or more of the following grounds:
A. The permit or approval was obtained by fraud;
B. The permit or approval was granted based on inadequate or inaccurate information supplied by the applicant or the applicant’s representative;
C. An error of procedure occurred which prevented consideration of the interests of persons directly affected by the approval;
D. The permit or approval granted is being exercised contrary to the terms or conditions of the permit or approval or in violation of any statute, law, or regulation; or
E. The holder of the permit or approval interferes with any authorized city representative in the performance of his or her duties, relevant to the permit or approval or implementation and review of the permit. (Ord. 1593, 1998)
15.02.130 Security agreement.
A. When a completion security or maintenance security is posted, the applicant and the city council must sign a notarized security agreement, approved in form by the city attorney. This security agreement must be recorded with the Pacific County auditor. The security agreement must provide the following information:
1. A description of the work or improvements covered by the security;
2. The period of time covered by the security;
3. The amount and nature of the security and the amount of the cash deposit;
4. The rights and duties of the city;
5. The rights and duties of the applicant;
6. An irrevocable license to run with the property to allow the employees, agents, or contractors of the city to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making improvements covered by the security;
7. The mechanism by and circumstances under which the security will be released.
B. When any recorded security mechanism is released by the city to the applicant, a copy of the letter of release must be filed with the Pacific County auditor. (Ord. 1593, 1998)
15.02.140 Violations and penalties.
A. Any firm, business, property owner, corporation, entity, or person who violates the standards in this code, or the more stringent standards imposed by the city in carrying out the provisions of this code, is guilty of a misdemeanor. Each day of noncompliance with this code is a separate offense. The offense will be punished by a fine not to exceed $300.00 or 90 days in jail or both.
B. The city has the right to abate any violations of this code by seeking injunctive relief in the Pacific County Superior Court. Any firm, business, property owner, corporation, entity, or person who violates the standards in this code, or the more stringent standards imposed by the city in carrying out the provisions of this code, is responsible for paying the city’s court costs and reasonable attorney’s fees in any abatement action. (Ord. 1593, 1998)
15.02.150 Severability.
If any chapter, section, subsection, paragraph, sentence, clause, or phrase of this code is declared unconstitutional or invalid for any reason, the decision will not affect the validity of the remaining portion of this code. (Ord. 1593, 1998)