Des Moines City Zoning Code
Division I
GENERAL PROVISIONS
Ord- 1835_0
Ord- 1838_1
§ 18.01.010 Title.
This Title shall be known as "Zoning." This chapter shall be entitled "General Provisions."
(Ord. 1591 § 1, 2014)
§ 18.01.020 Application.
This chapter shall be applicable to all chapters contained within this Title. The provisions adopted by this Title shall be applicable to all zones in the City and all zoning actions, as specified in this Title.
(Ord. 1591 § 2, 2014)
§ 18.01.030 Purpose.
The purpose of this Title is to implement the purposes of the Comprehensive Plan and to classify uses and to regulate the location of such uses in such manner as to group as nearly as possible those uses which are mutually compatible, and to protect each such group of uses from the intrusion of incompatible uses which would damage the security and stability of land and improvements and which would also prevent the greatest practical convenience and service to the citizens of Des Moines. It is also recognized that intrusion of uses in one zone upon uses in another lighter zone may also result from effects reaching across boundary lines separating contiguous zones due to noise, smoke, equipment, open air activity, or other features. To further accomplish the goal of compatibility, varying degrees of regulations are established for certain uses in the Commercial and Business Park Zones when such uses are contiguous to lighter zones. A further purpose of this Title is to make it possible for Des Moines to efficiently and economically design, install, and operate physical public service facilities in terms of type, size, and capacity, including streets, sewers, drains, schools and other public buildings, to adequately and permanently meet the ultimate requirements as determined by a defined intensity and type of land use; to require an orderly arrangement of essential related facilities with particular reference to the movement of people and goods, including the traffic pattern and well-located and well-designed off-street parking areas and, through the medium of the zoning map which is a part of this Title, to establish the geographical location and boundaries of the zones to which the different zones will apply.
A further purpose of this Title is to establish required minimum lot area, yards and open spaces as a means of providing a suitable environment for living, business and industry, and to maintain reasonable population densities and reasonable intensities of land use, all for the general purpose of conserving public health, safety, morals, convenience, and general welfare.
(Ord. 1591 § 3, 2014)
§ 18.01.040 Authority.
§ 18.01.050 Definitions.
As used in this Title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
means a use, a building or structure, part of a building or other structure, which is subordinate to and the use of which is incidental to that of the main building, structure, or use on the same lot, including a private garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building.
means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other middle housing unit. An ADU can be a detached structure or an attached part of a structure that is subordinate and incidental to the main or primary dwelling unit. ADUs provide complete independent living facilities exclusive for one or more persons and that include provisions for living, sleeping, eating, cooking, and sanitation. References to "accessory living quarters" or "ALQs" throughout the DMMC shall mean "accessory dwelling units" or "ADUs" and may be used interchangeably.
means a development permit process where an application is reviewed, approved, or denied by the Director or the Director's designee based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by state or federal law, or the structure is a designated historic property of local significance, King County landmark, or located within a historic district in accordance with chapter 18.215 DMMC.
means a commercial bathhouse which excludes any person by virtue of minimum age from all or any portion of the premises.
means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar entertainers, and which excludes any person by virtue of minimum age from all or any portion of the premises.
means adult cabarets, adult retail uses, adult massage parlors, adult sauna parlors, adult bathhouses, and adult motion picture theaters, which are further more specifically defined below.
means a regular family abode of a person or persons who are providing personal care, room, and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Department of Social and Health Services determines that the home is of adequate size and that the home and the provider are capable of meeting standards and qualifications as provided for in chapter 70.128 RCW as presently constituted or as may be subsequently amended or recodified. For the purpose of this section, an "adult" is a person who has attained the age of 18 years.
means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of minimum age from all or any portion of the premises in which such service is provided.
means an enclosed building used for presenting motion picture films or video tapes or any other visual media distinguished or characterized by an emphasis on, matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this zoning code, for observation by patrons therein.
means any goods, products, commodities, or other wares, including, but not limited to, videos, CDs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.
means a retail establishment which, for money or any other form of consideration, either:
Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult oriented merchandise; or
Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult oriented merchandise.
means a commercial sauna parlor which excludes any person by virtue of minimum age from all or any portion of the premises.
means the mast and all attached antennas of only a commonly used and commercially available type, excluding parabolic antennas such as microwave dishes, which are used to transmit or receive any portion of the radio spectrum.
means a room, or a suite of two or more rooms, in a multiple dwelling or in any other building not a single-family dwelling or a duplex dwelling occupied or suitable for occupancy as a dwelling unit for one family.
means a building, or a portion of a building, designed for occupancy by three or more families living separately from each other and containing three or more dwelling units.
means a consolidated or unconsolidated ground water-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells.
means a manmade grade created by means of earthen terraces, berms, fills, or the like, specifically for the purpose of gaining a height advantage or disguising the true height of a structure.
means an open area, other than a street, used for the display, sale, or rental of new or used automobiles, boats, or trailers, and where no repair work is done except minor incidental repair of automobiles, boats, or trailers to be displayed, sold, or rented on the premises.
means a vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation, including a trailer coach, camper, mobile home, or any self-propelled vehicle having a body designed for or converted to the same use as a house trailer.
means an occupancy which provides for:
The servicing of motor vehicles and operations incidental thereto limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging, and replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; and installation of accessories.
