Chapter 23.113 — Zoning Certification

Zoning certification is an administrative procedure to certify that a proposed structure or land use is allowed in the applicable zoning district and that the project complies with all applicable requirements of the zoning code. This includes building permit plan check, business license review, home occupations, sign permits, and similar activities that require a compliance check with regard to zoning code provisions.

(Ord. 27-2008 § 1 (Exh. A § 1.5.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 4-2024 § 3 (Exh. A))

Zoning certification is required:

• A. Prior to obtaining a building permit, sign permit, or other ministerial permit where planning approval is required.

• B. Prior to obtaining a business license, including home occupations (see also home occupation standards in RCMC § 23.901.030 (Home occupations)).

• C. Prior to the establishment of any land use allowed as a permitted ("P") use in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) that involves no construction requiring a building or other permit.

(Ord. 27-2008 § 1 (Exh. A § 1.5.020); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))

No application is required for zoning certification. (Ord. 4-2017 § 3 (Exh. B))

Zoning certification is a nondiscretionary decision by the director as outlined in RCMC § 23.104.030 (Recommending and approval authority).

(Ord. 4-2017 § 3 (Exh. B))

No public hearing is required for review and processing of a zoning certification. (Ord. 4-2017 § 3 (Exh. B))

A notice of decision shall be rendered as follows:

• A. Approval. Approvals shall be indicated with a stamp, city staff signature, or other official notation on approved plans. A letter may also be provided to the applicant if warranted at the discretion of the director.

• B. Denial. Denials shall be indicated in writing to the applicant. (Ord. 4-2017 § 3 (Exh. B))

The approval authority shall approve the zoning certification after finding all of the following. If the approval authority does not make all of these findings, the zoning certification shall not be approved.

• A. Existing site improvements and/or structures comply with all applicable requirements of this zoning code.

• B. New improvements comply with the standards and requirements of this zoning code and other applicable regulations. (Formerly 23.113.030; Ord. 27-2008 § 1 (Exh. A § 1.5.030); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))

In approving a zoning certification, the approval authority may impose reasonable conditions of approval to ensure that all applicable criteria are met.

(Ord. 4-2017 § 3 (Exh. B))

Zoning certifications are not subject to appeal. If, however, a zoning certification requires a similar use determination, then the appeal procedures under Chapter 23.122 RCMC shall apply to the similar use determination. (Ord. 4-2017 § 3 (Exh. B))

Zoning certifications shall not expire. (Ord. 4-2017 § 3 (Exh. B))

An applicant may request an amendment to a zoning certification after the final written decision is issued. Amendments shall be processed in accordance with RCMC § 23.110.180 (Amendments). (Ord. 4-2017 § 3 (Exh. B))