The title codified in Chapters 17.01 through 17.27 of this code shall be known as the Union Gap development code. The Union Gap development code ordinance is enacted under authority granted to the city of Union Gap by Article XI Section II of the Washington State Constitution and Chapter 36.70A of the Revised Code of Washington.

(Ord. 2274 § 1 (part), 2000)

A.

Generally. This title is enacted and administered by the city of Union Gap for lands and uses within the Union Gap city limits as it now exists or is hereafter amended.

B.

Existing Ordinance Superseded. The provisions of this title are declared to supersede and replace all existing and future provisions of Title 17 Union Gap Municipal Code.

(Ord. 2274 § 1 (part), 2000)

The purpose of this title is to implement the Union Gap comprehensive plan and promote the general health, safety and welfare of present and future inhabitants of the city of Union Gap. These goals are accomplished in many ways including:

A.

Achieving public and private land use decisions consistent with the policies and objectives of the Union Gap comprehensive plan;

B.

Dividing Union Gap into districts according to the use of land and structures and the intensity of such use;

C.

Encouraging the location and use of structures and land for commerce, industry, and residences in districts where they are compatible with neighboring land uses;

D.

Encouraging development in areas where adequate public services including water and sewer, police and fire protection, roads, and schools can be provided; and limiting development in areas where these facilities can not be provided;

E.

Securing economy in local governmental expenditures;

F.

Encouraging innovative site design;

G.

Providing for adequate privacy, light, air and view;

H.

Promoting development within Union Gap that is cost effective to build and maintain;

I.

Expediting review of proposed projects;

J.

Protecting existing land uses and property values from adverse impacts of incompatible neighboring development;

K.

Enhancing safety and reducing congestion on roads and highways;

L.

Minimizing damage due to flooding.

This title divides all the land within the city of Union Gap into zoning districts. Each zoning district has an intent statement that defines the district's purpose, identifies the general character of the area within the district, and establishes objectives to be achieved by development in the district. Distinctions between each district are significant and based on the Union Gap comprehensive plan. The intent statements serve as a guide to the administration and interpretation of this title and are declared to be an official statement of legislative finding and purpose.

(Ord. 2274 § 1 (part), 2000)

A.

Purpose. The purpose of this section is to summarize the land uses and activities, which are regulated by this title and outline the manner of their regulation. This section is not intended to control the more detailed provisions of this title.

B.

Generally. Uses of lands are regulated by this title. "Uses" includes, by definition of this title, alterations to land itself, occupancy of land, all accessory uses, and associated structures and site improvements, or any combination thereof (see Section 17.02.020 defining "accessory use," "structure," and "site improvement"). Use also means "development" (see Section 17.02.020).

This title regulates uses in two ways: (1) By specific development standards which must be met (see Chapters 17.05, 17.06, 17.07, 17.08 and 17.09), and (2) by prior review of more significant uses to allow general policies and standards to be applied, to assure compliance with the purpose and intent of this title, and to allow more flexibility of development and use (see Section 17. 01.030). Different levels of review (Class (1), (2) or (3) review) are established for different categories of uses. The level of review is generally determined by the classification of the principal use involved under the use chart contained in Table 17.04.030 (see Chapter 17.04). Certain accessory uses are subject to detailed regulations, including home occupations, off-street parking, signs, site screening, temporary use permits, swimming pools, communication towers, caretaker residences, and yard sales (see Chapters 17.04, 17.06, 17.07 and 17.08).

C.

New and Existing Uses Regulated. Uses established before and after the adoption of this title are regulated, but are treated differently depending on their status under this title. Totally new and different uses of land are reviewed under Class (1), (2) or (3) review and, if approved, are called "approved uses." Previous uses whose principal use would be permitted in the zoning district in which it is located are called "existing uses." Existing uses are allowed to continue even though they have not been through the regular review procedures of this title and may not fully comply with the development standards of this title. Such uses may be reestablished as they previously existed if damaged or destroyed (see Chapter 17.17). Previously established uses which were legally established prior to the adoption of this title, but which have a principal use which would not be permitted in the zoning district in which it was located, are called "nonconforming uses." Such uses may be allowed to continue, but are subject to more restrictions (see Chapter 17.18).

D.

Changes and Alterations to Uses and Development. Changes and alterations to approved, existing, or nonconforming uses or development are also regulated by this title and are called "modifications" (see Section 17.02.020). Certain nominal modifications to "approved" or "existing" uses are exempt from review under this title. Other modifications to "approved" or "existing" uses that are minor, and meet certain criteria can be administratively approved with minimal review. Procedures for such modifications are contained in Chapter 17.16. More significant changes to "approved" or "existing" uses and development which do not meet the exemptions or administrative approval criteria of Chapter 17.16 must be reviewed using the normal Class (1), (2) or (3) review procedures of this title. Changes and alterations to nonconforming uses are regulated by Chapter 17.18.

E.

Permits. Unless exempted, no use, development, or modification of use or development (as those terms are defined) may be established, placed, performed, constructed, or implemented, in whole or in part, without a permit. The permit required by this title is called a "development permit." Chapter 17.11 and Title 18 contain provisions governing such permits and applications for permits. The following uses and modifications are exempt from prior review and permit requirements, provided they do not involve a required site improvement contained in a previously approved final site plan or permit (some exempt uses must still comply with the standards of this title):

1.

Normal structural repair and maintenance;

2.

Changes to conforming structures that do not involve structural alteration (as that term is defined by this title);

3.

Rehabilitation of dwelling units, when such rehabilitation does not expand the number of units nor physically expand the structure;

4.

Accessory structures otherwise meeting the specific development standards and other requirements of this title, which do not require a building permit under the provisions of the Uniform Building Code as adopted by the city;

5.

Communication towers less than thirty-five feet in height which meet the requirements of Section 17.04.130;

6.

Exempt signs;

7.

Yard sales meeting the requirements of Section 17.04.060;

8.

Alterations to land including grading, leveling, paving, and excavation provided the fair market value of the alterations does not exceed two thousand dollars;

9.

Site screening and landscaping;

10.

All grading, construction of private or public roads, landscaping, construction of sewer, wastewater facilities, water, electrical, and other utilities pursuant to an approved and valid short or long subdivision regulating such improvements.

(Ord. 2274 § 1 (part), 2000)

No structure, land, or use shall hereafter be constructed, erected, maintained, enlarged, altered, repaired, moved, improved, removed converted, or demolished except as authorized by the terms of this title.

(Ord. 2274 § 1 (part), 2000)

In the case of conflicts between parts of this title and other rules, regulations, resolutions, ordinances or statutes lawfully adopted by the city, the most restrictive shall govern. In the case of conflicts between the text, maps, and tables of the title, the text shall govern unless otherwise stated.

(Ord. 2274 § 1 (part), 2000)

This title is declared to be severable. If any division, chapter, section, paragraph, clause, other portion or any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of the title. If any division, chapter, section, paragraph, clause, or any portion is adjudged invalid for any reason as applied to a particular property, use, or structure, the application of such portion of the zoning ordinance to other property, use, or structures shall not be affected.

(Ord. 2274 § 1 (part), 2000)

Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may also be applied to the singular; words importing the masculine gender may be extended to female; and words importing the feminine gender may be extended to males.

(Ord. 2274 § 1 (part), 2000)