Tonasket City Zoning Code
CHAPTER 17
115 ADMINISTRATION, ENFORCEMENT AND INTERPRETATION
§ 17.115.010 Enforcement.
An administrative official appointed by the mayor with the consent of the city council shall have the power and duty to enforce the provisions of this title. He shall approve no plans and shall issue no permits for the construction, alteration, or repair of any structure or part thereof unless plans and intended use of such structure conform in all respects with the provisions of this title.
(Ord. 778 § 2 (Exh. A), 2017)
§ 17.115.020 Authorization to issue permits.
No city official or employee shall issue a permit for a conditional use or a variance, or give authorization for any use that would not be in full compliance with this title. Any permit or other authorization in violation of this title shall be void without the necessity of any proceedings for revocation or nullification, and any work pursuant to any such permit or other authorization is unlawful and no action taken by any elected or appointed official of the city shall validate any such work, permit, or other authorization.
(Ord. 778 § 2 (Exh. A), 2017)
§ 17.115.025 Administrative permits.
An administrative permit (AP) is a means of allowing certain uses that require some review in order to ensure that the uses are consistent and compatible with other existing and permitted uses within the zone and do not create undue demands on public facilities, and to prevent and abate public nuisances.
A.
Intent. It is the intent of this section to detail the procedures required and the responsibilities of the administrator, and the city council upon appeal, in the processing, consideration, and issuance of administrative permits whenever such permits are applied for pursuant to provisions of this title. Only those uses listed as requiring an administrative permit within a particular zone qualify for this process, except as otherwise provided in Chapter 19.05 TMC. The administrator may determine that other similar uses, which are not listed, may qualify for this process. This process is not to replace the variance procedure or to permit uses that are prohibited within the zone.
B.
Authority. The administrator shall have the authority, subject to provisions of this section (and specifically subsection (C)(4) of this section), to grant, upon such conditions as may be determined necessary in order to realize the intent of this title, an administrative permit for a use found to be in harmony with the scope and purpose of this title, the intent of the zoning district in which the use is to be located, and the goals, objectives, and policies of the Tonasket comprehensive plan and in accordance with subsection (C)(4) of this section.
C.
Process.
1.
Applications for administrative permits shall be filed with the administrator on forms provided by the administrator with all information as required in said form together with a completed SEPA environmental checklist, where required, and with payment of all applicable fees. The administrator shall determine if the application is complete, and if not complete shall return the same to the applicant with additional required information noted.
2.
The administrator shall review all administrative permit requests. Upon receipt of a complete application the administrator shall within 15 business days complete a SEPA determination and issue an initial decision to grant or deny the permit. Each decision to grant or deny an administrative permit shall be supported by written findings of fact showing specifically wherein all of the following conditions exist:
a.
That the use for which the administrative permit is requested is specified by this title as being administratively permitted within the zoning district in which the property is located, or that said use is not listed in the district use chart in TMC § 17.70.020 and is similar to a use that is specified by this title as being administratively permitted within the zoning district in which the property is located;
b.
That the use for which the administrative permit is requested is consistent with the description and purpose of the zoning district in which the property is located;
c.
That said use complies with all requirements of this title;
d.
That the site for which the use is proposed is of sufficient size to accommodate the proposed use and that all yards, open spaces, walls and fences, parking, loading, landscaping and other such features as are required by this title, or as are needed in the opinion of the administrator to ensure that the proposed use will be compatible and harmonious with adjacent and nearby uses, will be properly provided.
3.
The administrator's initial determination, along with any permit conditions, shall be forwarded to the applicant and to all adjacent property owners and any relevant resource agencies and posted upon the subject property.
4.
Any affected party may appeal the administrator's initial determination to the city council pursuant to TMC § 17.115.030. If no appeal of the initial determination of impending administrative permit issuance is filed within five regular city business days from issuance of the administrator's initial determination, the administrator shall render a final decision on the permit in accord with the initial determination within five regular city business days.
D.
