14.10.040 General provisions.
A. Except as provided in this title, the following general provisions apply:
1. References to this title shall also include the applicable provisions of CEMC Titles 12, 15, 16, 17, and 18 as determined by the city.
2. No land, building, structure, or premises shall be used, designed, or intended to be used for any purpose or in any manner other than in a use listed in this title or amendment thereto as permitted in the zone in which such land, building, structure, or premises is located.
3. No designated yards or open spaces surrounding any building or structure shall be encroached upon or reduced in any manner except in conformity with the building site, area and yard requirements established by this title, nor shall any yard or open space associated with any building or structure for the purpose of complying with the requirements of this title or amendments thereto be considered as providing a yard or open space for any other building or structure.
4. No building or structure shall be erected or moved onto a site and no existing building or structure shall be altered, enlarged, or reconstructed except in conformity with this title. Nor shall any building or structure be erected or structurally altered to exceed in height the limit established by this title or amendment thereto for the zone in which such building or structure is located.
5. No building or permanent structure shall be permitted over a utility easement.
B. Nothing contained in this title shall require any change in any existing building or structure, construction or planned use of a proposed building, which would conform to the zoning regulations then in effect and for which building permit plans are on file in City Hall prior to the effective date of the ordinance codified in this title and the construction of which building or structure shall have been started within the time requirements of such building permit and diligently worked upon to its completion, unless by some other operation of applicable law.
C. In cases where multiple lots, parcels, or tracts will all be used for one building site, and in particular those cases where a structure is proposed to be built across a property line, the lots, parcels, or tracts shall be consolidated into one lot, parcel, or tract. The consolidation shall be prepared by the owner(s) or their representative and reviewed by the city in the same manner as a boundary/lot line adjustment and shall be filed with the county assessor and recorded at the office of the county auditor.
D. No land uses in violation of local, state, or federal law shall be allowed in any zone within the city of Cle Elum and are hereby expressly prohibited.
E. All development activities proposed for lots that may contain or that may be adjacent to environmentally sensitive areas shall comply with the applicable provisions of CEMC Chapter 18.01, or as subsequently amended.
F. All development activities proposed for lots that may contain or that may be adjacent to shoreline areas under the jurisdiction of the Washington State Shoreline Management Act shall comply with the applicable provisions of CEMC Chapter 18.02, or as subsequently amended.
G. Development activities proposed for parcels that may contain properties on or eligible for inclusion on the Cle Elum, state of Washington, and/or National Register of Historic Places shall comply with the applicable provisions of CEMC Chapter 15.22, or as subsequently amended.
H. Upon discovery of any human remains, artifacts, or evidence of potential archaeological or cultural resources, all construction activities or uses authorized under this title shall be suspended pending authorization to proceed from the city and/or the Washington State Department of Archaeology and Historic Preservation, in accordance with the provisions of state and federal law, including, but not limited to, RCW 27.44.055, 68.50.645, and 68.60.055.
1. If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity shall cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the Washington State Department of Archaeology and Historic Preservation (DAHP) provides notice to proceed. The finding of human skeletal remains shall be reported to the Cle Elum police department and the Kittitas County coroner in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or nonforensic. If the county coroner determines the remains are nonforensic, then they will report that finding to the Department of Archaeology and Historic Preservation who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or non-Indian and report that finding to any appropriate cemeteries and the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Colville Reservation, and the Snoqualmie Tribe. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains.
2. If ground disturbing activities encounter artifacts, or evidence of potential archaeological or cultural resources during the course of construction, then all activity shall cease that may cause further disturbance to those items. The project sponsor shall immediately contact the Cle Elum planning department to determine how best to secure the site and to consult with the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Colville Reservation, the Snoqualmie Tribe, and the DAHP.