A.

The general purpose of this title is to promote and protect the public health, safety and welfare through a well-considered comprehensive program for the regulation of use of land. It classifies land within the city into various districts, each with appropriate district designations, and within each district, this title limits the use of land and the height, size, use and locations of structures and requires space for off-street parking in some areas.

B.

This title is intended to help implement the comprehensive plan; to provide adequate light, air and access, to enhance safety from fire and other dangers; to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public services; to avoid excessive concentration of population, 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. 523 § 1 (part) Exh. A 1.010, 1998)

The production of marijuana, processing of marijuana, and retailing of marijuana, as those terms are used and defined in Chapter 69.50 RCW is prohibited within the jurisdiction of the city of Morton.

(Ord. No. 2017-03, § 2, 5-22-17)

To the ends stated in Section 17.04.010 above, this title is composed of two parts. The first is the text, the second is the map designated as the city of Morton zoning districts map. This title implements the city of Morton comprehensive plan. Copies of the plan, zoning map, and ordinance may be found on file in the office of the city of Morton city clerk-treasurer.

(Ord. 523 § 1 (part) Exh. A 1.020, 1998)

(Ord. No. 05-6, § 3 (1.020), 12-27-05)

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of 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. 523 § 1 (part) Exh. A 1.030, 1998)

Applications shall be on forms as proscribed and approved by the city and be available at City Hall upon request.

(Ord. 523 § 1 (part) Exh. A 1.040, 1998)

This section applies to any land use permit, including conditional use permit, secondary use approval, variance, or critical area review required by this title. Specific requirements for each permit, and criteria for granting, are listed in Chapter 17.60.

A.

Completeness Determination. Within twenty-eight (28) days after receiving a permit application, the city will provide an applicant under this title with written notification that either the application is complete or that the application is incomplete and what is necessary to make the application complete. The city may request additional information or studies to determine completeness. Within fourteen (14) days after an applicant has submitted additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary.

B.

Notice of Application. A written notice of application shall be provided within fourteen (14) days after the determination of completeness as provided in RCW subsection A of this section, and include the following information:

1.

The date of application, the date of the notice of completion for the application, and the date of the notice of application;

2.

A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested;

3.

The identification of other permits not included in the application to the extent known;

4.

The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed;

5.

A statement of the public comment period, which shall be not less than fourteen (14) nor more than thirty (30) days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. The city may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;

6.

The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;

7.

A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency; and

8.

Any other information determined appropriate by the local government. The city may combine its notice of application with a SEPA threshold determination notice or scoping notice.

C.

Notification Methods. The city will provide reasonable notice to the applicant and affected property owners of projects requiring application review under this section. These notifications shall include the following:

1.

For site-specific permits or zoning changes, by posting not less than three copies of a notice of application on or near the subject property;

2.

Publishing the notice, including the project location, description, type of permit(s) required, comment period dates, and location where the application may be reviewed, in the newspaper record;

3.

Additional special notification deemed necessary by the city clerk to groups or through regional advertising;

4.

Mailing to neighboring property owners whose property abuts, touches, or adjoins, or is directly across a street or an alley from the property involved, using for this purpose the names and addresses of owners as shown upon the records of the county assessor's office. Failure to send notice to a person shall not invalidate any proceedings in connection with the application.

D.

Notice of Decision. The city shall provide a notice of decision within ten (10) days after city council approval, that also includes a statement of any SEPA threshold determination made and procedures for administrative appeal, if any, to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of its decision shall be provided as in subsection C of this section and shall also state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The city shall provide notice of decision to the Lewis County assessor's office of the county or counties in which the property is situated.

E.

Consolidated Permit Review. If two or more project permits are required for a proposed project action under this title, the applicant may elect a consolidated permit review process, whereby the determination of completeness, notice of application, and notice of final decision shall include all project permits being reviewed through the consolidated permit review process.