Conditions of Approval. In order to mitigate anticipated impacts of a proposed use or support a finding of fact or prevent and abate public nuisances associated with any project for which an administrative permit is requested, the administrator shall have the authority to require compliance with conditions and safeguards deemed necessary to mitigate the anticipated impacts of a proposed use, based on the findings of fact . Such conditions may be imposed that could increase requirements in the standards, criteria, or regulations of this title or other city legislation or adopted policies. Project proponents may submit plans for proposed alternative means of mitigation impacts for review by the city. No administrative permit shall require, as a condition, the dedication of land for any purpose not reasonably related to the use of property for which the administrative permit is requested, nor posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the administrative permit is requested.
1.
The following conditions must be met prior to approval of an administrative permit for short-term vacation rentals. Compliance with said conditions is required on an annual basis. Noncompliance may result in revocation of permit.
a.
City business license.
b.
State business license.
c.
Okanogan County health district permit as appropriate.
d.
Annual permit renewal.
e.
Owner shall identify location of advertising (Airbnb, etc.) on permit application.
f.
STVR permits are not transferable with the property.
g.
Any lapse in business license (annual) may result in revocation of administrative permit.
h.
Health and safety inspections of the residence are required by building and fire officials.
i.
Adequate parking spaces must be provided for guests on the premises. No parking is allowed on public right-of-way.
j.
Name and contact information for the local owner or site manager must be posted on site in an accessible area.
k.
The owner or site manager must be available 24 hours a day, seven days a week to respond to complaints and emergencies and arrive at the STVR within one hour at all times during the rental period.
l.
The owner shall require all guests to provide the owner/manager with names and contact information for each guest, and vehicle license(s).
m.
A sign displayed for an STVR, if desired by the owner, shall be no larger than two square feet, with indirect downward-facing lighting that does not interfere with neighboring residents.
n.
Repeated violations of these requirements will result in the loss of the license.
o.
Noise originating inside or outside of an STVR shall not exceed 65 decibels at the property line.
p.
The owner shall provide the city with a copy of the general living provisions.
2.
All outdoor mobile vendors, where allowed by TMC § 17.70.020, District use chart, shall meet the following standards to protect the aesthetics of surrounding properties:
a.
Exemptions. The following activities, businesses, and/or persons, as such are commonly known, shall be exempt from coverage of this section. This exemption shall not be construed to limit or restrict the application of other laws and regulations pertaining to such activities, businesses and/or persons.
i.
Stands used to sell or distribute flowers, fruit, vegetables, produce or plants grown on the property where the stand is located;
ii.
Outdoor mobile vendors set up only during community-sponsored events.
b.
Application. Applicants for an outdoor mobile vendor permit shall provide the administrator with a written application describing the proposed business in detail and specifically including, as a minimum, the following:
i.
The proposed manner of operation of the business;
ii.
The goods, wares, services, merchandise or articles to be offered for sale;
iii.
The proposed dates, hours and duration of operation;
iv.
The proposed location of operation;
v.
Available parking;
vi.
The proposed fire safety features and proposed lighting;
vii.
Proposed structures and locations;
viii.
Site plan;
ix.
Written, signed and notarized authorization of landowner.
The administrator shall review the application based on such issues as public safety, pedestrian and vehicular traffic, public disturbance and noise concerns. The administrator shall grant, deny or condition the permit based on the above considerations. Written notice of action on the application shall be provided to the applicant within 14 days of the city's receipt of a completed permit application.
c.
Required Approvals.
i.
All outdoor mobile vendors shall obtain approval from the Okanogan County health district prior to commencing any activities. Outdoor mobile vendors are required to comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with Chapter 246-215 WAC, as amended, and any other rules and regulations respecting such vehicles, equipment, and devices as may be established by the Okanogan County health district.
ii.
All outdoor mobile vendors shall have city and state business licenses/registrations.
iii.
All outdoor mobile vendors shall provide in writing and on a site plan the locations of utilities (water, sewer, stormwater, etc.) servicing the stand or a plan for how water, sewer and stormwater, etc., will be handled. All service locations shall be reviewed by the public works department for approval prior to commencement of activities at any location.
iv.
All outdoor mobile vendors shall obtain required permits from the city fire chief for installation of LPG tanks and piping.
v.
