Section
General Provisions
151.001 Title
151.002 Purposes
151.003 Highest standard applies
151.004 Requirement versus guideline
151.005 Lot of record and legal determination
151.006 Code interpretations
151.007 Enforcement
151.008 Definitions
151.009 Calculations
151.010 Dwellings located outside city limits
Establishment of Zones and Overlay Zones
151.020 Zones
151.021 Overlay zones
151.022 Zoning classifications
151.023 Location of zones and overlay zones
151.024 Zoning map
151.025 Zoning of annexed areas
Residential Zoning Regulations
151.035 Purpose
151.036 Permitted land uses in residential zones
151.037 Development standards for residential zones
151.038 Accessory uses and structures
Nonresidential Zoning Regulations
151.050 Purpose
151.051 Community Facilities Zone; permitted land uses
151.052 Commercial zones; permitted land uses
151.053 General Industrial Zone; permitted land uses
151.054 Development standards for nonresidential zones
Overlay Zones
151.065 Historic Resource Overlay Zone H
Special Use Standards
151.075 Accessory dwelling unit
151.076 Manufactured home park
151.077 Home occupations
151.078 Live/work residence
151.079 Commercial uses in residential zones
151.080 Medical marijuana and recreational marijuana
151.081 Drive-through facilities
151.082 Bed and breakfast
151.083 Auto wrecking yards or junk yards
151.084 Natural resource extraction
151.085 Temporary uses
General Exceptions to Standards
151.095 General exceptions to lot size requirements
151.096 General exceptions to front yard requirements
151.097 General exception to building height limitations
151.098 Projections from buildings
Commercial Building Design
151.110 Purpose
151.111 Applicability
Residential Building Design
151.125 Purpose
151.126 Residential design standards
151.127 Design standards for cottage clusters
On-Site Pedestrian Access and Circulation
151.140 Purpose
151.141 Applicability
151.142 Standards
Landscaping, Screening and Fencing
151.155 Landscaping requirements
151.156 Screening and buffering
151.157 Fences
Parking and Loading
151.170 Purpose
151.171 General provisions
151.172 Number of required parking spaces
151.173 Parking determination
151.174 Off-street parking design standards
151.175 Parking lot landscaping
151.176 Parking lot enclosure and screening
151.177 Bicycle parking
151.178 Off-street loading requirement
Outdoor Lighting
151.190 Purpose
151.191 Applicability
151.192 Standard
Vision Clearance Requirements
151.205 Vision clearance requirements
Public Facilities
151.215 Transportation facilities
151.216 City may require traffic impact analysis
151.217 When traffic impact study is required; preparation
151.218 Performance bonds
Applications and Review Procedures
151.230 Purpose and applicability
151.231 Type I procedure (staff review and zoning checklist)
151.232 Type II procedure (administrative review with notice)
151.233 Type III procedure (quasi-judicial review; public hearing)
151.234 Type IV (legislative decisions)
151.235 Time limit, consolidated review and City Planning Official's duties
151.236 Neighborhood contact
151.237 Filing fees
151.238 Time limit on land use approvals
Site Design Review
151.250 Purpose
151.251 Applicability
151.252 Review procedure
151.253 Application submission requirements
151.254 Approval criteria
151.255 Assurances
151.256 Compliance with conditions, permit expiration and modifications
Conditional Use Permits
151.270 Purpose
151.271 Approvals process
151.272 Application submission requirements
151.273 Criteria, standards and conditions of approval
Modifications to Approved Plans and Conditions
151.285 Purpose
151.286 Applicability
151.287 Major modifications
151.288 Minor modifications
Amendments to Comprehensive Plan Map,
Zoning Map or Code
151.300 Purpose
151.301 Authorization to initiate and approve amendments
151.302 Procedure
151.303 Criteria
151.304 Record of amendments
151.305 Transportation planning rule compliance
151.306 Limitation on reapplications
Adjustments and Variances
151.320 Purpose
151.321 Intent
151.322 Adjustments
151.323 Variances
151.324 Expiration
Master Planned Developments
151.335 Purpose
151.336 Applicability
151.337 Review and approvals process
151.338 Modifications to development standards
151.339 Concept plan submission
151.340 Concept plan approval criteria
151.341 Concept plan and expiration
151.342 Detailed development plan submission
151.343 Detailed development plan approval criteria
151.344 Subsequent development reviews
Nonconforming Situations
151.355 Purpose and applicability
Flood Damage Prevention
151.365 Purpose
151.366 Definitions
151.367 Applicability
151.368 Basis for establishing the area of special flood hazard
151.369 Penalties for nonconformance
151.370 Abrogation and severability
151.371 Interpretation
151.372 Warning and disclaimer of liability
151.373 Establishment of development permit
151.374 Designation of local Floodplain Administrator
151.375 Duties and responsibilities of the local administrator
151.376 General standards
151.377 Specific standards
151.378 Before regulatory floodway
151.379 Floodway
151.380 Standards for shallow flooding areas (AO Zones)
151.999 Penalty
GENERAL PROVISIONS
The several purposes of this chapter are: to encourage the most appropriate use of land; to conserve and stabilize the value of property; to aid in the rendering of fire and police protection; to provide adequate open space for light and air; to lessen the congestion on streets; to give an orderly growth to the city; to prevent undue concentrations of population; to facilitate adequate provisions for community utilities and facilities such as water, sewage, electrical distribution systems, transportation, schools, parks, and other public requirements; to promote economic prosperity; and in general to promote public health, safety, convenience, and general welfare.