The following operations if conducted within a building: lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders, lines, and brake shoes; wheel balancing; the testing, adjustment, and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, sparkplugs, voltage regulators, water and fuel pumps, water hoses, and wiring.
means that portion of a building having its floor subgrade below ground level on all sides as defined by the International Building Code.
means the City Council.
means either: an area adjacent to hillsides which provides the margin of safety through protection of slope stability, attenuation of surface water flows and landslide, seismic, and erosion hazards reasonably necessary to minimize risk to the public from loss of life, well-being, or property damage resulting from natural disasters; or an area adjacent to a stream or wetland which is an integral part of the stream or wetland ecosystem, providing shade; input of organic debris and coarse sediments; room for variation in stream or wetland boundaries; habitat for wildlife; impeding the volume and rate of runoff; reducing the amount of sediment, nutrients, and toxic materials entering the stream or wetland; and protection from harmful intrusion to protect the public from losses suffered when the functions and values of stream and wetland resources are degraded.
means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this Title requires that a use shall be within an entirely enclosed building, then the term "building" means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed.
means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the height of the highest gable of a pitch or hip roof.
means a parcel of land assigned to a use, to a main building, or to the main building and its accessory buildings, together with all yards and open spaces required by this Title, whether the area so devoted is comprised of one lot, a combination of lots, or combination of lots and fractions of lots.
means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, a one-family dwelling unit and residences on site for nuns and clergy, but excluding facilities for training of religious orders.
shall have the meaning given such term in DMMC § 18.20.240.
means a building site, exclusive of public rights-of-way, or building dedicated to the parking of more than 10 passenger vehicles, serving patrons, occupants, and/or employees of a permitted use(s) not located on the site of the parking facility.
means an area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds, and other similar uses whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee.
means the replacement, enhancement, or creation of an undevelopable environmentally critical area equivalent in functions, values, and size to those being altered or lost from development.
means a use permitted in one or more zones as defined by this Title but which use because of characteristics peculiar to it, or because of size, technological processes, or type of equipment, or because of the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be inimical to the public interest.
means the documented evidence of authority granted by the Board of Adjustment to locate a conditional use at a particular location.
means:
In the Residential Zones, a building which is considered to be a residential building by the building code, and other buildings designed to accommodate uses permitted in these zones and which buildings also conform to the requirements of this Title in the matter of use, height, yards, and area coverage, and which do not contain more than the number of dwelling units prescribed for the zone in which such buildings are located.
In the Commercial Zones, a building which is considered under the building code as a building designed to accommodate uses permitted in the Commercial Zones.
means an activity the nature and type of which is permitted in the zone in which the property on which it is established is located.
means a lot situated at the intersection of two or more streets, the street frontages of which lot form an angle not greater than 128 degrees, and not less than 45 degrees.
means residential units on a lot with a common open space that either: (a) is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. Cottage housing is further defined as units having at least 500 square feet but no more than 1,600 square feet per unit.
means any portion of the interior of a lot or building site which is fully or partially surrounded by buildings or other structures and which is not a required yard or open space.
means attached dwelling units arranged on two or three sides of a yard or court.
means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. "Dangerous waste" also is any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such a quantity or concentration as to pose a substantial hazard or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties or are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. Moderate risk waste is not a dangerous waste.
means the date the final decision or determination is rendered or issued, unless specified otherwise by law.
means the "site area" less the following areas:
Areas within a project site that are required to be dedicated for public rights-of-way;
Environmentally critical areas and their buffers to the extent they are required by the City to remain undeveloped;
Areas required for storm water control facilities, including but not limited to retention/detention ponds/vaults, biofiltration swales and setbacks from such ponds and swales;
Areas required by the City to be dedicated or reserved as on-site recreation areas;
Other areas, excluding setbacks, required by the City to remain undeveloped.
means any work, condition, or activity which requires a permit or approval under Title 11, 12, 14, 16, 17 DMMC or this Title.
means the controls placed on development or land use activities by the City, including, but not limited to, zoning codes, critical areas ordinances, shoreline master programs, official controls, planned unit development codes, subdivision codes, and binding site plan codes together with any amendments thereto.
means a residential building comprised of two attached dwelling units. Duplexes may contain units that are not at ground level.
means a building designed exclusively for residential purposes, including one-family, duplex, triplex, fourplex, fiveplex, sixplex, townhouse, stacked flats, courtyard apartments, cottage housing, and multiple dwellings, which is constructed in accordance with DMMC Title 14, Buildings and Construction, as presently constituted or as may be subsequently amended, but not including hotels or motel units having no kitchens.
means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
means any institution of learning giving general academic instruction in the several branches of learning and study required by the education code of the state to be taught in the public and parochial schools.
means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that are intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.
means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.
means a facility licensed by the Washington State Department of Social and Health Services under chapter 70.97 RCW.
means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities.
include those facilities that are typically difficult to site, as defined in RCW 36.70A.200 and WAC 365-196-560, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, enhanced services facilities, and secure community transition facilities as defined in RCW 71.09.020.
means those wastes identified in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. Extremely hazardous waste is also disposal of hazardous waste at any facility in such quantities that would pose a significant danger to man or the environment or any waste that persists in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife or is highly toxic to man or wildlife.
means a licensed day care provider who regularly provides day care for not more than 12 children in the provider's home in the family living quarters.
means the most restricted zone in which a particular use is indicated as a permissible use.
means a residential building with five attached dwelling units.
means a total floor area within the walls of all buildings on a lot or building site, except for the spaces therein devoted to vents, shafts and light courts and except for the area devoted exclusively to loading and unloading facilities and to parking of motor vehicles.
means a residential building with four attached dwelling units.
means an area extending across the full width of the lot and lying between the lot front line and a line drawn parallel thereto, and at a distance therefrom equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the lot front line, or by the radial line or radial line extended in the case of a curved lot front line.
means the average of the finished ground level at the center of all exterior walls of a building. In case walls are parallel to or within five feet of a sidewalk, the sidewalk shall be considered the finished ground level.
means a manmade grade created by means of earthen terraces, berms, fills, or the like, specifically for the purpose of gaining a height advantage or disguising the true height of a structure.
means the highest elevation of the sidewalk parallel to the building frontage.
