Chapters 21.04 through 21.70 of this title shall hereafter be known as the Zoning Ordinance for the City of Cheney.

(Ord. No. N-90, § 1(part), 1986; Ord. No. U-97, § 10, 1-27-2009)

The interpretation and application of the provisions of this title shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare, to protect the public. No use listed in this title shall be construed to include other uses, unless the phrasing herein contained clearly indicates such interpretation.

(Ord. No. N-90, § 1(part), 1986)

The purpose of this title is to provide for a comprehensive plan of land use, including essential, secondary and accessory uses; to provide for standards and other regulations as the condition to granting of permits for such uses, and to provide for the administration and enforcement thereof.

(Ord. No. N-90, § 1(part), 1986)

This zoning ordinance is enacted under Article 11, Section 11 of the State Constitution and RCW 35A.63.105 as such it shall be entitled to recognition by all administrative bodies of the city, the State of Washington, political subdivisions, and by courts of law. Copies of the zoning ordinance shall be received pursuant to ER 902.

(Ord. No. W-22, § 11, 4-22-2014)

The location, size, shape, area and boundaries of the zones (districts) to which the provisions of the text of this title is applicable shall be as indicated on the map which is entitled, "Zoning Map of the City of Cheney," and such map, after it has been adopted by the city council, signed by the mayor and city clerk, and together with the text of this title filed with the County of Spokane, and mounted in a conspicuous place in the city hall, shall be a part of this title.

(Ord. No. N-90, § 1(part), 1986)

Wherever any provision of this zoning ordinance imposes a restriction on the use of land greater than is provided by another ordinance, then this ordinance shall prevail.

(Ord. No. W-22, § 12, 4-22-2014)

All land shall be classified with a zoning classification, as fixed by the land use designation assigned to the tract immediately upon annexation, and shall be so designated on the city's official zoning map after approval of the city council.

(Ord. No. R-40, § 2, 1998; Ord. No. N-90, § 1(part), 1986)

To accomplish the above purposes, this zoning ordinance includes both a map, by which the City of Cheney is divided into various zones, and a text, by which the uses, development standards, and other regulations for each zoning district are set forth. Said map and text are hereby found to provide proper zoning for the city and to meet all criteria of this zoning ordinance. The location and boundaries of all zoning districts designated in this title are as shown on the map entitled Zoning Map of the City of Cheney, dated with the effective date, and signed by the mayor and the clerk of the city, and as amended, is hereinafter referred to as the zoning map.

(Ord. No. W-22, § 13, 4-22-2014)

The original signed copy of the zoning map containing the zoning districts designated at the time of adoption of the ordinance from which this section derives shall be filed in the office of the city clerk pursuant to RCW 35A.63.100 and a duplicate shall be filed in the office of the planning department to keep the maps up to date at all times. Copies of all zoning maps, as amended shall contain the effective date of the document adopting the map and/or amendment. The supporting documents shall be maintained in the community development department.

(Ord. No. W-22, § 14, 4-22-2014)

Planning official authority. In the event the strict application of a development standard or procedural requirement of this title would result in unforeseen consequences or an excessive burden given the nature of the proposed development, the planning official is authorized to make a minor adjustment (up to ten percent) in said standard or procedure.

(Ord. No. Y-21, § 4, 10-11-2022)

Infill development. Residential infill development often faces unique development challenges on older parcels located within the R-2, R-3 and R-3H zones. The planning official is authorized to allow for horizontal dimensional lot standard adjustments (up to 25 percent) in said standard or procedure.

(Ord. No. Y-63, § 1, 5-28-2024)

General rules for drawing boundaries. Zoning district boundary lines are intended to follow lot lines or be parallel or perpendicular thereto, or along the centerline of alleys, streets, rights-of-way or watercourses, unless such boundary lines are fixed by dimensions shown on the zoning map.

When rights-of-way are vacated. When zoning districts are separated by a public street, alley or other public way, the boundary between the districts shall be construed as being the centerline of the right-of-way. Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall extend to the center of the former street, alley or public way, subject to RCW Chapter 35.79.

(Ord. No. W-22, § 15, 4-22-2014; Ord. No. N-90, § 1(part), 1986)

Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions per RCW 36.70A.370.

(Ord. No. X-31, § 1, 7-10-2018)

Amendments may be proposed by the city council, planning commission, by an applicant or city staff pursuant to Chapter 23.020 CMC, Decision Making Procedures. A correct copy of each amendment to the text or to the map established by this title shall be maintained on file in the offices of the city clerk and the community development department.

(Ord. No. W-22, § 16, 4-22-2014)

It is unlawful for any person to build, erect, construct, alter, rebuild, renovate, enlarge, expand, activate, operate or maintain any building, structure or use within the City of Cheney in violation of the provisions of title 21 of the Cheney Municipal Code. Unless otherwise provided in this title, any person so violating the provision of this title shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 90 days, or by both such fine and such imprisonment.

(Ord. No. N-90, § 1(part), 1986; Ord. No. S-10, § 1, 2000)

Any person who violates any provision of title 21 of the Cheney Municipal Code, other than those offenses listed in section 21.04.060, shall be found to have committed a class two civil infraction and be assessed a monetary penalty in accordance with chapter 7.80 of the Revised Code of Washington.

(Ord. No. S-10, § 2, 2000)

Each day that a violation is continued shall be considered as a separate violation.

(Ord. No. S-10, § 3, 2000)

The city may also bring an action in law or equity, including but not limited to action of injunctive relief. Further, the city may pursue such other remedy or remedial action as may be allowed by state law. The city may exercise the remedies under the ordinance or state law concurrently or sequentially against any person violating the title.

(Ord. No. S-10, § 4, 2000)

If any section, subsection, sentence, clause, or phrase of this zoning ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this zoning ordinance. The city council of the City of Cheney hereby declares that should any section, paragraph, sentence, or word of this zoning ordinance be declared for any reason to be void or unconstitutional, on its face or as applied, it is hereby provided that all other parts of the same which are not expressly held to be void or unconstitutional shall continue in full force and effect.

(Ord. No. W-22, § 17, 4-22-2014)