(Ord. 523 § 1 (part) Exh. A § 1.050, 1998)

(Ord. No. 05-6, § 3 (1.060), 12-27-05)

Each application shall be reviewed according to the standards within this title. Applications requiring a change of this title shall be reviewed for consistency with the city comprehensive plan.

(Ord. 523 § 1 (part) Exh. A § 1.060, 1998)

A.

Application fees as set by this title may be amended by the city council after public hearing based upon a finding that the estimated time and expense for processing by city staff and or necessary consultants requires additional compensation for city services.

B.

The following base fees shall be paid upon the filing of an application and such fees shall not be refundable for any reason. Until all application fees have been paid in full, no action shall be taken on the application.

For large projects and for projects requiring third party or consultant review, additional per-hour project review fees may be negotiated between the applicant and the city. Note that subdivision fees are listed separately in the city's subdivision ordinance.

(Ord. 523 § 1 (part) Exh. A § 1.070, 1998)

(Ord. No. 05-6, § 3 (1.080), 12-27-05)

Any use or activity that is not consistent with this title or any amendment thereto or failure to comply with any of its requirements shall constitute a misdemeanor and such violation shall be punished as provided by the statutes of the state of Washington for the commission of a misdemeanor. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect builder contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing here contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 523 § 1 (part) Exh. A § 1.080, 1998)

Any affected citizen may appeal to the city council from any orders, recommendations, permits, decisions, rulings or determinations made by city officials in the administration or enforcement of provisions of the uniform building code or the city development regulations or any ordinance adopted pursuant thereto, which are adverse to his or her interest, by filing with the city clerk, within ten days from such ruling or date of action, a written notice of appeal. Thereupon the city clerk, shall forthwith transmit to the city council all papers constituting a record upon which the action appealed from was taken; in addition thereto, the council may, at its hearing, receive such additional evidence as it deems relevant. Upon hearing, the council shall have the power to overrule or alter the ruling of any city official, or to refer any matter back to the city official for study or reconsideration. The action of the city council shall be final and binding unless appealed pursuant to the provisions of RCW 35A.63.110.

(Ord. 523 § 1 (part) Exh. A § 1.090, 1998)

Notwithstanding the limitations of use as established by this title in each of the several districts, the planning commission may authorize temporary uses, which because of their unique character and temporary nature, are deemed to be suitable and proper temporary uses of land or structure, as a condition of issuance, the planning commission may attach any conditions it deems necessary for the protection and preservation of the property rights and values of adjacent properties. Such authorization shall be issued for a specific period of time not to exceed one year. Authorization may be reviewable after reapplication on review by the planning commission at least sixty (60) days prior to expirations, provided that such renewals shall not be granted to establish a de facto permanent use in lieu of a rezoning process. Such authorization shall be granted for structures or uses which are of a temporary nature such as:

A.

Storage of equipment during the building of roads, developments or logging operations;

B.

Real estate office used for the sale of lots or housing in a subdivision;

C.

Contractors job sheds used in conjunction with the building of a structure, road, etc.;

D.

Other similar uses when approved by the planning commission.

Temporary uses will not be approved if the city determines that the use will cause excessive noise, glare, dust, or odor, or otherwise adversely affect the health and safety of neighbors. Temporary uses must comply with all setbacks and buffers under the critical areas regulations under Section 17.32.040 of this title.

(Ord. 523 § 1 (part) Exh. A § 1.105, 1998)

(Ord. No. 05-6, § 3 (1.115), 12-27-05)

The granting or approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city or any official or employee thereof on the practicality or safety of any structure or use proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result therefrom.

(Ord. 523 § 1 (part) Exh. A § 1.110, 1998)

Any person convicted of a misdemeanor under this title shall be punished by a fine of not more that one thousand dollars ($1,000.00).

(Ord. 523 § 1 (part) Exh. A § 1.100, 1998)

Short-term or vacation rental means the rental of a dwelling, a portion thereof, or an accessory dwelling unit used for the purpose of providing lodging for periods of less than thirty (30) days.

(Ord. No. 2021-05, § 2, 6-28-2021)