Chapter 17.08 - ADMINISTRATION AND ENFORCEMENT
Sections:
17.08.010 - Administration and enforcement.
17.08.020 - Amendments.
17.08.030 - Public hearings.
17.08.040 - Applications and appeals—Forms and contents.
17.08.050 - Filing fees.
17.08.060 - Appeals.
17.08.070 - Zoning classification for annexed areas—Procedure.
17.08.090 - Procedure for violation notification.
17.08.010 - Administration and enforcement.
It shall be the duty of the following authorities to administer the provisions of this title:
A. Town Clerk—Duties and Powers. The town clerk shall:
Further, if by amendment to this title any zone boundary on the official zoning map is changed, such changes shall be entered
promptly on the map by the town clerk, together with the date of passage of the amendment. An up-to-date copy of the official
zoning map shall be available for public inspection.
1. Issues and receives applications for all zoning permits required herein;
2. Receive applications for amendments, variances and conditional uses and forward same to the planning commission for action;
3. Following refusal of a permit, receive application for appeals and forward same to the town council for action;
4. Record and file all applications for building permits, conditional use permits and variances with accompanying plans and documents;
5. Invoke a temporary stop on any permit issued under a mistake of fact or contrary to the law or provision of this title;
6. Collect fees for processing and handling applications. Please refer to the current fee schedule on file at the town clerk's
office;
7. Shall be responsible for mailing out notices for public hearings and newspaper publication pursuant to Section 17.08.030.
B. Building Inspector—Duties and Powers. The building inspector shall:
An appeal from a decision made by the building inspector may be made to the town council. Any action or ruling of the building
inspector shall become final twenty (20) days after approval or disapproval has been given unless the decision is appealed
to the town council. Written notice shall be filed with the town clerk. If the appeal is filed, the town council shall receive
a report and recommendation from the building inspector pursuant to Section 17.08.060 and shall hold a public hearing on the
appeal.
1. Receive and examine all applications for building permits;
2. Process all building permit applications;
3. Issue permits only when there is compliance with the provisions of this title. Permits requiring approval of the town council
shall be issued only after such approval has been made;
4. Issue certificates of occupancy after final inspection before any building, structure or premises may be occupied and prior
to the establishment, relocation or transformation of use. Single-family homes are exempt from this requirement unless such
structure is nonconforming. The certificate of occupancy shall state that the new building or portion thereof, the altered
building, existing building or the proposed use of a building or land complies with the provisions of this title;
5. Conduct inspections and surveys to determine the compliance or noncompliance with the provisions of this title;
6. Revoke a permit issued contrary to this title or based on false statements or misrepresentation in the application;
7. May order discontinuance of uses or work in progress contrary to the building permit. Failure to comply with such order shall
be deemed a violation of this title;
8. Check and pass building and site plans to insure compliance with this title.
C. Planning Commission—Duties and Powers. The planning commission:
1. Shall review all applications for permits and amendments and conduct hearings required in this title and shall transmit, in
writing, findings and recommendations to the town council;
2. May recommend discontinuance of any illegal use to the town council;
3. Shall review this title every two years or as needed:
a. Analyze the extent to which development has occurred in the town,
b. Recommend any changes on the official zoning map to accommodate future growth in keeping with the intent of the comprehensive
plan,
c. Analyze the validity of any other regulations imposed by this title in respect to changed conditions since the last review
of this title.
D. Town Council—Duties and Powers. The town council:
Any decision made by the town council shall be final, unless appealed to the superior court pursuant to the provisions of
RCW 34.04, Administrative Procedures Act.
1. Shall review and render final decisions on all permit applications, amendments and appeals;
2. Shall recommend planning commission members to be appointed by the mayor;
3. May suspend any permit issued under this title upon the recommendation of the building inspector if the development requirements
of the permit are not met.
E. Attorney—Duties and Powers. The town attorney, when authorized by the town council, shall institute any necessary legal proceedings
to enforce the provisions of this title.
(Ord. 620 § 7, 2006; Ord. 358 § 17, 1987)
17.08.020 - Amendments.
A. Authorization to Initiate Amendments. An amendment to the text of this title or to a zoning map may be initiated by the town
council, the planning commission or by a property owner. The request by a property owner for an amendment shall be accomplished
by filing an application with the town clerk using forms prescribed in Section 17.08.040. Any request for an amendment to
the zoning text or map shall be based on the goals and policies for the comprehensive plan.
B. Public Hearing on Amendments.
1. The planning commission shall hold a public hearing on a proposed amendment in accordance with the provisions of Section 17.08.030.
2. The town council shall hold a public hearing on a proposed amendment in accordance with the provisions of Section 17.08.030.
