Everson City Zoning Code
CHAPTER 19
11 ADMINISTRATION AND ENFORCEMENT
§ 19.11.010 Conditional uses – Jurisdiction.
The City Council shall have and exercise original jurisdiction in receiving, granting or denying all requests for conditional use, upon application, after public hearing, and upon findings by the City Council that the conditions of the Everson Zoning Code upon which the conditional use is permitted have been fulfilled as well as the fulfillment of all other ordinances with which compliance is required.
(Ord. 282 § 3, 1983)
§ 19.11.020 Variances – Jurisdiction.
The City Council shall have the power in passing upon requests for special exceptions to grant variances in harmony with the general purpose and intent of the provisions of the Everson Zoning Code, and such variances may vary from any rules, regulations, or provisions relating to the use of land or structures and any construction, structural or equipment changes, or alteration of structures, so that the spirit of the Everson Zoning Code will be observed, public safety secured, and substantial justice done.
(Ord. 282 § 3, 1983)
§ 19.11.030 Zoning amendments.
The City recognizes that there will be changes in conditions and policies within the City of Everson that will from time to time justify changes in the Official Zoning Map of the City of Everson or in the text of the Everson Zoning Code. The City Council may, upon its own motion or upon the application of any person or persons submitting a rezoning text amendment proposal, initiate and enact a rezone or text amendment.
(Ord. 282 § 3, 1983)
§ 19.11.040 Conditional use, variance or zoning amendment – Application – Procedure.
Requests for a conditional use, variance or zoning amendment shall be initiated by application therefor submitted to the City Clerk on such form or forms as the City may from time to time require and shall be accompanied by a completed SEPA checklist and by the fee scheduled in the City's current master fee schedule adopted by resolution of the City Council for each variance, conditional use or zoning amendment requested. Applications for a conditional use, a variance, or a site-specific change in zone district classification or boundaries shall be processed as Class III actions pursuant to the provisions of Chapter 16.01 EMC. Applications for zoning ordinance text amendments shall be processed pursuant to the provisions of EMC § 16.01.170.
The City Council shall review the application at the public hearing in accordance with the criteria contained in this chapter.
(Ord. 282 § 3, 1983; Ord. 501 § 53, 1996; Ord. 842 § 2, 2023)
§ 19.11.050 Conditional use – Findings required.
Before approving applications for a conditional use permit, the City Council shall ensure that any specific standards of the use district defining the conditional use are fulfilled, and shall find adequate evidence showing that the proposed conditional use at the proposed location:
A.
Is an enumerated conditional use in the zone in which the property is located.
B.
Will not, with appropriate conditions imposed, have significant adverse effects on the environment or on other uses or will mitigate, to the greatest extent practical, all significant adverse effects on the environment, as the same or identified in an environmental impact statement.
C.
Will, with appropriate conditions imposed, be compatible with the existing use, designs and appearance of the properties in its vicinity.
D.
Will not, with appropriate conditions imposed, be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
(Ord. 282 § 3, 1983)
§ 19.11.060 Variances – Findings required.
The City Council shall not vary any of the rules, regulations, or provisions of the Everson Zoning Code unless it shall find that all of the following conditions exist in each case of a request for a variance:
A.
The variance is consistent with the spirit and intent of the Everson Zoning Code; and
B.
The variance, either as applied for or with appropriate conditions imposed, will not have significant adverse effects on the environment or on other uses, or the variance as applied for or with appropriate conditions imposed will mitigate to the greatest extent practicable all significant adverse effects on the environment as identified in an environmental impact statement; and
C.
The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone on which the subject property is situated; and
D.
The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is situated; and
E.
The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
F.
The denial of the variance would result in unnecessary and undue hardship to the applicant; and
G.
Such a variance would be properly granted to any applicant upon an identical sharing of the special circumstances relating to the subject property and the property or improvements in the vicinity in which the subject property is situated.
(Ord. 282 § 3, 1983)
§ 19.11.070 Zoning amendment – Findings required.
