Winthrop City Zoning Code

Establishing general procedures and preparing forms and applications for the administration of this title;

Making administrative decisions and interpretations of the policies and regulations of this title;

Reviewing all applications made under this title according to the provisions of Title 19;

Conducting preapplication conferences pursuant to Section 19.04.010;

Making field inspections where necessary or deemed advisable by the administrator or requested by the planning commission or the town council;

Determining if a use is prohibited under this title, and if not prohibited, which type of permit procedure in accordance with Chapter 19.02 is applicable;

Reviewing building permit applications to determine compliance with this title, including review for compliance with mandatory performance standards when applicable;

Submitting preliminary long plat, planned development, and applications for amendments to this title to the planning commission with written report thereon, including summary of relevant code provisions and summary of all comments, and recommendation for action thereon;

Investigating and ruling upon applications for statements of nonconforming use or structure status or for approval of home occupations;

Investigating applications for conditional uses, variances or nonconforming use or structure variances and transmittal of completed files thereon to the zoning administrator;

Assuring that all necessary notices are given pursuant to Chapter 19.06 and this title;

Providing technical and administrative assistance to the planning commission and the town council as required for effective and equitable implementation of this title;

Providing summary report to the planning commission and the town council of all permits and approvals issued under this title for the prior calendar year, in February of each year. The report should include summary of significant administrative determinations and appeals, identification of any problem areas, and any recommendations for improvement of this title;

Investigating, developing and proposing amendments to this title as deemed necessary to more effectively and equitably achieve its goals and policies;

Seeking remedies for alleged violations of this title, or of any permits issued hereunder, and bringing the same to the attention of the mayor when formal action is proposed.

Making final decisions (subject only to judicial review) on applications for type III and IV permits and for amendment to this title;

Conducting hearings and determining appeals from decisions of the administrator and planning commission made pursuant to Title 19;

The council may initiate amendments to this title on its own initiative, and shall make final decisions thereon after hearing, review and recommendation by the planning commission, to whom such proposals for amendment shall initially be referred by resolution;

Requiring an applicant for a permit hereunder to post a bond as authorized by this title in an amount determined by them and running to the town.

Applications. Applications for variance permits shall be filed pursuant to Chapter 19.04.

Notice. The administrator shall set a date and time for hearing on the variance application pursuant to Chapters 19.06 and 19.10.

The town council shall, on the date and time set for hearing, conduct a public hearing upon the variance application, at which all interested persons may appear and be heard on the application, or may submit written comment thereon.

Variance Criteria. Before any variance may be granted, it shall be first demonstrated and the town council shall find that all of the following criteria apply:

The town council shall issue its decision in accordance with the provisions of Chapter 19.10.

Intent. The town council shall hear and decide on all applications for conditional use permit pursuant to Title 19 of the Winthrop Municipal Code. Such uses upon which conditions may be imposed must be specifically identified in Table 17.16.010 as allowed by conditional use in the zone district where it is located. Applications for conditional use permits must include a list of uses and accessory uses and structures expected for the site in question. The standards, criteria and procedures of this article apply to any conditional use permit authorized by Title 17.

Basis for Denial. The town council is authorized to deny an application for conditional uses for the following reasons:

Imposition of Conditions by the Town Council. Conditions may be imposed only after the council satisfies the following standards and criteria:

Limitations on Conditions. The town council may impose any conditions upon granting the conditional use permit subject to the following limitations:

Examples of Conditions That May Be Imposed.

Standards Governing Conditional Use Permits. In addition to the conditions which may be imposed by the town council, a conditional use permit shall at least comply with the following standards when applicable and the standards of the zone district in which it is located as described in Chapters 17.20, 17.24 and 17.28 of this title.

Procedure For Approval of a Conditional Use Permit. The town council may authorize the issuance of a conditional use permit only after following the procedures set out in Title 19 of the Winthrop Municipal code.

Application shall be made on form provided by the administrator, and shall contain all information, maps, etc. required by the form or requested by the administrator and necessary or helpful to show such use or structure to be nonconforming.

Upon receipt of such application (including payment of fee therefor) the administrator shall notify all adjoining property owners within three hundred (300) feet of the use or structure, of the pending application, and shall post notice thereof, and shall accept written comment thereon for a period of twenty-one (21) days from date of such notice being given.

After consideration of such application and all information provided by the applicant and of all comments received thereon, the administrator shall within forty (40) days of receipt of the completed application, accept or deny the application for statement of nonconforming status. The decision shall be in writing and shall be accompanied by findings of fact and conclusions on which it is based, and if accepted shall specifically define and describe the nature of the nonconforming use or structure in order to determine whether future uses or construction constitute an unlawful expansion or alteration thereof.

The owner of a nonconforming use or structure may apply to the town council for a nonconforming use or structure variance, to allow for alteration or expansion of a nonconforming use or structure, pursuant to the procedures set forth in subsections A, B, C and E of Section 17.36.040.