means the mathematical average of the highest and lowest elevations of the sidewalk parallel to the building frontage. Mean average sidewalk grade is a horizontal plane at a specific elevation.
means the mathematical average of the highest and lowest elevations of the public right-of-way parallel to the building frontage. Mean average street frontage grade is a horizontal plane at a specific elevation.
means the average elevation of a sidewalk, abutting a commercial street, as designed by the City, along the public street line; except that for the west side of Marine View Drive South, median sidewalk grade shall be defined as the average elevation of the alley extending mid-block between 7th Avenue South and Marine View Drive South. For properties lying between Marine View Drive South and 8th Avenue South, sidewalk grade shall be established at Marine View Drive grade elevations.
means the area included within the surrounding exterior walls of a structure or building expressed in square feet and fractions thereof. The gross floor area of structure or building not provided with surrounding exterior walls shall be the area under each outer edge of the roof.
means more than two separate buildings, each containing one or more dwelling units.
means any solid, liquid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any characteristics or criteria of hazardous waste as described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103.
means any dangerous waste or extremely hazardous waste. Moderate risk waste is not a hazardous waste.
means any institution of learning giving general academic instruction in the several branches of learning and study required by the education code of the state to be taught in the public and parochial schools.
means the highest elevation of the sidewalk parallel to the building frontage.
means the Historic Properties Survey: City of Des Moines as prepared on October 14, 1994, for the City. A copy of this survey is maintained on file in the office of the City Clerk and in the office of the Planning, Building and Public Works Director and is available for public inspection.
means an occupation customarily incident to the use of the premises as a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on; provided, such occupation is carried on by a member of the family residing within the dwelling place.
means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and is licensed by the state to provide facilities and services in surgery, obstetrics, and general medical practice, excluding substance abuse facilities and mental hospitals.
means an institution specializing in treatment of mental illness, licensed by the state to provide such services.
means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, and in which building may be included one apartment for use of the resident manager, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed or detained under legal restraint.
means no more than three unrelated, or an unlimited number of individuals who are related. This definition does not limit the number of residents if the limit prevents the City from making reasonable accommodations to disabled persons to afford them equal opportunity to use and enjoy a dwelling at required by federal or state law.
means a lot other than a corner lot or a reverse corner lot.
means a lot within a planned unit development or townhouse development for the purpose of separate ownership of dwellings or for undivided ownership of common areas and facilities. An internal lot will also be a corner lot, interior lot, key lot, reverse corner lot, through lot, or transitional lot.
means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months.
means the first lot to the rear of a reverse corner lot and whether or not separated by an alley.
The following definitions of "land use intensity" serve as the basis for establishing wetland buffers and development standards as codified in chapter 16.10 DMMC.
"High intensity land use"
means land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, medium- and high-density residential (more than one home per five acres), multifamily residential, and commercial and industrial land uses. The majority of land uses in Des Moines are considered "high intensity land use."
"Moderate intensity land use"
means land uses which are associated with moderate levels of human disturbance or substantial habitat impacts including, but not limited to, active recreation.
"Low intensity land use"
means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation and open space land uses.
means uses involving performance standards having less detrimental effect upon surrounding properties and uses in the same or other zones than do uses first permitted in the next succeeding zone in terms of nuisance, hazard, generation of traffic and volume of traffic, both passenger and freight, and which uses make less demand upon public services such as electricity, gas, sewers, and streets. Where residential uses are involved, the term "lighter uses" means less permitted population density, possibly greater required yards, open spaces, and floor area within dwellings than is permitted or required in the next succeeding Residential Zone.
means an on-site space or berth on the same lot or site with the buildings or use served, such space to serve for the temporary parking of a vehicle while loading or unloading merchandise, materials, or passengers.
means a dwelling unit within which not more than five guest rooms are devoted to accommodating not more than 10 persons other than members of the family, but wherein meals for guests shall be neither provided nor permitted. A lodging house containing guest rooms numbering six or more shall be considered a hotel.
means a building site that is described by reference to a recorded plat, by metes and bounds, or by section, township, and range which has direct legal access to a street or has access to a street over an easement approved by the City.
means the total horizontal area within the boundary lines of a lot; provided, that the following areas are not included within the lot area and are not used to compute lot area or the area available for the satisfaction of any required yard:
means the horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line, for purposes of this section shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot side lines of the lot with the lot front line.
"Lot front line or front lot line"
means, in the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot and reverse corner lot, the lot front line shall be the line separating the narrowest street frontage of the lot from the street. In case of corner lots or reverse corner lots having equivalent street frontages, that property line the prolongation of which creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such corner or reverse corner lot.
"Lot perimeter line or perimeter lot line"
means a lot line constituting the boundary of a planned unit development or townhouse development.
"Lot rear line or rear lot line"(a) (b) (c) (d)
means a lot line which is opposite and most distant from the lot front line. For the purpose of establishing the lot rear line or a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
For a triangular or gore-shaped lot, a line 10 feet in length with the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such lot shall be used as the lot rear line;
In the case of a trapezoidal lot, the rear line of which is not parallel to the front line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line;
In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angles shall be employed for determining the lot rear line in the same manner as prescribed for a triangular lot;
In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.
