The purpose of this chapter is to specify the general requirements for permits under this title and administrative provisions.

(Ord. 2274 § 1 (part), 2000)

A.

Development Permit. Except as provided in subsection (C) of this section, no use, development, or modification to use or development (as those terms are defined by this title) may be established, placed, performed, constructed, made, or implemented in whole or in part, without the issuance of a development permit by the building official. When a building permit is required, the building permit shall serve as the development permit.

B.

Certificate of Zoning Review. No development permit may be issued without the prior issuance of a certificate of zoning review for the proposed development (or modification) indicating that the proposal has been reviewed under this ordinance and conforms to its requirements, provided, that proposals for new Class (1) uses and modifications thereto which are reviewable under Class (1) review only (Chapter 17.12) do not require a separate certificate of zoning review and may be approved directly by the building official. The certificate of zoning review shall include any terms and conditions of approval for the project together with any approved final site plan.

C.

Exemptions. The following development and modifications to development are exempt from the review and permit provisions of this title if they do not involve a required site improvement:

1.

Normal structural repair and maintenance;

2.

Changes to conforming structures that do not involve structural alterations, as that term is defined by this title;

3.

Rehabilitation of dwelling units that does not expand the number of dwelling units nor physically enlarge the structure;

4.

Accessory structures otherwise meeting the requirements of this title, which do not require a building permit;

5.

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

6.

Exempt signs;

7.

Yard sales meeting the requirements in Section 17.04.060;

8.

Alteration to land, including grading and leveling, paving, stockpiling, and excavation, the fair market value of which does not exceed two thousand dollars;

9.

All grading, construction of private or public roads, landscaping, construction of sewer, waste water facilities, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improvements, and critical areas permit if applicable.

(Ord. 2274 § 1 (part), 2000)

A.

Development Permit Compliance Required. Development permits authorize only the use, arrangement, and construction set forth in the approved plans, application, and certificate of zoning review together with any associated conditions of approval, and the final site plan. Any use, arrangement, or construction at variance with that authorized is a violation of this title and is punishable as provided in Chapter 17.25.

B.

Site Plan Compliance Required. Whenever any site plan is required by this title, and is part of any approval of development or modification of development, it shall be binding on all existing or subsequent owners and occupiers of the property. Failure to maintain the property and development in full compliance with the terms and conditions of the approved final site plan shall constitute a violation of this title and is punishable as provided in Chapter 17.27.

C.

Site Inspection. The building official is authorized to perform interim and final inspections of all development and modifications to development to assure conformance with the final site plan and associated terms and conditions of approval. The building official may coordinate such inspections with the inspections required by other applicable codes or ordinances. When the development, as built, conforms to the final site plan, the building official shall so certify on the face of the site plan on file with the city.

D.

Coordination With Other Approvals. The administrator shall consider the standards and conditions of other duly enacted Union Gap ordinances and state laws when considering the issuance of a development permit and conditions thereof. Such other standards include but are not limited to the following:

1.

Title 9, Vehicles and Traffic;

2.

Title 11, Streets and Sidewalks;

3.

Title 12, Water and Sewer;

4.

Title 13, Fire Code;

5.

Title 14, Buildings and Construction;

6.

Title 15, Subdivisions;

7.

Chapter 2.52, State Environmental Policy Act Guidelines and Regulations;

8.

RCW 90.51, Shoreline Management Act of 1971.

(Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)

The city shall maintain an official index of all approved certificates of zoning review and development permits requiring Class (1), (2) or (3) review. The official index shall include the application, a copy of the certificate of zoning review, and development permit, together with their associated site plans and the terms and conditions of approval. Such index shall constitute an official record and shall be open for public inspection and copying. The index shall constitute constructive notice to third parties of the existence and terms of said approval.

(Ord. 2274 § 1 (part), 2000)

A.

Final Site Plan Required. Prior to issuance of a certificate of zoning review, the applicant shall provide to the city a final site plan, which shall include all the additions and modifications required by the reviewing official or hearing examiner.

B.

Final Site Plans—Form and Content. All final site plans shall be legibly drawn to scale and be drawn, prepared, or printed by a process guaranteeing a permanent record in black. The final site plan shall conform to the requirements of Sections 17.11.040 or 17.11.050, as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index.

(Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)

A.

Certificate of Zoning Review—Expiration. A certificate of zoning review shall automatically expire when:

1.

A new or modified certificate of zoning review has been issued for the same parcel or parcels; or

2.

A development permit based on the certificate of zoning review has not been issued within one year from the date of issuance of the certificate, or shorter time if specified by the reviewing official; or

3.

The development permit issued on said certificate expires, terminates, or is canceled under the provisions of this title;

4.

The city shall take steps to cancel any expired certificate of zoning review and note such expiration or cancellation in the official index of approvals. The city shall mail written notice of cancellation to the last known address of the applicant and to the owner of record as shown in the Yakima County assessor's parcel index. Failure to provide such notice shall not affect the termination or expiration of the certificate.

B.

Development Permit and Building Permit Expiration. A development permit shall automatically expire and be terminated when:

1.

