Ordinance 388 Zoning Annexation
418
ORDINANCE NO. 388
AN ORDlNANCE OF THE CITY OF YELM
AMENDING THE ZONlNG QRDINANCE AND YELM MUNICIPAL CODE
TO PROVIDE FOR ZONlNG CLASSIFlCAT10N OF PROPERTY UPON ANNEXATION
WHEREAS, the City Council of Yelm finds that appropriate zoning of a territory
subject to annexation may, in certain cases, be determined by reference to that portion
already within the City of Yslm;
WHEREAS, the City Council finds that under certain circumstances it is in the best
interests of the City to have an option for annexation of property to the City prior to
determination of final zoning; and
WHEREAS, in either case, the zoning upon annexation should be similar to that of
the surrounding area and not contrary to the adopted plans of the City of Yelm.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE CITY COUNCIL OF THE
CITY OF YELM:
§ 1. Municipal Code and Zonina Ordinance Amendment.
There is hereby added to the Municipal Code of Yelm § 17.12.100, which is to read
as follows:
§ 17. y 2.100. Zoning of Annexed Land
A. Unlsss otherwise classified by ordinance, any land
or territory annexed to the City which is exempt from review
by a~a~ur,dary re~: is:~r board pursuant tQ RCY`: 3E.93.' 05, as
currentty constituted or hereafter amended, shall receive a
zoning classification which is the same as the contiguous
territory inside the previous city limits. Should such land or
territory be contiguous with more than one classification, the
boundary between the two districts shall be extended in a
straight line through the annexed territory. The Official Zoning
Map shall be amended accordingly.
B. Unless otherwise classified by ordinance, any land
or territory annexed to the City which is not subject to
§ 17.12.100(A) of this Code shall receive that zoning
classification which is most nearly equivalent to that under
~
~
419
which it was zoned in Thurston County. Equivalence shall be
determined by reference to the "Comparable Zone Table"
which is made a part of this Code by reference. Should any
similar table be adopted by the City as part of a"Joint Plan"
or other document, such table shall supersede the above-
referenced table.
Upon a finding by the City Council that no nearly
equivalent zone exists, ap applicable provisions of the Zoning
Ordinance of Thurston County as in force on the date of
annexation shall remain in full force and effect and by
reference are made a part of the Municipal Code and Zoning
Ordinance of the City of Yelm until such time as the zoning
classification shall be amended by an ordinance of the City.
The Officia! Zoning Map shall be amended accordingly.
§2. Eff~ct of Non-Conformance with Plan.
Should the City Council or a court of law conclude that any zoning classification
~ resulting from application of this ordinance does not conform with an adopted
~ Comprehensive Plan of the City of Yelm, such zoning shall nonetheless remain in effect
C.~ until such time as the City Council has determined and enacted appropriate zoning.
~
G~' §3. Severabilitv.
If any provision of this ordinance or its application to any person or circumstances
is held invalid, the remainder of the ordinance or the application of the provision to other
persons or circumstances is not affected.
§ 4. Effective Date.
This ordinance shall be effective on and after 12 ~ ~ 9 90
a
MAYOR
Approved as to form: Attest:
_ % ~
City Attorney City Clerk ~
Passed: Nav~r 28, 1990
Approv+ed: Noveccber 28, 1990
Publi.shed: D~bc~x 6, 1990
2
i