(Ord. 2021-08-02, passed 10-12-2021)
The use of the word "shall," "must," "required," or similar directive terms, means the Code provision is a requirement. The use of the word "should," "encouraged," "recommended," or similar terms, means the provision is a guideline, which may be imposed as a requirement, but only where the applicable code criteria allow the city decision-making authority to exercise such discretion.
(Ord. 2021-08-02, passed 10-12-2021)
The Planning Official, through a Type I land use decision procedure, shall process requests to validate a lot of record. A property owner may request the city deem a lot or parcel a "lot of record." The City Planning Official shall find that a lot of record exists when a lot or parcel was lawfully created prior to the effective date of this Code. Two or more lawfully created lots or parcels subject to a lot of record validation request which are nonconforming to the zoning code, contiguous and under identical ownership shall be combined into one lot of record, except if the creation of the lot(s) or parcel(s) was approved by the city or Washington County under applicable partition or subdivision regulations. A lot of record determination does not authorize a use or development that does not comply with other provisions of this Code. When decided by the Planning Commission, appeals are made to the City Council and subsequently to the Land Use Board of Appeals.
(Ord. 2021-08-02, passed 10-12-2021)
Some terms or phrases within this Code may be unclear or have 2 or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text.
(A) Authorization of similar uses. Where a proposed use is not specifically identified by this Code, or the Code is unclear as to whether the use is allowed in a particular zone, the Planning Official may find the use permitted or allowed subject to conditional use permit only if it is found to be similar to another use that is permitted or allowed conditionally in the subject zone. However, uses and activities that this Code specifically prohibits in the subject zone, and uses and activities that the Planning Official finds are similar to those that are prohibited, are not allowed.
(B) Code interpretation procedure. Requests for code interpretations, including but not limited to similar use determinations, shall be made in writing to the Planning Official and shall be processed as a Type II review per § 151.232.
(1) The Planning Official may request the matter be heard by the Planning Commission through a Type III process. If so, the Planning Official within 14 days of the inquiry shall advise the person making the inquiry in writing as to when the Planning Commission will make a formal interpretation.
(2) Where an interpretation requires discretion, the Planning Official shall inform the person making the request that Planning Commission review is required and advise the applicant on how to make the request. At a minimum, an application for code interpretation shall include a letter citing the nature and reasons for the request and the city fee for quasi-judicial review. The Planning Commission then shall review relevant background information, including but not limited to other relevant Code sections and previous city land use decisions, and follow the quasi-judicial review and public hearing decision making procedures in § 151.233.
(C) Referral to City Council. Where a code interpretation may have significant citywide policy implications, the Planning Commission may bypass the Type III procedure and refer the request directly to the City Council for its legislative review in a public hearing; such public hearings shall be conducted following the procedure of § 151.234.
(D) Written interpretation. Following the city decision on a code interpretation application, the Planning Official shall mail or deliver the city's decision in writing to the person requesting it, to any other person who specifically requested a copy of the decision, and to those who provided public testimony, as applicable. The decision shall become effective when the appeal period for the decision expires.
(E) Interpretations on file. The city shall keep on file a record of its code interpretations.
(Ord. 2021-08-02, passed 10-12-2021)
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