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Covington City Zoning Code

18.10 Authority

Purpose, Interpretation and Administration

18.10.010 Title.

This title shall be known as the City of Covington zoning code, hereinafter referred to as “this title.” (Ord. 42-02 § 2 (21A.02.010))

18.10.020 Purpose.

The general purposes of this title are to:

(1) Encourage land use decision making in accordance with the public interest and applicable laws of City of Covington and the State of Washington;

(2) Protect the general public health, safety, and welfare;

(3) Implement the City of Covington comprehensive plan’s policies and objectives and community vision statement through land use regulations;

(4) Provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

(5) Provide for adequate public facilities and services in conjunction with development; and

(6) Promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. (Ord. 42-02 § 2 (21A.02.030))

18.10.030 Conformity with this title required.

(1) No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.

(2) Creation of or changes to lot lines shall conform to the use provisions, dimensional and other standards, and procedures of this title and CMC Title 17, Subdivisions.

(3) All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title as well as any other applicable local, State or Federal law. Where a difference exists between this title and other County regulations, the more restrictive requirements shall apply.

(4) Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply.

(5) Temporary uses or activities, conducted during an emergency event, or training exercises conducted at emergency sites, designated pursuant to an emergency management plan, shall not be subject to the provisions of this title. (Ord. 42-02 § 2 (21A.02.040))

18.10.040 Minimum requirements.

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. (Ord. 42-02 § 2 (21A.02.050))

18.10.050 Interpretation – General.

(1) In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.

(2) A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise.

(3) In case of any ambiguity, difference of meaning, or implication between the text and any heading, caption, or illustration, the text and the permitted use tables in Chapter 18.25 CMC shall control, except for uses within the downtown zoning area, where Chapter 18.31 CMC shall control and uses within shoreline jurisdiction, where Chapter 16.05 CMC shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.

(4) Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this title, all words and terms used in this title shall have their customary meanings. (Ord. 09-19 § 7; Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.02.060))

18.10.060 Interpretation – Standard industrial classification.

(1) All references to the Standard Industrial Classification (SIC) are to the titles and descriptions found in the Standard Industrial Classification Manual, 1987 Edition, as amended, prepared by United States Office of Management and Budget which is hereby adopted by reference. The SIC is used, with modifications to suit the purposes of this title, to list and define land uses authorized to be located in the various zones consistent with the comprehensive plan land use map.

(2) The permitted use table and use determination process in CMC 18.31.080 shall apply to the downtown zone. The Director shall consider the direction in this chapter, but is not bound by this section or the SIC in making a use determination for proposals on properties in the downtown zone.

(3) The SIC categorizes each land use under a general two-digit major group number, or under a more specific three- or four-digit industry group or industry number. A use shown on a land use table with a two-digit number includes all uses listed in the SIC for that major group. A use shown with a three-digit or four-digit number includes only the uses listed in the SIC for that industry group or industry.

(4) An asterisk (*) in the SIC number column of a land use table means that the SIC definition for the specific land use identified has been modified by this title. The definition may include one or more SIC subclassification numbers, or may define the use without reference to the SIC.

(5) The Director shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The Director’s determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and the zone’s purpose as set forth in Chapter 18.15 CMC, by considering the following factors:

(a) The physical characteristics of the use and its supporting structures, including but not limited to scale, traffic and other impacts, and hours of operation;

(b) Whether or not the use complements or is compatible with other uses permitted in the zone; and

(c) The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use. (Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.02.070))

18.10.070 Interpretation – Zoning maps.

Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:

(1) Where boundaries are indicated as paralleling the approximate center line of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Nonroad-related uses by adjacent property owners, if allowed in the right-of-way, shall meet the same zoning requirements regulating the property owners lot;

(2) Where boundaries are indicated as approximately following lot lines, the actual lot lines shall be considered the boundaries;

(3) Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and

(4) If none of the rules of interpretation described in subsections (1) through (3) of this section apply, then the zoning boundary shall be determined by map scaling. (Ord. 42-02 § 2 (21A.02.080))

18.10.080 Administration and review authority.

(1) The Hearing Examiner shall have authority to hold public hearings and make decisions and recommendations on subdivisions and other development proposals, and appeals, as set forth in Chapters 2.25, 14.30, 14.35, 14.40, and 14.45 CMC.

(2) The Director shall have the authority to grant, condition or deny applications for reasonable use permits, short plat applications, boundary line adjustments, and commercial site development permits, unless a public hearing is required as set forth in Chapter 14.30 CMC, in which case this authority shall be exercised by the Hearing Examiner.

(3) The Department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures set forth in Chapter 14.30 CMC.

(4) Except for other agencies with authority to implement specific provisions of this title, the Department shall have the sole authority to issue official interpretations of this title. (Ord. 11-17 § 1; Ord. 10-10 § 3 (Exh. C); Ord. 01-09 § 18; Ord. 42-02 § 2 (21A.02.090))

18.10.090 Classification of right-of-way.

(1) Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this title, land contained in rights-of-way for streets or alleys, or railroads shall be considered unclassified.

(2) Within street or alley rights-of-way, uses shall be limited to street purposes as defined by law.

(3) Within railroad rights-of-way, allowed uses shall be limited to tracks, signals or other operating devices, movement of rolling stock, utility lines and equipment, and facilities accessory to and used directly for the delivery and distribution of services to abutting property.

(4) Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged. (Ord. 42-02 § 2 (21A.02.110))