Division 1. General Provisions
Chapter 18.01
GENERAL PROVISIONS
Sections:
18.01.040 Organization of this title.
18.01.050 Administration of the title.
18.01.060 Interpretation and application.
18.01.090 Pre-existing, nonconforming structures, uses and lots.
18.01.010 Title.
This title shall be known as the “Yelm Unified Development Code.” (Ord. 995 § 12 (Exh. A), 2015).
18.01.020 Authority.
This title is enacted pursuant to the authority vested in the city by Chapters 35.21, 58.10, 58.17, 36.70A, and 43.21C RCW, and that power and responsibility of the city to provide for the health, safety and general welfare of its citizenry and the public. (Ord. 995 § 12 (Exh. A), 2015).
18.01.030 Purpose.
A. This code was created to assure that review and approval of any land use or permit decision is based on implementing the goals and policies of the city of Yelm comprehensive plan and joint plan with Thurston County, pursuant to the mandated provisions of the state of Washington’s Growth Management Act (Chapter 36.70A RCW), Subdivision Act (Chapter 58.17 RCW), State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), and other applicable state and local laws. If the provisions of this code conflict with any provision of the RCW, the RCW shall prevail.
B. Other chapters have additional intent or purpose sections applicable to those chapters, which are to be read in concert with the purposes of the title as a whole. (Ord. 995 § 12 (Exh. A), 2015).
18.01.040 Organization of this title.
This code is intended to be used as a single integrated document. Each part contributes to a unified regulatory system. The code is organized in divisions.
Division 1 – General Provisions: Provisions that apply to all aspects of land development.
Division 2 – Review, Administration, and Enforcement: Establishes different types of review, applications, processes, administration and enforcement of this code.
Division 3 – Environment: Provides regulation regarding environmental concerns and protection.
Division 4 – Buildings and Construction: Guides the approval of buildings and other structural requirements.
Division 5 – Zoning: Establishes uses allowed by district.
Division 6 – Design Standards: Provides regulation and design standards for all development within the city. (Ord. 995 § 12 (Exh. A), 2015).
18.01.050 Administration of the title.
The administrator of this title shall be the community development director or his/her designee. (Ord. 995 § 12 (Exh. A), 2015).
18.01.060 Interpretation and application.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreement between parties, public or private; however, if any provision of this title is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail. (Ord. 995 § 12 (Exh. A), 2015).
18.01.070 Fees.
Applications for permits or other approvals pursuant to this title shall be subject to concurrent payment of any applicable fee as set forth in the Yelm development fee schedule adopted by resolution of the city council. Such fees shall not be refundable unless authorized by the approval authority. Until all fees have been paid in full, no action shall be taken on the petition or application. (Ord. 995 § 12 (Exh. A), 2015).
18.01.080 Time computation.
In computing any period of time prescribed by this title, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a city holiday, in which case the period runs until the end of the next day which is neither a Saturday, Sunday or a city holiday. (Ord. 995 § 12 (Exh. A), 2015).
18.01.090 Pre-existing, nonconforming structures, uses and lots.
A. Structures.
1. Pre-existing, nonconforming structures may be maintained; provided, that they shall not be enlarged, expanded or extended in a manner which would increase the nonconforming aspects of the structure.
2. Pre-existing, nonconforming structures shall not be relocated unless the move results in bringing the structure into closer conformance with the design standards of the Unified Development Code.
B. Uses. A nonconforming use of a structure or land shall not be extended or enlarged after the effective date of the ordinance codified in this title by attachment on a building or premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
A nonconforming use shall be deemed abandoned by discontinuance or abandonment for a period of 18 consecutive months, and any subsequent future use of such land or buildings shall be in conformity with the provisions of this title.
C. Lots. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. (Ord. 995 § 12 (Exh. A), 2015).