"Lot side line or side lot line"
means any lot boundary line not a lot front line or a lot rear line.
means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line.
means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one building or structure designed or used for the primary purpose, as in the case of group houses, each such permissible building or other structure on a lot or building site as defined by this Title shall be construed as comprising a main building or structure.
means a stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW, commuter rail stops, stops on rail or fixed guideway systems, and stops on bus rapid transit routes, including those stops that are under construction.
means the average elevation of a sidewalk, abutting a commercial street, as designed by the City, along the public street line; except that for the west side of Marine View Drive South, median sidewalk grade shall be defined as the average elevation of the alley extending mid-block between 7th Avenue South and Marine View Drive South. For properties lying between Marine View Drive South and 8th Avenue South, sidewalk grade shall be established at Marine View Drive grade elevations.
means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, townhouses, stacked flats, courtyard apartments, and cottage housing as further described below. For the purposes of this title and permitting within the City, fiveplexes and sixplexes are not included as middle housing.
means any institution of learning giving general academic instruction in the several branches of learning and study required by the education code of the state to be taught in the public and parochial schools.
means the use of any combination or all of the following actions:
Avoiding impacts to environmentally critical areas by not taking a certain action or parts of an action;
Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
Rectifying the impact by repairing, rehabilitating, or restoring the affected environmentally critical area;
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development proposal;
Compensating for the impact by replacing or enhancing environmentally critical areas, or providing substitute resources; and
Monitoring the impact and taking appropriate corrective measures.
means one or more dwelling units and one or more enclosed commercial, business, or retail uses in a building in a Commercial or Residential Zone.
means any area or tract of land used or designed to accommodate two or more automobile house trailers.
means a single person, family, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development.
means those wastes defined in WAC 173-303-040(55).
means a group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside, and where a garage is attached to or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and the word shall include tourist courts, motor courts, automobile courts, automobile camps, and motor lodges. A unit in a motel having kitchen facilities shall constitute a dwelling unit and shall be subject to all of the provisions and requirements of this Title governing dwelling units for the zone in which the establishment is located, but never less than the requirements of the heaviest multiple-dwelling zone.
means a building designed exclusively for occupancy by three or more families (or households) living independently of each other, and containing three or more dwelling units.
means a building, or portion thereof, which was lawfully erected or altered and maintained but which, because of the application of this Title to it, no longer conforms to the regulations of the zone in which it is located as defined by this Title.
means a use which was lawfully established and maintained but which, because of the application of this Title to it, no longer conforms to the use regulations of the zone in which it is located as defined by this Title.
(NAICS) means the current edition of the book North American Industrial Classification System as published online by the U.S. Office of Management and Budget.
means a facility licensed by the Washington State Department of Social and Health Services under chapter 18.51 RCW.
means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.
means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.
means a residential lot that is subdivided into unit lots through the unit lot subdivision process.
means any person, group, association, or corporation that files an appeal, a person granted party status through intervention, the City department making the decision or determination, and the person who files an application for a land use action that is subject to appeal.
means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW.
means a type of swine commonly known as the North American, Vietnamese, Chinese, or Asian potbellied pig (Sus scrofa bittatus) that is no more than 22 inches in height at the shoulder and no more than 150 pounds in weight.
means the single-family housing unit or other original housing unit located on the same lot as an accessory dwelling unit.
means the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.
means an accessory building, or portion of building, which provides shelter and enclosure for a boat or boats owned and operated only by the occupants of the premises.
means an accessory building or an accessory portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings.
means an open area, other than a street, alley, or other public property, limited to the parking of automobiles of occupants or employees of a dwelling, hotel, motel, apartment hotel, apartment house, boarding house, or lodging house to which these facilities are appurtenant.
means a solid waste container that is either privately owned or privately used and maintained for the purpose of waste reduction or providing health and sanitation support for a private facility or organization.
means offices maintained and used as a place of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (but wherein no overnight care for patients is given), and by engineers, attorneys, realtors, architects, accountants, and other persons providing services utilizing training in and knowledge of the mental discipline as distinguished from training in occupations requiring mere skill or manual dexterity or the handling of commodities.
means a hearing, conducted by either the Hearing Examiner or the City Council, that creates a record through testimony and the submission of evidence and information under procedures prescribed by law. An open record public hearing held prior to a decision on a proposed land use action is to be known as an "open record pre-decision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record pre-decision hearing has been held on the land use action.
means an open area other than a street, alley, or private parking area as defined in this Title, whether privately or publicly owned, which area is used for the parking of more than four automobiles.
means a solid waste container placed for the purpose of providing a receptacle for public use to prevent littering, promote health and sanitation of the general public, and/or promote waste reduction on publicly owned and operated facilities, properties, or rights-of-way, when such facilities or properties are generally open to the public and used for public purposes. Without limitation, such public facilities shall include schools, parks, marinas, public buildings, and the like, but shall not include public facilities that are not generally open to the public.
means any area or tract of land used or designed to accommodate two or more automobile house trailers.
means a private business organization such as a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, storm water management, water supply, electric power, gas, and transportation for persons and freight.
means the method or mode by which a private business organization or governmental agency performing some public service, such as, but not limited to, water supply, electric power, gas, sewer, or transportation, delivers or spreads those services over an area and to individual customers.
means a building, complex, or installation that facilitates an action or process associated with a public utility which can be a private business or governmental agency performing some public service, such as, but not limited to, storm water management, water supply, electric power, gas, sewer, or transportation.
means a line parallel to the lot front line and at a distance therefrom equal to the depth of the required front yard, and extending across the full width of the lot.
means a change in zone boundaries upon the zoning map, which map is part of this Title when adopted in the manner prescribed by law.
means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property.
means a portion of the area of a lot or building site, other than required yards, which area is required by this Title, as set forth in the different zones contained in this Title, to be maintained between buildings, between wings of a building, and between buildings and any portion of a property boundary line not contiguous to a required front or side yard. Such open spaces, as in the case of required yards, are required to be free and clear of buildings and structures, but may contain storm water facilities.
means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term "residence" includes the term "residential" as referring to the type of or intended use of a building or structure.
means the return of an environmentally critical area to a state in which its functions, values, and size approach or exceed its unaltered state as closely as possible.