Before approving applications for zoning amendment, the City Council shall ensure and find the following:
A.
The amendment(s) will not have significant adverse effects on the environment or on other uses, or the amendment(s) with appropriate modifications will mitigate to the greatest extent possible all significant adverse effects on the environment as identified in an environmental impact statement; and
B.
The amendment(s) will be necessary or appropriate to effectuate the goals and objectives of the Comprehensive Plan of the City of Everson; and
C.
The amendment(s) will not designate an area for a use which:
1.
Differs completely from that of the surrounding land; and
2.
Is inconsistent with that of the surrounding land; and
3.
Is inconsistent with the comprehensive plan; and
4.
Is of benefit to a particular interest only; and
5.
Is not of benefit to the community as a whole; and
D.
The amendment(s) will not be materially detrimental to the public welfare.
(Ord. 282 § 3, 1983)
§ 19.11.080 Conditional use, variance or zone amendment – Written findings – Permit.
The Council shall evidence its decision reached at the hearing by written findings of fact and conclusions or reasons based on the findings. If a conditional use or variance is granted, a written permit signed by the Mayor and containing on its face any conditions imposed in addition to the specific regulations of the Everson Zoning Code shall be issued to the applicant.
(Ord. 282 § 3, 1983)
§ 19.11.090 Conditional use or variance – Expiration.
A conditional use or variance shall expire 12 months from the date of the grant of the permit. If the use authorized by a conditional use or variance has not been established by the time of the expiration of the permit, the applicant may apply for an extension of the same for a like period of 12 months upon application and public hearing therefor in the manner provided in EMC § 19.11.040.
(Ord. 282 § 3, 1983)
§ 19.11.100 Conditional use or variance –Judicial review.
Repealed by Ord. 501.
(Ord. 282 § 3, 1983; Ord. 501 § 54, 1996)
§ 19.11.120 Equitable actions authorized.
In addition to the criminal remedies prescribed by this chapter, the City may restrain, enjoin, prevent or remedy any violation of the Everson Zoning Code by equitable and/or legal action.
(Ord. 282 § 3, 1983)
§ 19.11.130 Enforcement.
A.
Violations.
1.
It is a violation of this title for any person, firm, or corporation to commit, initiate, assist in, participate in or maintain the use of any structure, land or property within the City without first obtaining the permits and authorizations required for the use by this title, or in violation of any section or subsection of this title.
2.
It is a violation of this title for any person, firm or corporation to use, construct, maintain, locate or demolish any structure, land or property within the City in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
3.
It is a violation of this title for any person, firm or corporation to remove or deface any sign, notice, complaint or order required to be posted in accordance with this title.
4.
It is a violation of this title for any person, firm or corporation to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
5.
It is a violation of this title for any person, firm or corporation to fail to comply with the requirements of this title.
B.
Code Enforcement Officer. The Mayor, and any other City employee designated by the Mayor, shall be the Code Enforcement Officer responsible for enforcing the provisions of this title. The Code Enforcement Officer shall investigate any property which the Mayor reasonably believes does not comply with the standards and requirements of this title. The Code Enforcement Officer will initiate the necessary enforcement action which may include, but is not limited to, the issuing of notices of violation, citations or referral of charges to the City Attorney's office for other legal actions.
C.
Provisions for Resolving a Violation.
1.
Property Owner Notification. Upon determining that a violation of this title has occurred, the Code Enforcement Officer shall contact the property owner and may contact any other person, firm or corporation who commits, initiates, assists in, participates in or maintains such violation.
2.
Violation Resolution Provisions. In order to resolve a violation, the Code Enforcement Officer may use one or more of the provisions described below. The issuance of a cease and desist order, administrative order, civil penalty fine, criminal penalty or other enforcement proceeding may be issued subsequent to or concurrent with the issuance of a notice of violation.
a.