All outdoor mobile vendors that are constructed to use electricity shall obtain a permit from the Washington State Department of Labor and Industries.
vi.
Any structure or accessory structure that is to be placed and used as a commercial stand shall require review for compliance with this code as amended, which includes at minimum TMC Title 5, Business Taxes, Licenses and Regulations; TMC Title 15, Buildings and Construction; and this title.
d.
Development Standards.
i.
Shall not conduct business so as to violate any ordinances of the city, including those regulating traffic and rights-of-way, as now in effect or hereafter amended.
ii.
Shall not be located in such a manner as to cause a traffic hazard.
iii.
Shall not obstruct or cause to be obstructed the passage of a sidewalk, street, avenue, alley or any other public place by causing people to congregate at or near the place where services are being sold or offered for sale.
iv.
Are prohibited from occupying required parking spaces and vehicular traffic areas of existing businesses.
v.
Employees must have access to sanitary facilities during working hours. If such facilities are to be provided by an adjoining use, the written, signed and notarized approval of the landowner is required.
vi.
All outdoor mobile vendors operations related to cooking, sale of goods, displays, and other portions of the operation outside of seating, landscaping, and singular display of goods, menus, and signage attached to the stand shall take place from within the enclosed mobile vending unit.
vii.
Shall provide garbage receptacles for customer use and provide for appropriate waste disposal.
viii.
All outdoor mobile vendors shall be maintained in a neat and orderly condition and manner, free of debris and litter.
ix.
Outdoor mobile vendors, including any outdoor or covered seating, shall occupy an area no larger than 400 square feet. The size of an outdoor mobile vendor shall be counted as part of the lot coverage for the specific lot/parcel. If more than one outdoor mobile vendor is permitted per lot/parcel, then the total square footage is reduced to 250 square feet per outdoor mobile vendor.
x.
At the conclusion of business activities at a given location, the vendor shall clean all areas surrounding his or her commercial stand of all debris, trash and litter generated by the vendor's business activities.
xi.
All advertising shall be placed via wall standards and be placed on the commercial stand. Wall sign regulations shall follow those of the underlying zoning district in relation to the size of the commercial stand; one sandwich board sign no larger than 24 inches by 36 inches shall be allowed providing its location is approved by the public works director.
xii.
Outdoor mobile vendors shall submit a site plan providing accurate dimensions and locations of the following:
(A)
Proposed and existing structures;
(B)
Proposed and existing land uses;
(C)
Garbage and trash receptacles;
(D)
Proposed and existing storage areas;
(E)
Location of adjacent streets, avenues, and alleys;
(F)
Ingress and egress locations;
(G)
"Use" area;
(H)
Proposed and existing landscaping;
(I)
Proposed and existing off-street parking.
xiii.
For the purposes of this chapter, the "use" area is defined as an area described in the tenancy agreement between the landowner and tenant (person allowed to possess property belonging to the landowner for rights and privileges detailed in the tenancy agreement) of adequate size to carry on the agreed-upon use consistent with city code.
xiv.
Outdoor mobile vendors shall submit a written and notarized consent form from the property owner authorizing the property to be used for the proposed use and approving the accuracy of the site plan.
xv.
All outdoor mobile vendors shall provide off-street parking spaces in compliance with regulations for the zoning district where located, plus sufficient stacking for six vehicles for vendors with a drive-through component.
E.
Time Limitations. Any administrative permit granted by the administrator, or by the city council on appeal, shall be null and void if not exercised within the time specified in such permit or, if no time is specified, within two years of the date of approval of such permit. An administrative permit shall be deemed exercised and remain in full force and effect when a building permit has been issued and substantial construction accomplished, or when substantial investment has been made to establish the use for which the administrative permit has been granted in reliance upon said administrative permit, with the exception of renewable administrative permits granted to mobile vendors and temporary markets. If such permit is abandoned or is discontinued for a continuous period of two years, it may not thereafter be reestablished unless authorized in accordance with the procedure prescribed herein for the establishment of an administratively permitted use.
F.