means a building or complex of buildings, exclusively designed for and occupied by households having at least one person 62 years of age or older, which provides common facilities such as but not limited to dining and recreation. Some or all of the dwellings may contain kitchens.
means a corner lot the side street line of which is substantially a continuation of the lot front line of the lot upon which the rear of the corner lot abuts.
means a structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. An openwork covering shall not be considered a roof if the upper horizontal surface area of the component solid portions thereof measured on the horizontal plane does not exceed 20 percent of the area of the covering.
means a health station or retreat or other place where resident patients are kept, and which specializes in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and licensed by state agencies under provisions of law to provide facilities and services in surgery, obstetrics, and general medical practice as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and postsurgical treatment of mental cases.
means any institution of learning giving general academic instruction in the several branches of learning and study required by the education code of the state to be taught in the public and parochial schools.
means lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in chapter 90.58 RCW.
means a street which is adjacent to a corner lot or reverse corner lot and which extends in the general direction of the line determining the depth of the corner or reverse corner lot.
means an open area measured from the lot side line toward the center of the lot and extending from the rear line of the required front yard, or from the lot front line if there is no required front yard, toward the lot rear line to a point measuring two-thirds of the depth of the lot, except that on the side street side of corner lots and reverse corner lots the required side yard shall extend to the rear line of the lot. The width of the side yard shall be measured horizontally from, and be parallel to, the lot side line from which it is measured.
means those zones where single-family detached residences are the predominant land use.
means a residential building with six attached dwelling units.
means an inclined ground surface, the inclination of which is expressed as a ratio (percentage) of vertical distance to horizontal distance by the following formula:
vertical distance | x 100 = % slope |
horizontal distance |
Another method of measuring the inclination of the land surface is by measuring the angle, expressed in degrees, of the surface above a horizontal plane. The following chart shows the equivalents between these two methods of measurement for several slopes: |
Percent Slope | Angle of Inclination |
|---|---|
8.7 | 5.0° |
15.0 | 8.5° |
25.0 | 14.0° |
30.0 | 16.7° |
40.0 | 21.8° |
50.0 | 26.6° |
100.0 | 45.0° |
means an establishment in which veterinary medical services, clipping, bathing, and similar services are rendered to dogs, cats, and other small animals and domestic pets, but not including kennels.
means a garbage can, dumpster, or other receptacle used for disposal and/or storage of trash, rubbish, garbage, junk, scrap, debris, refuse, recycling, yard waste, and other discarded materials.
means:
means any of the following:
Human genitals in a state of sexual stimulation or arousal;
Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality;
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or
Excretory functions as part of or in connection with any of the activities set forth in this section.
means a detached building in which horses or other beasts of burden owned by the occupants of the premises are kept, and in which no such animals are kept for hire, remuneration, or sale.
means dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned.
means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused under floor space is more than six feet above grade, as defined above, or is more than 12 feet above grade at any point, such basement, cellar, or unused under floor space shall be considered a story.
means a public or recorded private thoroughfare which affords primary means of access to abutting property.
means the boundary line between a street and the abutting property.
means any change in the supporting members of a building or structure, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in the exterior dimensions of the building or structure, or increase in floor space.
means anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground, but not including fences less than six feet in height, or paved areas.
means a facility specializing in the treatment of drug and/or alcohol dependency, either outpatient or inpatient, licensed by the state to provide such services.
means modification of the scope, use, or other attribute of a pending land use action that results in, or may result in, significant differences in the type or degree of impact(s), as determined by the Planning, Building and Public Works Director.
means a group of homeless persons temporarily residing out-of-doors on a site with services provided by a sponsor and supervised by a managing agency.
means an organization that has the capacity to organize and manage a temporary homeless encampment. A managing agency may be the same entity as the sponsor.
means an entity that has an agreement with the managing agency to provide basic services and support for the residents of a temporary homeless encampment and liaison with the surrounding community and joins with the managing agency in an application for a temporary use permit. A sponsor may be the same entity as the managing agency.
means a lot having frontage on two streets, including a lot at the intersection of two streets when the street sides of such lot form an internal angle of less than 45 degrees. Corner lots and reverse corner lots as defined in this section are not through lots.
means two or more lots approved through the subdivision or short subdivision process for townhouse dwellings.
means one dwelling unit on an internal lot within a townhouse development designed exclusively for occupancy by one family. A townhouse dwelling is located at an internal lot line and attached to one or more other townhouse dwellings. The first floor of a townhouse dwelling is at or near ground level. A townhouse dwelling occupies the building area from ground level to the roof with no townhouse dwelling located above or below another townhouse dwelling.
means buildings that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides.
means any area or tract of land used or designed to accommodate two or more automobile house trailers.
means any area or tract of land used or designed to accommodate two or more automobile house trailers.
means a facility that provides housing and supportive services to homeless individuals or families for up to two years and whose primary purpose is to enable homeless individuals or families to move into independent living and permanent housing.
means a residentially zoned lot a side line of which forms a common boundary with contiguous property zoned for either a higher density residential use or commercial or industrial uses.
are essential public facilities as defined in RCW 47.06.140, to include the interstate highway system, interregional state principal arterials, intercity high-speed ground transportation, major passenger intermodal terminals, regional high-capacity transportation systems, and any improvements identified in the statewide multimodal plan.
means a residential building with three attached dwelling units.
means a subdivided lot within a residential development as created from a parent lot and approved through the unit lot subdivision process.
means a subdivision or short subdivision proposed as part of a residential development project that meets the development standards applicable to the parent lot at the time the application is vested, but which may result in development on one or more individual unit lots becoming nonconforming as to specified land use and development standards based on the analysis of the individual unit lot. By June 30, 2026, all unit lot subdivisions shall require notification to purchasers of their legal status as further described in RCW 58.17.060.
means uses which are not specifically named as permitted in any zone contained within this Title.
means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.
means an adjustment in the application of the specific regulations of this Title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges.
as used in this Title, means all instrumentalities capable of movement by means of circular wheels, skids, or runners of any kind, along roadways or paths or other ways of any kind, specifically including, but not limited to, all forms of automotive vehicles, buses, trucks, cars and vans, all forms of trailers or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which instrumentality is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, trailers, and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration.
means an open space other than a court on a lot on which a building is situated, unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this Title.
