Hoquiam City Zoning Code
10.01 General
Provisions
10.01.010 Title.
This code shall be known and shall be cited as the “City of Hoquiam Land Development Code” and may be referenced as the “code.” (Ord. 04-07 § 1, 2004; Ord. 00-09 § 2, 2000).
10.01.020 Purpose.
The purpose of this code is to promote and protect the public health, safety and welfare and implement the comprehensive plan; provide adequate light, air and access; enhance safety from fire and other dangers; facilitate adequate provision for transportation, water, sewerage, renewable energy, schools, parks and other public services; avoid excessive concentration of population; organize the application, review and approval steps for land development in a clear and efficient manner; and generally to strike an appropriate balance between maximum flexibility in the use of land and the need for high-quality development for overall community good. (Ord. 10-25 § 1, 2010; Ord. 00-09 § 2, 2000).
10.01.030 Enactment.
The city council of the city of Hoquiam does ordain as follows:
This code, establishing land use and development regulations for the city of Hoquiam, in accordance with the provisions of Chapters 35A.63, 36.70A, and 36.70B RCW, is pursuant to the recommendation of the Hoquiam planning commission. As such, the regulations set forth in the city of Hoquiam land development code shall apply to all land within the existing and future corporate boundaries of the city of Hoquiam. (Ord. 00-09 § 2, 2000).
10.01.040 General interpretation and application.
In their interpretation and application, the provisions of this code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever the requirements of any lawfully adopted rules, regulations, ordinances, deed restrictions, and covenants conflict, the most restrictive or that imposing the higher standards shall prevail. (Ord. 00-09 § 2, 2000).
10.01.050 Administrative interpretation.
The city administrator or designated representative shall interpret the meaning or application of the provisions of this code upon request or as determined necessary. Any requests for a written administrative interpretation shall be provided by the city administrator within thirty days. All requests for written administrative interpretations shall be in writing and concisely identify the issue and requested information. (Ord. 00-09 § 2, 2000).
10.01.060 Development agreement.
Nothing in the provisions of this code prohibit the city of Hoquiam from entering into a development agreement with a person having ownership or control of real property subject to RCW 36.70B.170, 36.70B.180, 36.70B.190, 36.70B.200 and 82.02.020. (Ord. 00-09 § 2, 2000).
10.01.070 Annexation.
Any uses contained within the boundaries of an annexation must comply with the city of Hoquiam land development code. In order to not cause undue economic hardship on uses that existed prior to an annexation, they may continue under the provisions in HMC 10.01.090. (Ord. 00-09 § 2, 2000).
10.01.080 Use or sale of land or buildings.
No person may use, occupy, or sell any land or buildings, or authorize or permit the use, occupancy or sale of land or buildings under their control, unless in accordance with all of the applicable provisions of the code; except as provided in HMC 10.01.090. (Ord. 04-07 § 2, 2004; Ord. 00-09 § 2, 2000).
10.01.090 Provisions not to abrogate easements, covenants or other restrictions.
No provisions of this code shall abrogate any easements, covenants, or other restrictions of record imposed on properties in the city. (Ord. 00-09 § 2, 2000).
10.01.100 Nonconforming uses, structures, and lots of record.
(1) Uses, structures and lots legally established prior to the adoption of the ordinance codified in this title may not conform to all of the requirements of this code.
(2) In order not to cause undue economic hardship to owners of property, nonconforming uses and structures are allowed to continue under the following conditions:
(a) An existing nonconforming structure and accessory building can be enlarged or altered, provided the improvements meet minimum setback and lot coverage requirements for the current zone. An existing nonconforming structure and accessory building can be repaired, but not enlarged or altered, even if the repairs do not meet minimum setback and lot coverage requirements for the current zone.
(b) An existing nonconforming structure that is destroyed by fire or calamity more than fifty percent of its replacement value, as determined by the building official, may be reconstructed to its original size, shape, configuration, and in conformance with the building code; provided, that reconstruction commences within two years of the damage.
(3) If a nonconforming use, with the exception of qualified historic structures, is discontinued or unoccupied for four years or more, then that nonconforming use is no longer legal and subsequent uses and structures shall conform to this code.
(4) Any nonconforming use, excepting qualified historic structures, which use has been discontinued shall be replaced only by a use which conforms to the regulations of the district in which it is located.
(5) A dwelling unit, with customary accessory buildings, may be erected on a single nonconforming lot of record which is a lot smaller in area or narrower in width than one permitted by this code under the following conditions:
(a) The dwelling unit shall comply with all setbacks, height, and lot coverage requirements.
(b) The lot must have frontage of at least fifteen feet to an improved public street.
(6) If two or more lots, combinations of lots, or portions of lots, with continuous frontage of fifty feet or less and of single ownership, are of record at the time of passage of the code, and if all or part of the lots do not meet the requirements of this code, the lot or combination of lots shall be considered an undivided parcel. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by the code, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in the code. In the event that two or more lots are combined for a development project the applicant must submit a legal description of lot consolidation affidavit with the development permit to the city. (Ord. 17-11 § 1, 2017; Ord. 10-25 § 2, 2010; Ord. 04-07 § 3, 2004; Ord. 00-09 § 2, 2000).
10.01.110 Fees.
(1) Reasonable fees sufficient to cover the costs of administration, inspection, and publication of notice may be charged to applicants for building permits, conditional use permits, zoning variances, subdivision permits, short plats, shoreline permits, SEPA determinations, administrative appeals, and amendment requests to the city of Hoquiam land development code.
(2) Fees established in accordance with subsection (1) of this section shall be as determined by the city council by resolution. Said fee schedule shall be on file at the office of the finance director.
(3) Fees shall be paid upon submission of a signed application or notice of appeal. (Ord. 07-11 § 6, 2007; Ord. 00-09 § 2, 2000).
10.01.120 Liability.
The granting or approval of any structure or use shall not constitute a representation, guaranty, or warranty of any kind by the city on the practicality or safety of any structure or use and shall create no liability upon or cause any action against such public body, official or employee for any damage that may result there from. (Ord. 00-09 § 2, 2000).
10.01.130 Severability.
Should any section, provisions, clause or portion of the code be declared by the courts to be invalid, the same shall not affect the validity of the code as a whole, or any part thereof, other than the part so declared to be invalid. (Ord. 00-09 § 2, 2000).