A new or modified development permit is issued for the property; or

2.

The action authorized in the development permit has not begun within one hundred eighty (180) days from the date of issuance thereof, unless otherwise specified in the approval; or

3.

The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless otherwise specified in the approval.

C.

Prior to termination and expiration of a development permit under this section, the building official shall give written notice to the applicant at his last known address, and to the owner of record, that the development permit is about to expire. Such notice shall be made by mail at least forty-five (45) days prior to the scheduled date of cancellation and shall describe the action necessary to avoid termination or expiration. Should the development permit expire, the building official shall take administrative action to reflect cancellation of the permit in the official records and shall send written notice by mail of the fact of expiration to the permit applicant and the owner of record as shown in the Yakima County assessor's parcel index, together with a notice that further work or action shall not proceed.

D.

Extension of any Approved Development Permit and/or Certificate of Zoning Review. A valid certificate of zoning review and/or a valid development permit may be extended one time only, for up to one additional year, by the administrative official. Requests for extensions shall be in writing, accompanied by the previously approved final site plan showing the work already completed on the project.

(Ord. 2274 § 1 (part), 2000)

A.

Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval imposed under this title are properly complied with and implemented in a timely fashion, all in furtherance of the goals and policies of this title, the Union Gap comprehensive plan, and the public welfare and interest.

B.

Certificate of Occupancy May be Required. As a condition of approval for the issuance of or any permit or approval under this title, the reviewing official when engaged in administrative modification review under Chapter 17.16, may require that the approved use or occupancy of the structure or land may not occur without the issuance of a certificate of occupancy issued by the building official certifying that all required site improvements have been fully and properly constructed and that all the terms and conditions of approval have been met. Use or occupancy of the property or structures, in whole or in part, without the issuance of a certificate of occupancy is a violation of this ordinance and is punishable under the provisions of Chapter 17.27.

C.

Occupancy Prior to Completion. The building official may authorize occupancy of development prior to the issuance of a required certificate of occupancy when, upon request, he finds that all the following conditions are met:

1.

The applicant is unable to complete all required improvements because of unavoidable circumstances that in no way resulted from the action or inaction of the applicant or permit holder;

2.

It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time;

3.

Delaying completion of the improvements until after occupancy will not be materially detrimental to property in the vicinity of the proposed development, the health, safety, and welfare of the general public, or the goals and policies of this title and the Union Gap comprehensive plan;

4.

Security for the completion of required improvements and terms and conditions of approval has been made in accordance with Section 17.11.080 for any public improvements associated with the development;

5.

The development complies with minimum life and safety codes, and the building official has declared the development safe for use.

(Ord. 2274 § 1 (part), 2000)

A.

Purpose. The purpose of this section is to assure that the terms and conditions of approval, after review of development under this title, are actually and properly complied with and implemented in a timely fashion.

B.

Performance Assurance Required as a Condition of Approval. As a condition of approval of any permit or approval issued under this title, the reviewing official may require security for the performance and completion of any proposed or required public improvement, or any other term or condition of approval pertaining to a public improvement. When such security is required, it shall be made in accordance with this section and must be made and approved prior to the issuance of the development permit.

C.

Forms and Security. The applicant may provide security in the form of one or more of the following:

1.

A bond; or

2.

An escrow agreement approved by the city attorney; or

3.

A lien against the subject property. Provided, however, that the quality, sufficiency, amount, and exact form of the security are subject to the approval of the administrative official. Whenever any security is provided by an applicant, it shall state directly, or by reference, all the following provisions:

a.

The improvements or performance secured;

b.

A date or dates of required compliance;

c.

The amount of the security;

d.

That the security is in favor of the city of Union Gap;

e.

That the applicant shall maintain the security in force until completion of the public improvement or condition for which security was provided.

D.

Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the administrative official.

E.

Escrow Agreements. Security provided in the form of an escrow agreement shall comply with the following provisions.

The escrow agreement shall be recorded, the cost of which will be borne by the applicant. If the improvements or performance secured by the escrow agreement are not completed, the administrative official shall notify the applicant in writing: (1) the nature of the noncompliance, and the action necessary to correct the same; and (2) the amount of time in which the applicant has to take corrective action; and (3) that if corrective action is not completed within the time specified, the city will take corrective action itself, and legal action in accordance with the terms of the escrow agreement.

F.

Failure to Complete Corrective Action. If corrective action is not taken within the time specified, the city, may at its option, either: (1) take action necessary to complete the events secured by escrow agreement; or (2) institute enforcement action on the escrow.

G.

Partial Releases. An applicant may request a partial release of any security provided under this section, based on partial completion or compliance with the conditions secured.

H.

Applicant and Permit Holder Responsible for Deficiencies. The applicant and/or permit holder is responsible for all costs incurred by the city in completing the conditions secured by any security provided under this section. If after fully applying the security a deficiency remains, the applicant and/or permit holder shall be jointly and severally liable for such deficiency and for reasonable attorney's fees necessary to collect the same.

(Ord. 2274 § 1 (part), 2000)