"Front yard"
means an area extending across the full width of the lot and lying between the lot front line and a line drawn parallel thereto, and at a distance therefrom equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the lot front line, or by the radial line or radial line extended in the case of a curved lot front line.
"Side yard"
means an open area measured from the lot side line toward the center of the lot and extending from the rear line of the required front yard, or from the lot front line if there is no required front yard, toward the lot rear line to a point measuring two-thirds of the depth of the lot, except that on the side street side of corner lots and reverse corner lots the required side yard shall extend to the rear line of the lot. The width of the side yard shall be measured horizontally from, and be parallel to, the lot side line from which it is measured.
means an area accurately defined as to boundaries and location on an official map and within which area only certain types of land uses are permitted, and within which other types of land uses are excluded, as set forth in this Title.
(Ord. 1591 § 5, 2014; Ord. 1628 § 1, 2015; Ord. 1655 § 1, 2016; Ord. 1661 § 3, 2016; Ord. 1669 § 3, 2016; Ord. 1671 § 15, 2017; Ord. 1697 § 1, 2018; Ord. 1714 § 3, 2019; Ord. 1719 § 2, 2019; Ord. 1737 § 1, 2020; Ord. 1750 § 1, 2021; Ord. 1820 § 1, 2025; Ord. 1821 § 1, 2025)
§ 18.01.060 Liability.
It is the specific intent of this Title and procedures adopted under this Title to place the obligation of complying with the requirements of this chapter upon the permittee, and no provision is intended to impose any duty upon the City, or any of its officers, employees, or agents. Nothing contained in this Title is intended to be or shall be construed to create or form the basis for liability on the part of the City, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions of this Title, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this Title or any procedures adopted under this Title by the City, its officers, employees, or agents.
(Ord. 1591 § 6, 2014)
§ 18.01.070 Enforcement.
It shall be the duty of the City Manager or the City Manager's designee to enforce all provisions of this Title; provided, however, the City Manager or the City Manager's designee is authorized to delegate such authority by written administrative order.
(Ord. 1591 § 7, 2014)
§ 18.01.080 Unauthorized use of structures or land prohibited.
It shall be a violation of the City Zoning Code (hereinafter "code") for any person to use or cause to be used any structure or land in a manner not specifically authorized by the code.
(Ord. 1591 § 8, 2014)
§ 18.01.090 Enforcement – Violation – Penalty.
(1)
Violation. No person shall violate or fail to comply with the provisions of this Title.
(2)
Civil Infraction. A violation or a failure to comply with the provisions of this Title is a civil infraction and a violator may be penalized as is more specifically set forth in chapter 1.24 DMMC, Civil Infractions.
(3)
Civil Violation and Penalty. A violation or a failure to comply with the provisions of this Title is further a civil violation and may be penalized and or abated as is set forth in chapter 1.28 DMMC, Civil Violations and Penalties.
(4)
Criminal Penalty. In addition to or as an alternative to any other penalty provided in this Title or by law, a person convicted of a violation of this Title is guilty of a gross misdemeanor. Upon conviction, a person may also be ordered to abate, discontinue or correct a violation of this Title.
(5)
Superior Court – Civil Action. In addition to or an alternative to any other penalty provided in this Title or by law, a violation or a failure to comply with the provisions of this Title may be enforced by a civil action filed in King County Superior Court in any manner allowed by law.
(Ord. 1591 § 9, 2014)
§ 18.01.100 Enforcement by civil penalty – Appeal.
(1)
Based on a citizen complaint or at the direction of the City Manager or the City Manager's designee or the City Council, the Planning, Building and Public Works Director shall investigate any structure or use that is apparently in violation of this Title, and if it is determined that a violation exists, the Planning, Building and Public Works Director shall have a notice of violation served upon the owner, tenant, or other person responsible for the condition.
(2)
The notice shall be served by personal service, registered mail, or certified mail with return receipt requested addressed to the last known address of the owner, tenant, or other person responsible.
The notice of violation shall be posted at a conspicuous place on the property. The notice shall state separately each violation, contain a reasonable time for compliance, describe the civil penalties for failure to comply, and the appeal procedures.
(3)
When calculating a reasonable time for compliance, the Planning, Building and Public Works Director shall take into consideration the following criteria:
(4)
The Planning, Building and Public Works Director may extend the date of compliance upon the receipt of a written request from the responsible person prior to the date of compliance.
(5)
Any person affected by a notice of violation may file a written appeal stating in what respects the decision of the Planning, Building and Public Works Director is erroneous and the specific grounds for reversal or modification of the order. The appeal with the required filing fee shall be filed with the City Clerk prior to 4:30 p.m. on the compliance date. In the absence of a timely appeal, the findings of the Planning, Building and Public Works Director contained in the notice of violation shall be deemed true and final.
(6)
Jurisdiction is granted to the Hearing Examiner to hear and determine such appeals in accordance with the Hearing Examiner code. The Hearing Examiner may affirm, reverse, or modify the decision of the Planning, Building and Public Works Director; provided, that the standard of review specified by DMMC § 18.20.230 shall apply.
