Chapter 17.104 — HOW TO USE THE PLANNING AND DEVELOPMENT CODE

The development code is divided into nine divisions:

Division I-General Provisions

Division II-Zoning Districts and Land Use Regulations

Division III-Overlay Zones

Division IV-Special Planning Districts and Planned Unit Developments

Division V-Infrastructure Design and Improvement Standards

Division VI-Architectural Design and Site Development Standards, Design Review Districts, Historic Preservation, and Registered House Plans

Division VII-City-Wide Programs

• Division VIII-Administrative Matters

Division IX-General Plan and Development Code Administration

Each of the divisions is further subdivided by chapters that pertain to the various topics discussed in the division. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Three types of zoning regulations control the use and development of property:

A. Land use regulations specify land uses permitted or conditionally permitted in each zoning district, and may include special requirements for specific uses. Five types of land use regulations, along with their location in this title, are listed below:

1. Zoning districts, chapters 17.200 through 17.224;

2. Overlay zones, chapters 17.300 through 17.344;

3. Special planning districts, chapters 17.400 through 17.448;

4. Planned unit developments (PUDs), chapter 17.452. Land use regulations for PUDs are set forth in PUD schematic plans and development guidelines adopted individually for each PUD development, separate from this title; and

5. City-wide programs, chapters 17.700 through 17.720.

B. Development and design standards control the height, bulk, location, and appearance of structures on development sites. Development standards pertaining to height and density; lot width, area, and coverage; setbacks and open space; and architectural design standards are located in the individual zoning chapters in division II. Generally applicable development standards pertaining to parking; landscaping and paving; recycling and solid waste; walls, fences, and gates; and accessory structures are located in division VI. Development standards for development projects within a PUD are set forth in the project's PUD development guidelines, separate from this title.

C. Administrative regulations contain detailed procedures for the administration and enforcement of this title, including requirements for public hearings, notice, and appeals and processes for various permits and requests, including plan amendments, rezoning, site plan and design reviews, conditional use permits, and variances. Administrative regulations are located in Division VIII. (Ord. 2024-0017 § 3;Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.104.030 Land use permits, conditional use permits, subdivisions, variances, and legislative change requests.

Prior to issuance of a building permit, a developer, homeowner, or builder must obtain approval of the specific development project as provided in this title. A project must receive site plan and design review approval and be consistent with the land use designations of the general plan, any applicable specific plan, and with the zoning district in which it is located. If the use proposed for the development requires special consideration to be compatible with surrounding uses, a conditional use permit is required. If the development request does not fully comply with the regulations of this title, approval of a deviation from design guidelines or development standards, or a variance, is required. Approvals to subdivide land, including tentative maps, tentative map design deviations, post-tentative map design deviations, lot line adjustments, and mergers, are governed by this title. (Ord. 2017-0009 § 3; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Chapter 17.108 contains the definitions used within this title that are technical or specialized or may not reflect common usage. The definitions are listed in alphabetical order. Other specialized definitions may be located in various sections throughout this title. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Number of residential units. When the calculation of residential density results in a fraction, with a fractional part that is less than one-half, the number of allowed dwelling units is rounded down to the whole number. If the fractional part is equal to or greater than one-half, the number of allowed dwelling units is rounded up to the next whole number. For example, assuming a minimum lot area per unit of 1,500 square feet and a 6,750 square foot lot, divide 6,750 by 1,500, which equals 4.5. The number of units allowed on the lot is 5 units (4.5 rounded up to the whole number 5). Notwithstanding this subsection, a project shall not exceed the maximum allowed number of units permitted under the general plan designation.

B. Number of housing units for housing trust fund calculation. When the calculation of housing units and fees related to the housing trust fund program in chapter 17.708 creates an obligation to construct a fractional housing unit, that fraction shall be rounded up to an additional unit.

C. Number of parking spaces. When the calculation of the number of vehicle parking spaces required for a given land use results in a fraction, the number shall be rounded down to the next whole number. When the calculation of the number of bicycle parking spaces required for a given land use results in a fraction, the number shall be rounded up to the next whole number. (Ord. 2024-0017 § 4; Ord. 2019-0006 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Planning director to include designee. References to the planning director includes the director's designee, unless otherwise specifically defined.

B. Word construction. When used in this title, the words "must," "shall," "will," "is to," and "are to" refer to mandatory provisions. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. When a list is introduced by words such as "including," "such as," or similar words, the list is non-exclusive. When reference is made to a federal, state, or other governmental law, rule, or regulation, the reference includes any amendments thereto, unless stated otherwise.

C. Number of days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. The time in which any act is to be done is computed by excluding the first day and including the last, unless the last day is a holiday or a weekend, and then it is also excluded.

D. Minimum requirements. When interpreting and applying regulations of this title, all provisions shall be considered to be minimum requirements, unless stated otherwise. (Ord. 2017-0009 § 4; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Mailed written notice is given when placed in the U.S. mail, stamped and addressed to the intended recipient. Mailed written notice to an applicant shall be mailed to the applicant's address shown on the application.

B. Personally delivered written notice is given when delivered to the intended recipient or delivered to the intended recipient's address. Personally delivered written notice to an applicant may be delivered to the applicant's address shown on the application. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

A. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries; and

B. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary shall be determined by using the scale appearing on the zoning map. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

If a proposed use of land is not specifically listed in Divisions II, III, or IV, the use shall not be allowed, except as follows:

A. The zoning administrator may determine that a proposed use that is not listed is allowable if all of the following findings are made:

1. The characteristics of, and activities associated with, the proposed use are substantially similar to those of one or more of the uses listed as allowable in that zoning district, and will not involve a higher level of activity or population density than the uses listed in the district;

2. The proposed use will meet the purpose and intent of the zoning district that is applied to the site; and

3. The proposed use will be consistent with the goals, objectives, and policies of the general plan.

B. When the zoning administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply.

C. The zoning administrator may forward questions about equivalent uses directly to the planning and design commission for a determination at a public hearing. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Other zoning title provisions. If conflicts occur between requirements of this title, the most restrictive applies.

• B. City code provisions. If conflicts occur between the provisions of this title and other provisions of this code, the most restrictive applies.

C. General plan and specific plans. When conflicts occur between the requirements and standards of this title and requirements and standards established in the general plan or a specific plan, the requirements and standards of the general plan or specific plan apply. Density standards and floor area ratios established in this title shall not be deemed to conflict with the general plan or a specific plan unless the density standards and floor area ratios established in this title exceed those established in the general plan or a specific plan.

D. Planned unit development (PUD) guidelines. When conflicts occur between the requirements of this title and development guidelines adopted for a PUD, the requirements of the PUD development guidelines apply.

E. Private agreements. It is not intended that the requirements of this title interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this title became effective. This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of buildings, structures, or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The director of parks and recreation, the director of public works, and the director of utilities are responsible for and have the authority to interpret the provisions of this title assigned to them. In all other instances, the zoning administrator is responsible for and has the authority to interpret the provisions of this title. (Ord. 2017-0009 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

An interpretation of this title by the zoning administrator is subject to appeal to the planning and design commission under section 17.812.060. The zoning administrator may refer any interpretation of this title to the planning and design commission for a determination. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Measurements under division II of this title. When applying division II of this title, distance from an existing or proposed light rail station platform is measured along the shortest route using existing public ways from the center of the light rail station platform to the nearest property line of the affected parcel.

B. Measurements under all other divisions of this title. When applying all divisions of this title other than division II, distance from an existing or proposed light rail station is measured in a straight line from the center of the light rail station platform to the nearest property line of the affected parcel. (Ord. 2020-0006 § 3)