Criteria. Before any nonconforming use or structure variance may be granted, it shall be first demonstrated and the town council shall find that all of the following criteria apply:

Comprehensive Plan. No amendment to this title shall be adopted nor any rezone granted which is inconsistent with the comprehensive plan of the town, as now existing or hereafter amended.

Initiation. An amendment to the text of this title or to the zoning map adopted herewith may be initiated by:

Petition for Amendment. Petitions for amendment to the text of this title or to the zoning map shall be on forms prescribed by the administrator, and shall be filed with the town clerk together with fee therefor as determined by the town council pursuant to this title, and together with completed SEPA environmental checklist and SEPA checklist fee. Petitions for amendment shall include the following information:

Resolution for Amendment. Resolution of the town council or of the town planning commission for amendment to the text of this title or the zoning map shall be directed to the town clerk and shall include complete description or map of the property for which amendment is sought, and/or a complete explanation of the section(s) of the title for which amendment is sought and the proposed language therefor.

Hearing on Petition or Resolution. Upon receipt of such petition or resolution the town clerk shall submit the same to the administrator who shall determine if the petition or resolution is complete, and if so, shall refer the same to the planning commission. At its next regular meeting the planning commission shall set a date for public hearing on the petition or resolution, and shall cause notice to be given as required in this title. The administrator shall also mail copies of the petition or resolution to any interested resource agencies including the Okanogan County planner. At the public hearing on the petition or resolution, the town planning commission shall review the same and the report and recommendation of the administrator thereon and all environmental information filed therewith (including the SEPA threshold determination of the SEPA responsible official), shall review all written comments received from any interested agencies, town departments, and the public, and shall take testimony from all persons who appear to be heard on the petition or resolution. After conclusion of public hearing on a petition or resolution for amendment, the planning commission shall issue its written recommendation on such petition, which shall include findings of fact and conclusions upon which such recommendation is based.

Decision of Town Council. Upon receipt of recommendation from the planning commission on a petition or resolution for amendment, the town council shall at its next regular meeting, set a date to consider the same, which shall be heard at a public meeting of the council. The town council shall at such meeting, consider the petition or resolution and the record and recommendation of the planning commission and shall determine whether to accept the recommendation of the planning commission. If the town council does not accept the recommendation of the planning commission without substantial alteration or conditions thereto, then the council shall set a date for public hearing upon the petition or resolution and shall cause notice to be given thereof as set forth in this title. At the date set for public hearing, the council shall hear testimony from all persons who wish to be heard on the petition or resolution, and shall thereafter issue its decision to grant the amendment, deny the amendment, or to grant the amendment with conditions or modifications thereto.

Administrator Decisions. Appeals from a decision of the administrator, including but not limited to decisions on statement of nonconforming status, compliance with mandatory performance or development standards, decisions regarding off-street parking requirements, or interpretations of this title or any provision hereof, or any other action within the purview of the administrator pursuant to this title, shall be to the town council in accordance with Chapter 19.02. All appeals shall be processed in accordance with Chapter 19.12.

Civil Enforcement.

Delinquent Permit Penalty. Persons applying for a permit after commencement of a use or activity for which such permit is required shall be required to pay a delinquent permit penalty not to exceed three times the appropriate permit fee for the required permit. Delinquent permit penalties shall be paid in full prior to resuming the use, activity or development.

General Criminal Penalty. In addition to incurring civil penalties under subsection A of this section, any person found to have wilfully engaged in a use or activity in violation of the provisions of this title shall be guilty of a gross misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than ninety (90) days for each such offense, or by both such fine and imprisonment; provided, that the fine for each separate offense for the third and all subsequent violations in any five-year period shall be not less than ten thousand dollars ($10,000.00).

Violator Liability, Damages and Attorney Fees. Any person subject to the regulatory program of this title who violates any provision hereof or any permit issued pursuant hereto shall be liable for all damage to public or private property from such violation, including the cost of restoring the affected area to its condition prior to the violation. The town attorney shall bring suit for damages under this section on behalf of the town, upon the direction of the mayor. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court may make provisions to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such damages or restorative relief, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.

Denial of Development or Other Permits. No building permit, side sewer permit, or other development permit shall be issued for any parcel of land used or developed in violation of this title. All purchasers or transferees of the property shall comply with the provisions of this title, and any such purchaser or transferee may recover his/her damages from any seller or transferor selling, transferring or leasing his/her land in violation of this title, including any amount reasonably spent as a result of inability to obtain such development permit and/or spent to conform to the requirements of this title, as well as reasonable attorney fees and costs of suit occasioned thereby. Such purchaser or transferee may as an alternative to conforming his/her property to these requirements, rescind the sale or transfer and recover costs of investigation and reasonable attorney fees incurred from the violator.