(7)
In addition to any other sanction or remedial procedure that may be available, any person failing to comply with a final order of the Planning, Building and Public Works Director, or, in the event of an appeal, the Hearing Examiner or City Council, shall be subject to a cumulative penalty or forfeiture in the amount of $25.00 per day for each violation from the date set for compliance in the final order until the order is complied with; provided, however, the rate of daily penalty shall double every six months, with a maximum daily penalty of $200.00 per day for Single-Family Residential and Suburban Estate Zones, $300.00 per day for Commercial Zones, and $500.00 per day for multiple Residential Zones, except that owners of a single condominium unit shall be subject to a maximum daily penalty of $200.00; and provided further, that the maximum cumulative penalty shall not exceed the greater of $10,000 or the then fair-market value of the property on the date the violation or violations are perceived to exist; and finally provided, that the property owner shall be allowed to claim a 90-day grace period from such daily penalties once in any five-year period. Jurisdiction is granted to the Des Moines Municipal Court to hear and determine applications for judgment, and following entry of judgment, if any, the City shall pursue collection thereof in any manner otherwise available for the collection of judgments.
(Ord. 1591 § 10, 2014)
§ 18.01.110 Enforcement by criminal penalties.
§ 18.01.120 Enforcement by Superior Court civil action.
The City Manager or the City Manager's designee, with the consent of the City Council, may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the code when civil or criminal penalties are inadequate to effect compliance.
(Ord. 1591 § 12, 2014)
§ 18.01.130 Severability.
The provisions of this Title are severable. If any section, sentence, clause or phrase of this code is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of the code.
(Ord. 1591 § 13, 2014)
§ 18.01.140 Appeal.
Appeals of decisions made pursuant to this Title shall be as set forth in the applicable chapter and pursuant to chapter 18.20 DMMC.
(Ord. 1591 § 14, 2014)
§ 18.05.010 Title.
This chapter shall be entitled "Comprehensive Plan and Map; Zoning Classifications, Uses Permitted, and Provisions Applicable to All Zones."
(Ord. 1591 § 15, 2014)
§ 18.05.020 Application.
This chapter shall apply to all zoning in the City and all zoning actions as specified in this Title.
(Ord. 1591 § 16, 2014)
§ 18.05.030 Purpose.
This chapter adopts the Comprehensive Plan and land use maps, and sets forth the zoning classifications for the City and general provisions applicable to such classifications.
(Ord. 1591 § 17, 2014)
§ 18.05.040 Authority.
This chapter is adopted pursuant to the authority set forth in DMMC § 18.01.040.
(Ord. 1591 § 18, 2014)
§ 18.05.050 Preferred land use map designation.
The map filed in the City Clerk’s office and marked Exhibit “B” to Ordinance No. 1828 constitutes the comprehensive land use map, also referred to as the preferred land use map, for the City. The map referenced herein supersedes all previously adopted preferred land use maps.
(Ord. 1591 § 19, 2014; Ord. 1623 § 1, 2015; Ord. 1664 § 1, 2016; Ord. 1712 § 1, 2018; Ord. 1731 § 1, 2019; Ord. 1775 § 2, 2023; Ord. 1828, 9/25/2025)
§ 18.05.060 Adoption of Comprehensive Plan.
The document consisting of 12 chapters, entitled “Imagine Des Moines 2044” and attached as Exhibit “A” to Ordinance No. 1828, is adopted by reference and constitutes the Comprehensive Plan for the City.
(Ord. 1591 § 20, 2014; Ord. 1623 § 2, 2015; Ord. 1828, 9/25/2025)
§ 18.05.070 Comprehensive Plan filed and maintained in the office of the City Clerk.
The City Clerk shall file, maintain, and make available for public inspection the City of Des Moines Comprehensive Plan adopted by the ordinance codified in this chapter.
(Ord. 1591 § 21, 2014)
§ 18.05.080 Names of zones.
To accomplish the purpose of this Title, the following use zones are established and regulations are set forth therein defining the permissible uses, the height and bulk of buildings, the area of yards and other open spaces about buildings, and the density of population; such zones are known as follows:
(1)
Residential Zones.
(b)
R-SE Residential: Suburban Estate; R-SR Residential: Suburban Residential.
(c)
Multifamily Residential Zones.
(i)
RA-3,600 Residential: Attached Townhouse and Duplex 3,600;
(ii)
RM-2,400 Residential: Multifamily 2,400;
(iii)
RM-1,800 Residential: Multifamily 1,800;
(iv)
RM-900 Residential: Multifamily 900;
(v)
RM-900A Residential: Multifamily 900A;
(vi)
RM-900B Restricted Service Zone;
(vii)
PR-R Pacific Ridge Residential.
(2)
Commercial Zones.
(a)
N-C Neighborhood Commercial;
(b)
I-C Institutional Campus;
(c)
B-C Business Commercial;
(d)
B-P Business Park;
(e)
C-C Community Commercial;
(f)
D-C Downtown Commercial;
(g)
C-G General Commercial;
(h)
H-C Highway Commercial;
(i)
PR-C Pacific Ridge Commercial;
(j)
T-C Transit Community; and
(k)
W-C Woodmont Commercial.
(Ord. 1591 § 22, 2014; Ord. 1601 § 14, 2014; Ord. 1618-A § 10, 2015)
§ 18.05.100 If only one building on a lot or building site, it constitutes a main building.
Any building which is the only building on a lot or building site is a main building unless otherwise authorized by variance. No accessory building or use is allowed on a lot or building site unless the primary use to which it is accessory exists on the same lot or building site.
(Ord. 1591 § 23, 2014)
§ 18.05.110 Zone of unlisted uses and clarification of ambiguity.
