§ 6.04.0225. General requirements.  


Latest version.
  • 1.

    Application. All land and structures shall be used and constructed in compliance with the regulations and requirements of this ordinance, including obtaining all permits prior to construction/use inauguration, as applicable.

    2.

    Conflicting Permits and Licenses to Be Voided. All permits or licenses shall be issued in compliance with the provisions of this ordinance. Any permit or license issued in conflict with this ordinance is null and void.

    3.

    Similar Uses Permitted. When a use is not specifically listed in this ordinance, it shall be understood that the use is not permitted unless it is first determined by the director to be similar to other uses listed.

    It is further recognized that every conceivable use can not be identified in this ordinance, and anticipating that new uses will evolve over time, this subsection establishes the director's authority to compare a proposed use and measure it against those listed in this ordinance.

    In determining "similarity" the Director shall first make all of the following findings:

    A.

    The proposed use shall meet the intent of and be consistent with the goals, policies and objectives of the general plan;

    B.

    The proposed use shall meet the stated purpose and intent of the zoning district in which the use is proposed;

    C.

    The proposed use shall not adversely affect the public health, safety and general welfare of the city's residents; and

    D.

    The proposed use shall share characteristics common with, and not be of greater density/intensity or generate more adverse environmental effects than, those uses listed in the zoning district in which the use is proposed.

    The proposed use shall be processed under the same permit entitlement (i.e., development permit or conditional use permit) as the similar use(s) listed in the zoning district.

    4.

    Minimum Requirements. The regulations and provisions of this ordinance are the minimum requirements, unless otherwise stated.

    5.

    Conflict with Other Regulations. Nothing in this ordinance shall be deemed to repeal or amend the building code, other ordinances or regulations or any specific provisions, requiring a permit or license or both, of the city except as otherwise provided for in this ordinance. Where conflicts occur between the provisions of this ordinance and the building code or other regulations of the city, the more restrictive provisions shall apply.

    It is not intended that this ordinance shall interfere with, repeal, abrogate or annul any private easement, covenant, or other agreement in effect at the time of adoption. Where this ordinance imposes a greater restriction upon the use of land or structures, the provisions of this ordinance shall apply.