Renewable Administrative Permits. Renewable administrative permits granted to short-term vacation rentals, mobile vendors and temporary markets shall be valid for a period of one year from the date of approval, and shall be renewable annually as long as the permit holder is in compliance with all conditions of the permit.
G.
Extension of Time. Upon written request by a property owner or his/her authorized representative prior to the date of administrative permit expiration, the administrator may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of said permit that would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare.
H.
Additions and Modifications to Sites and Structures.
1.
Minor Additions or Modifications.
a.
Minor adjustments are those that may affect the precise dimensions or siting of buildings, but that do not affect the basic character or arrangement of buildings approved, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original. Minor adjustments to sites and structures permitted under existing valid administrative permits may be administratively approved by the administrator, subject to the following findings:
i.
The proposed addition or modification is determined to be in substantial conformity with any and all previous valid administrative permits for existing uses on the site.
ii.
The proposed addition or modification directly relates to a use or structure established under a previous valid administrative permit.
iii.
No more than one administrative approval for any such minor addition or modification shall be granted on a single property within any two-year period.
iv.
The proposed addition or modification shall still be subject to all other applicable city ordinances and development standards, including setback, screening, or buffering requirements.
v.
The proposed addition or modification will be served by existing streets, driveways and utilities, and will not require relocation of any existing structures or other site modifications.
Upon approval of any such minor addition or modification, notice shall be provided to all parties of record with the opportunity to comment on the administrator's decision within 10 business days. If a written objection is filed within 10 business days, the administrator shall reconsider the determination in light of the objection(s) raised and render a final decision. Any party aggrieved by the administrator's final decision may file an appeal of that decision to the city council pursuant to TMC § 17.115.030.
2.
Major Adjustments. Major adjustments are those that, when determined by the administrator, substantially change the basic design, coverage, open space or other requirements of the permit. When the administrator determines that a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the city council of such adjustment.
I.
Cancellation of an Administrative Permit. A valid administrative permit granted by the administrator, or the city council upon appeal, may be canceled at any time. Cancellation must be initiated by the owner of the property covered by an administrative permit by means of a written request to the administrator. Said permit shall then become null and void within 30 days thereafter.
J.
Revocation of Permit. The administrator may revoke, suspend, or add additional conditions to any administrative permit granted under the provisions of this section on any one or more of the following grounds:
1.
That the approval was obtained by fraud;
2.
That any material fact was concealed or misrepresented on the administrative permit application or on any subsequent applications or reports;
3.
That the use for which such approval is granted is not being exercised;
4.
That the use for which such approval is granted has ceased to exist or has been suspended for one year or more;
5.
That the administrative permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
6.
That the use for which the approval was granted is being so exercised as to be detrimental to the public health, safety or general welfare, or so as to constitute a nuisance.
K.
Posting of Performance Bonds. Notwithstanding the provisions of subsection (D) of this section, whenever an administrative permit is granted upon any condition or limitation requiring development of a right-of-way, installation of utilities, or other public improvements, the person seeking the administrative permit may be required to furnish security in the form of money or a surety bond in an amount fixed by the administrator, or the city council on appeal, to ensure compliance with the conditions and limitations related to public improvements upon which said permit is granted. Every such bond shall be a performance bond and shall be in a form approved by the city attorney, shall be payable to the city, and shall be conditioned upon compliance with the conditions and limitations upon which said permit is granted.
(Ord. 849 § 3 (Exh. C), 2024)
§ 17.115.030 Appeal to the city council.
All action or ruling of the permit administrator and/or planning commission authorized by this title may be appealed to the city as provided in Chapter 19.05 TMC. Subsequent to the public hearing, the city council shall affirm, modify, or overrule the ruling or action of the administrator and/or planning commission.
(Ord. 778 § 2 (Exh. A), 2017; Ord. 786 § 2 (Exh. B), 2017)
§ 17.115.040 Interpretation.
The provisions of this title shall be held to the minimum requirements fulfilling its objectives. Where the conditions imposed by a provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other ordinance or regulation, the provisions which are more restrictive shall govern.
(Ord. 778 § 2 (Exh. A), 2017)