C. Record of Amendments. The town clerk shall maintain a record of amendments to the text and zoning map of this title.
D. Limitation. No application of a property owner for an amendment to the text of this title or to the zoning map shall be considered
by the planning commission within the one-year period immediately following a previous denial of such request, except the
planning commission may permit a new application if, in the opinion of the planning commission, new evidence of a change of
circumstances warrants it.
(Ord. 620 § 8, 2006; Ord. 468 (part), 1998; Ord. 358 § 16, 1987)
17.08.030 - Public hearings.
A. Notice of Public Hearings. When the planning commission or town council is required to hold a public hearing, notice of the
hearing shall be given in the following manner:
1. Notice of the time, place and purpose of the hearing shall be given in the official newspaper of the town at least ten days
before the hearing.
2. Written notice of the hearing shall be mailed by the town no less than ten days prior to the date of the hearing to the applicant
and to all property owners within a three hundred (300) foot radius of the outside boundaries of the subject property.
3. Failure of a person to receive the notice prescribed in this section shall not impair the validity of the hearing.
4. The planning commission or town council may recess a hearing in order to obtain additional information or to serve further
notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing,
the time and date when the hearing is to be resumed shall be announced.
5. The town clerk shall be responsible for placing such notices in the necessary newspapers, and mailing out written notices
to property owners. A list of all such affected parties shall be submitted by the applicant along with an application.
B. Public Hearings—Planning Commission and Town Council.
1. The planning commission shall hold a public hearing as required by this title, within forty-five (45) days following the filing
of an application for a conditional use permit, variance, rezone or amendment. Within five days of such hearing, the planning
commission shall provide the applicant and the town council with written notice of its findings and recommendations for approval,
disapproval, or approval with conditions.
2. Upon receiving the findings and recommendations from the planning commission, the town council shall review such written material.
In taking action on an application, the town council shall, within forty-five (45) days, approve, disapprove, or approve with
conditions the application. Within five days after such decision has been rendered, the council shall provide the applicant
with written notice of the town's action.
(Ord. 358 § 18, 1987)
17.08.040 - Applications and appeals—Forms and contents.
A. Petitions, applications and appeals provided for in this title shall be made on forms prescribed by the town.
B. Applications shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of
the lot to be built upon; the sites and locations on the lot of all existing and proposed structures; the intended use of
each structure; the number of residential units, if any, to be accommodated thereon; the relationship of the property to the
surrounding area; and such other information as is needed to determine conformance with this title.
(Ord. 358 § 19 (part), 1987)
17.08.050 - Filing fees.
Please refer to the current fee schedule on file at the city clerk's office.
(Ord. 620 § 9, 2006: Ord. 505, 1999: Ord. 468 (part), 1998; Ord. 358 § 19 (part), 1987)
17.08.060 - Appeals.
Any person aggrieved by a decision or recommendation of the building inspector or the planning commission may appeal such
decision or recommendation to the town council. Such appeals shall be filed, in writing, to the town clerk. If the appeal
is not filed within twenty (20) days, the decision shall be final. Upon the filing of an appeal, the town council shall set
the time and place for a public hearing. At least a ten-day notice of such time and place shall be given to the adverse parties
and to the official whose decision is being appealed. The official from whom the appeal is being taken shall transmit to the
town council all records and proceedings pertaining to the decision being appealed, together with additional information as
deemed pertinent. The town council may approve, disapprove, or approve with conditions the appeal, and such decision shall
be transmitted in writing to the adverse parties and shall be final unless appealed by the superior court pursuant to RCW
34.04.
(Ord. 358 § 19 (part), 1987)
17.08.070 - Zoning classification for annexed areas—Procedure.
A. Any area which is annexed to the town and which is not within a proposed zoning regulation as provided within RCW 35A.14.330
shall retain the zoning classification for such area as has been established by the county until changed by the town as herein
provided. In the interim period, prior to being zoned by the town, the town shall enforce the zoning regulations of the county
along with any conditions, limitations or restrictions applied by the county as though they were part of this title and as
though such zone classification has been established by the town.
B. Within six months after the effective date of the annexation of such property, the planning commission shall present to the
town council for its consideration a proposal for the appropriate zoning classification of the area annexed, and the town
council shall, following public hearings as provided by law, determine and fix a zoning classification or classifications
for such annexed area.
(Ord. 402 §§ 1, 2, 1993)
17.08.090 - Procedure for violation notification.
A. Within ten days after notification of a violation of this title, the building inspector shall notify the property owner that
such a violation exists.
B. Where the violation does not involve a structure, action to rectify such shall be made within thirty (30) days. Where the
violation involves a structure, action to rectify shall be made within sixty (60) days.
C. If no action has been taken to rectify the violation within the specified time, the building inspector shall notify the town
council.
D. The town council shall set the date for a hearing with the person violating this title and with the building inspector to
consider whether subsequent legal action should be taken to rectify the violation. If necessary, legal action shall be taken
as required to insure compliance with this title.
(Ord. 358 § 19 (part), 1987)