Chapter 18.04   GENERAL PROVISIONS

Sections:


18.04.010   Adoption.

The zoning code of the city is adopted to facilitate land use control, orderly growth, development, preserve and protect vital aspects of the natural environment, designate land use districts, provide for compatibility between the districts and provide for the administration and enforcement of the regulations.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.020   Title.

This title shall be known as the zoning code of the city of Black Diamond.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.030   Intent.

It is the intent of this title to:

A.

Facilitate orderly growth and development of the city consistent with the requirements of the Growth Management Act, RCW 36.70A, and with the policies, goals and objectives of the city of Black Diamond comprehensive plan;

B.

Protect the health and general welfare of the city's residents;

C.

Promote sound economic development;

D.

Preserve and protect vital aspects of the natural environment;

E.

Designate land use districts and provide for compatibility between the several districts;

F.

Provide flexible and innovative development regulations to achieve the city's desired pattern, intensity and character of land use, and to preserve valuable resources and a network of open spaces;

G.

Provide for the administration and enforcement of the regulations.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.040   Minimum requirements.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreements between parties, public or private; however, whenever the requirements of this title are at variance with the requirements of any lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or those imposing the higher standards shall govern.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.050   Additional requirements.

A.

The provisions of this chapter apply to the types, location and standards for all development occurring within the city. Other regulations and standards, adopted in other chapters or titles of the Black Diamond Municipal Code (BDMC) may also apply to particular uses or types of development and must be complied with if applicable. These include but are not limited to the following:

1.

Design guidelines and standards and associated design overlays;

2.

Environmental performance standards;

3.

Sensitive areas regulations; and

4.

Transfer of development rights.

B.

In the event of a conflict between general provisions or standards of this title and any other more specific or conflicting provision of this or other titles of this code, the more restrictive standard shall apply.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.060   Land use or zoning districts—Administration of title.

A.

To carry out the purposes of this title, the city is divided into the following zoning districts:

Residential zones:

1.

Single Family Residential—R4

2.

Single Family Residential—R6

3.

Medium Density Residential—MDR8

Commercial zones:

4.

Neighborhood Center—NC

5.

Community Commercial—CC

6.

Town Center—TC

Industrial zones:

7.

Business/Industrial Park—B/IP

8.

Industrial District—I

Other zones:

9.

Public—PUB

10.

Master Planned Development (MPD)

B.

This title shall be administered by the director of the community development department, and all references in this title to the "director" refer to that official unless otherwise specified.

C.

Interpretation of Uses. The zoning districts established by this section identify permitted categories of uses, and provide examples of the types of uses within each category in the definitions contained in Chapter 18.100.100. Each zoning district also references similar or related uses. The determination of whether a particular use is similar or related and therefore permitted within a particular district shall be an administrative decision made by the director, pursuant to the procedures identified in Chapter 18.08.

D.

Uses other than those identified or described as "permitted uses", "conditional uses" or "accessory or other uses" within each zone classification are prohibited.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.070   Determination of use category.

A.

All questions of what land use category a particular use falls within shall be determined pursuant to the procedures set forth in Chapter 18.08, using the following guidance:

1.

The use shall be consistent with the function of the use category for the particular zone as stated in the comprehensive plan and intent statement for the zone;

2.

The use shall exhibit similar environmental impacts as other permitted activities in the use category and zone; and

3.

The use shall exhibit similar operational characteristics such as traffic generation and time of operation as other permitted activities in the use category and zone.

B.

Determinations of use category by the director may be appealed according to the provisions of Sections 18.08.200—18.08.220.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.080   Official zoning map.

The boundaries of the zoning districts are hereby established and delineated on the official zoning map entitled "City of Black Diamond Zoning Map." The map is hereby incorporated as a part of this title. The official zoning map shall be maintained by the director and an official copy kept on file with the city clerk and may consist of more than one map sheet for ease of use.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.090   Interpretation of map boundaries.

A.

Rules of Interpretation. When uncertainty exists as to the boundaries of any zoning district shown on the official zoning map, the following rules shall apply:

1.

Where district boundaries are separated by a right-of-way, such boundaries shall extend to the centerline of such right-of-way. Where a district boundary and city limit are separated by a right-of-way, such boundary shall extend to such city limit;

2.

Where a district boundary is indicated as approximately following the centerline of an alley, street, highway, freeway, railroad track, creek or river, such centerline shall be construed to be the district boundary;

3.

Where a district boundary is indicated as approximately following a lot line, such lot line shall be construed to be the district boundary;

4.

Where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the official zoning map;

5.

If a district boundary was created through a site-specific rezone action, the boundary shall be determined by the legal description contained in the ordinance affecting such rezone.

B.

Uncertainty of District Boundary. If, after using the above rules, the director is unable to conclusively identify a district boundary, the planning commission shall recommend and the city council shall determine the location of the district boundary.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.100   Zoning regulations applicable within districts.

A.

Title Compliance. Except as provided elsewhere in this title:

1.

No structure shall be erected and no existing structure shall be moved, altered, reconstructed, replaced or enlarged, nor shall any land or structure be used for any purpose or in any manner other than a use listed in this title as permitted in the zoning district in which such land or structure is located.

2.

No structure shall be erected, nor shall any existing structure be moved, altered, reconstructed, replaced or enlarged to exceed in height the limit established by this title for the zoning district in which such structure is located.

3.

No structure shall be erected nor shall any structure be moved, altered, reconstructed, replaced or enlarged, nor shall any open space surrounding any structure be encroached upon or reduced in any manner, except in conformity with the development requirements established by this title for the zoning district in which such structure is located.

4.

No improvement, yard or open space on a lot shall be considered as providing improvement, yard or open space for another lot except as provided for by this title.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.110   Site plan approval required.

Site plan review, pursuant to the provisions of this code, shall be required for all non-residential development occurring within the city, and for any multi-family building or non-subdivision project containing more than four units.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.04.120   Building permit required.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the director. No building permit shall be issued unless the use:

A.

Conforms to the requirements of this title; or

B.

Has been approved by the director as a similar or related use as described in the several zoning districts; or

C.

Has been approved by the hearing examiner as a conditional use as defined in Chapter 18.28 of this title; or

D.

Has been granted a variance by the hearing examiner.

Provided, however, that the installation of a mobile home shall require a city installation (landing) permit and shall be installed and inspected in accordance with the rules and regulations of Washington Administrative Code Chapter 296-150B. Provided, further, that all city-required permits for connection to city utilities and/or permits required for all other activities related to the use of the land or construction within the city shall be acquired in accordance with the rules and regulations of the city prior to connection to city utilities or structural alteration or construction.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 948, § 1, 10-7-2010)

18.04.130   Enforcement and violations.

A.

Enforcement. The director shall administer and enforce this title. If the director finds that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall take any action authorized by this title to insure compliance with or to prevent violation of its provisions.

B.

Violation—Penalty. Any violation of any of the provisions of this title shall be subject to code enforcement action pursuant to Chapter 8.02.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 948, § 2, 10-7-2010)