Chapter 23.149 — Special Planning Areas

A special planning area is a land use zone and implementing document that allows for the development of unique and imaginative projects that are otherwise not possible under the current provisions of the zoning code or to protect unique environmental, historic, architectural, and other features that require special consideration. (Ord. 27-2008 § 1 (Exh. A § 1.17.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

A special planning area may be adopted to accomplish the following:

• A. Protect a unique environmental, historical, architectural, or other significant site feature that cannot be adequately protected by adoption of another land use zone.

• B. Allow the development of an exceptional project design that cannot be built under an existing zoning district or due to constraints of existing development standards.

• (Ord. 27-2008 § 1 (Exh. A § 1.17.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

An application for a special planning area shall be filed in accordance with RCMC § 23.110.040 (Application requirements). (Ord. 27-2008 § 1 (Exh. A § 1.17.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Special planning areas are a discretionary decision by the council pursuant to RCMC § 23.104.030 (Recommending and approval authority).

(Ord. 4-2017 § 3 (Exh. B))

A public hearing and hearing notice shall be required for review and processing of a special planning area in accordance with the following:

• A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC § 23.110.120 (Notice of public hearing).

• B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC § 23.110.130 (Public hearing procedures). (Ord. 4-2017 § 3 (Exh. B))

The notice of decision shall be issued pursuant to RCMC § 23.110.140 (Notice of decision). (Ord. 4-2017 § 3 (Exh. B))

[1] Code reviser's note: This section was added at the city's request. It was inadvertently omitted from Ord. 4-2017.

The council may approve or approve with conditions an application for a special planning area after finding all of the following. If the council does not make all of these findings, the special planning area shall not be approved.

• A. The proposed special planning area is consistent with the goals, policies, and objectives of the General Plan.

• B. The proposed special planning area meets the requirements set forth in this chapter.

• C. The special planning area is needed because the project is not possible under the existing zoning requirements. (Formerly 23.149.060; Ord. 27-2008 § 1 (Exh. A § 1.17.060); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The approval authority may require modifications to the special planning area in whole or in part to ensure consistency with the General Plan and conformance with all applicable provisions of this title. (Ord. 4-2017 § 3 (Exh. B))

Special planning areas are not subject to appeal. (Ord. 4-2017 § 3 (Exh. B))

Special planning areas shall not expire. (Ord. 4-2017 § 3 (Exh. B))

Special planning areas may be amended following approval in the same manner as the original application. (Ord. 4-2017 § 3 (Exh. B))

• A. A special planning area must contain sufficient detail to allow the review body to implement its provisions and to describe to subsequent developers how properties within a special planning area may be developed.

• B. Where no specific standard is contained in a special planning area ordinance (e.g., parking, landscape standards, signs), the applicable provisions of the zoning code shall apply as determined by the director.

• C. A special planning area shall be clearly designated on the zoning map and incorporated into the zoning code as an appendix. (Formerly 23.149.050; Ord. 27-2008 § 1 (Exh. A § 1.17.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))