Chapter 18.10
GENERAL PROVISIONS

Sections:

18.10.010    Introduction.

18.10.020    Purpose and intent.

18.10.030    Administration.

18.10.040    Interpretation.

18.10.050    Reasonable use exception.

18.10.060    Liability.

18.10.070    Severability.

18.10.010 Introduction.

The Roslyn Municipal Code has been revised to integrate the most frequently used land use planning code provisions into a single streamlined and user friendly title utilizing a common set of definitions and procedures. Subsequent revisions will be made as the city’s development standards are updated in accordance with the provisions of the city’s comprehensive plan. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.10.010)), 2010.]

18.10.020 Purpose and intent.

The general purposes of this title are to:

A. Further the goals and objectives of the city comprehensive plan;

B. Protect the public health, safety and general welfare;

C. Preserve the historic character and development pattern of the community;

D. Maintain the integrity and uniqueness of Roslyn’s historic character;

E. Provide an efficient and effective means of processing land use applications;

F. Regulate the subdivision of land and promote compatible land uses;

G. Promote safe and convenient travel by the public on streets and highways;

H. Facilitate adequate provision for water, sewage, drainage, parks and recreation areas, sites for schools and school grounds, and other public requirements;

I. Ensure that the general taxpaying public is not burdened with development costs which are more appropriately borne by developers; and

J. Regulate the development of lands containing critical areas and minimize the adverse environmental impacts of development. [Ord. 1073 § 1, 2011; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.10.020)), 2010.]

18.10.030 Administration.

The mayor may designate a planning official(s), a building official(s), and a code enforcement official(s) who shall be responsible for the administration of this title and related city planning provisions.

A. The authority, responsibilities, and duties of the planning official(s) may include, but are not limited to:

1. Serving as the lead staff person for the administration of this title and related city planning provisions;

2. Establishing and maintaining such application forms and procedures as may be necessary to implement this title;

3. Interpreting city requirements and determining the applicability of this title to proposed projects and development activities;

4. Establishing and maintaining a fee schedule for all land use and building permit activities in accordance with the approved city budget and any fee resolutions that may be approved by the city council;

5. Establishing, maintaining, and/or implementing standards for the design and construction of any public works or improvements that may be required as a condition of approval for any land use or building permit activity;

6. Serving as the SEPA responsible official;

7. The review and approval of land use applications and the issuance or processing of land use planning, building, and related permits;

8. Inspecting and examining structures or tracts of land, and to order, in writing, remedies for any condition found to be in violation of the Roslyn Municipal Code and city ordinances;

9. The enforcement of city development regulations, the approval of compliance plans, the imposition and collection of fines for violations, issuance of stop work orders, and/or the imposition of penalties;

10. Coordinating the activities of city staff and consultants involved in land use planning activities; and

11. Serving as the staff liaison to the planning and historic preservation commission.

B. The authority, responsibilities, and duties of the building official(s) may be performed by a staff person(s) or a firm(s) providing contractual services to the city, and may include, but are not limited to:

1. Interpreting the provisions of the International Building Code as adopted by the city;

2. Enforcing of the International Building Code as adopted by the city and the provisions of the Roslyn Municipal Code;

3. Reviewing building plans for compliance with the provisions of the International Building Code as adopted by the city;

4. Inspecting new construction and the renovation, repairs, and modifications to buildings for compliance with approved plans; and

5. Taking actions necessary for the abatement of nuisances, dangerous or abandoned buildings, or threats to the public health and safety.

C. The authority, responsibilities, and duties of the code enforcement official(s) may be performed by a staff person(s) or a firm(s) providing contractual services to the city, and may include, but are not limited to:

1. Interpreting the provisions of the International Building Code as adopted by the city;

2. Enforcing of the International Building Code as adopted by the city and the provisions of the Roslyn Municipal Code; and

3. Taking actions necessary for the abatement of nuisances, dangerous or abandoned buildings, or threats to the public health and safety. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.10.030)), 2010.]

18.10.040 Interpretation.

Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants to which the city is a party, the most restrictive or those imposing the higher standards as determined by the planning official shall govern; provided, that:

A. The mayor or his/her designee is authorized to make such interpretations of this title as may be necessary to promote the streamlined implementation of the comprehensive plan, provide efficient development reviews, remove inequities between property and business owners, resolve conflicting requirements, clarify provisions, correct cross-references, and/or to avoid unnecessary hardship; and

B. Any person may request a formal interpretation of the provisions of this title or those municipal codes referenced in this title. The request shall be in writing and shall reference specific titles, chapters, or code sections that pertain to the desired interpretation. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.10.040)), 2010.]

18.10.050 Reasonable use exception.

If the application of the regulations in this title would deny all reasonable economic use of the subject property, the property owner may apply for an exception pursuant to this section.

A. Applications for a reasonable use exception shall be processed as a Class 1 permit; provided, that the planning official may refer selected applications to the planning and historic preservation commission for processing as a Class 2 permit.

B. Criteria for review and approval of reasonable use exceptions follow:

1. The application of the standards and provisions of this title would deny all reasonable economic use of the property;

a. There are no other practical alternatives to the proposed action that would have less impact;

b. The inability to derive reasonable economic use of the property is not the result of subdivision or other actions by the applicant;

2. No other reasonable economic use has less adverse impact(s);

3. The proposal protects and mitigates impacts to the functions and values of critical areas to the greatest extent feasible, consistent with the best available science, allowing for reductions of up to 50 percent in critical area buffers and setbacks, with mitigation;

4. The proposal does not pose a threat to the public health, safety, or welfare on or off the development proposal site; and

5. The proposal is consistent with other applicable regulations and standards.

C. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.10.050)), 2010.]

18.10.060 Liability.

The granting or approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city or any official or employee thereof on the practicality or safety of any structure or use proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result therefrom. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.10.060)), 2010.]

18.10.070 Severability.

If any provision of this title or its application to any person or legal entity is held to be invalid, the remainder of this title, or the application of this title or the application of the provision to other persons or entities or circumstances shall not be affected. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.10.070)), 2010.]