Notice of Violation. A notice of violation may be issued by the Code Enforcement Officer in the same manner and procedure as set forth in EMC § 8.08.100(B)(1) through (6), (C), and (D) and 8.08.110, all of which are incorporated herein as if fully set forth herein. In addition to the requirements of a notice of violation set forth above, the notice shall:
i.
Identify the parties subject to the violation notice;
ii.
Describe the violation and the date(s) on which the violation was observed;
iii.
Indicate that the decision is appealable and identify the appeal process.
b.
Cease and Desist Order. The Code Enforcement Officer is hereby authorized to issue a cease and desist order to any person, firm or corporation that commits, initiates, assists in, participates in or maintains a violation of this title. The recipient shall cease and desist the specified violation within the time limit specified in such order. Such cease and desist order shall include the information identified in subsection (C)(1) of this section.
c.
Administrative Order. The Code Enforcement Officer is hereby authorized to issue an administrative order to any person, firm or corporation that commits, initiates, assists in, participates in or maintains a violation of this title. Such administrative orders shall include the information identified in subsection (C)(1) of this section. In addition, such administrative orders shall specify the required actions by the recipient in order to bring a use, land, property or structure in violation of this title into lawful compliance. The recipient shall comply with required actions within the time limit specified in such order.
d.
Civil Penalty Fine. The Code Enforcement Officer is hereby authorized to issue a civil penalty fine in a manner consistent with and in the amounts consistent with EMC § 8.08.100(B)(4) and § 8.08.110. Any person, firm or corporation that commits, initiates, assists in, participates in, or maintains such violation may each be charged with a separate violation and suffer the penalties provided above. The civil penalty constitutes a personal obligation of the offender. The debt shall be collectible in the same manner as any other civil debt owing to the City. The City shall be entitled to recover its attorneys' fees and costs if litigation is necessary to collect the civil penalty. Payment of any monetary penalty in accordance with this chapter shall not relieve any person of the duty to bring a use, land, property, or structure in violation of this title into lawful compliance.
e.
Criminal Penalty. Any person, firm or corporation violating or failing to comply with any of the provisions of this title and who has had a civil penalty entered against him pursuant to subsection (B)(4) of this section within the past five years shall be guilty of a misdemeanor and subject to a monetary penalty and fine in an amount not to exceed $1,000 and up to 90 days in jail for each such violation. Each day such violation continues shall be considered a separate offense. Any person, firm or corporation that commits, initiates, assists in, participates in, or maintains such violation may each be charged with a separate misdemeanor and suffer the penalties provided above. Each day any such violation set forth in this subsection continues shall be considered a separate offense.
f.
Other Proceedings. For any violation of this title, the City, in addition to other remedies, may institute appropriate action, including a petition for injunctive relief, or proceedings to: prevent a violation; correct or abate a violation; prevent the occupancy of a building, structure or land found in violation; or prevent any illegal act, conduct, business or use in or about any building, structure or land found in violation. Nothing herein contained shall prevent the City from taking other lawful action as is necessary to prevent or remedy any violation.
g.
Combined Enforcement Provisions. For violations that are an immediate threat to the public health, safety, morals or general welfare, or are repeat violations, or require immediate action to prevent an increase in the severity of the violation, the required notice may be combined with an enforcement order, a penalty or other enforcement provisions described in this section.
h.
Emergency Enforcement. Whenever the Code Enforcement Officer finds a violation of this title and that an emergency condition results therefrom or it reasonably appears to cause or constitute an imminent or immediate danger to the health and safety of the public, and the responsible person cannot be contacted or refuses to immediately abate the same, the Code Enforcement Officer shall have authority to summarily and without notice abate the same. Notice of the abatement action shall be given to the responsible party as soon thereafter as possible and the City shall be entitled to recover the abatement costs as provided in this chapter.
3.
Appeals. Appeals of administrative decisions subject to the provisions of this chapter shall comply with the procedure described in EMC § 16.01.160. Administrative decisions subject to the provisions of this chapter include, but are not limited to, a notice of violation, cease and desist order, administrative order, and civil penalty fine.
(Ord. 756 § 4, 2015)