(1)
In creating zones, the City Council has considered the characteristics of uses which make them comparable, compatible, or similar. The City Council recognizes that it is not possible to enumerate and classify every use to which land may be devoted, either now or in the future, and that ambiguity may exist with reference to the appropriate and consistent zone of a use. Therefore:
(a)
When any known and identifiable use is not listed as a permissible use in any zone; or
(b)
When any use has now come into existence by reason of any technical development in the trades, sciences, and equipment; or
(c)
When any use already listed in the zone which, because of any process, equipment, or materials used, possesses different performance standards than those which are usually associated with the uses in the zone as presently classified and which, therefore, makes it reasonable that such a use should be placed in the more restrictive zone.
(2)
It shall be the responsibility and duty of the Planning, Building and Public Works Department to ascertain all pertinent facts relating to any such use and make what it deems to be the appropriate recommendation for zoning. Any proceedings under this section shall be processed as an amendment.
(Ord. 1591 § 24, 2014)
§ 18.05.120 Uncertainty of boundaries.
Where uncertainty exists as to the boundaries of any zone shown upon the zoning map or any part or unit thereof, the following rules shall apply:
(1)
Where such boundaries are indicated as approximately following street or alley lines or lot lines, such lines shall be construed to be such boundaries;
(2)
In the case of unsubdivided property, and where a zone boundary divides such property, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on the zoning map;
(3)
Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the zone of the property to which it reverts;
(4)
Where a lot subdivided and recorded subsequent to the zoning of the area in which it is located becomes so placed that it is unequally bisected longitudinally by the boundary lines of different zones, the zone boundary shall be considered as following the lot lines of the lot in such manner as to place the lot wholly in that zone which applies to the major portion of the lot;
(5)
Where property abuts a lake, river, or body of water, the zone shall extend to the inner harbor line and where no harbor line exists, to a line which the Corps of Engineers would define as the line of navigability;
(6)
Where a lot is equally bisected longitudinally by a zone boundary line, the total lot shall acquire the most restrictive zone and the highest area requirement of the two zones involved;
(7)
Where a lot is bisected by the boundary line between two zones and such boundary line parallels or approximately parallels the street on which such lot fronts, the total area of such bisected lot shall acquire the same zone requirement as the front portion of the lot. This provision shall not apply to through lots.
(Ord. 1591 § 25, 2014)
§ 18.05.130 Property not zoned.
Any property which, for any reason other than the fact that it is a right-of-way of a street, alley, or railroad, is located within an adopted part of the zoning map but is not designated as being zoned shall be deemed to be zoned RS-15,000.
(Ord. 1591 § 26, 2014)
§ 18.05.140 Classification of rights-of-way.
Areas of streets or alleys and railroad rights-of-way, other than such as are designated on the zoning map as being classified in one of the zones provided in this Title, shall be deemed to be unclassified and, in the case of streets, permitted to be used only for street purposes as defined by law, and in the case of railroad rights-of-way, permitted to be used solely for the purpose of accommodating tracks, signals, other operating devices, the movement of rolling stock, public utility lines, and facilities accessory to and used directly for the delivery, distribution, or rendering of services to bordering land uses.
(Ord. 1591 § 27, 2014)
§ 18.05.150 Lot area requirement symbol.
In the Single-Family Residential Zone where a number follows the indicated zone on the zoning map such number shall indicate which of the minimum lot area, yards, and open spaces required in the zone applies to the properties involved.
(Ord. 1591 § 28, 2014)
§ 18.05.160 Limitation of land use.
Except as provided in this Title, no building or structure shall be erected, reconstructed, or structurally altered, nor shall any building, structure, or land be used for any purpose except as specifically provided in this Title and allowed in the zone in which such building, land, or use is located.
(Ord. 1591 § 29, 2014)
§ 18.05.170 Individual lot on building site is unit of application.
Unless otherwise specifically stated in this Title, an individual lot or building site as each is defined in this Title is intended to be the unit to which all of the provisions, requirements, permitted uses, yards, and open spaces apply.
(Ord. 1591 § 30, 2014)
§ 18.10.010 Title.
This chapter shall be entitled "Official Zoning Map."
(Ord. 1591 § 31, 2014)
§ 18.10.020 Application.
This chapter shall apply to all zoning in the City and all zoning actions as specified in this Title.
(Ord. 1591 § 32, 2014)
§ 18.10.030 Purpose.
This chapter adopts the official zoning map for the City.
(Ord. 1591 § 33, 2014)
§ 18.10.040 Authority.
This chapter is adopted pursuant to the authority set forth in DMMC § 18.01.040.
(Ord. 1591 § 34, 2014)
§ 18.10.050 Adoption of official zoning map.
The map filed in the City Clerk's office and marked Exhibit "A" to Ordinance No. 1790 and adopted March 14, 2024, constitutes the zoning map for the City. The map referenced herein supersedes all previously adopted maps. If the designations of the map are found to be in conflict with other land use designations, the map is deemed to control.
(Ord. 1591 § 35, 2014; Ord. 1601 § 13, 2014; Ord. 1618-A § 9, 2015; Ord. 1655 § 2, 2016; Ord. 1660 § 2, 2016; Ord. 1663 § 3, 2016; Ord. 1704 § 2, 2018; Ord. 1790 § 2, 2024)
§ 18.10.060 Interpretation and regulation.
The description of the land use zones and the establishment of these zones as shown on the map are to be interpreted and regulated by the text portions of this Title.
(Ord. 1591 § 36, 2014)
§ 18.15.010 Title.
This chapter shall be entitled "Nonconforming Buildings and Uses."
(Ord. 1591 § 37, 2014)
§ 18.15.020 Application.
(1)
The foregoing regulations set forth in this Title and Title 16 DMMC shall be subject to the general provisions, conditions, and exceptions contained in this chapter.
(2)
The provisions of this chapter shall apply to buildings, structures, land, and uses which become nonconforming as a result of the application of this Title and Title 16 DMMC to them, from classification or reclassification of the property under this Title or any subsequent amendments thereto, or from governmental acquisition of property for right-of-way expansion or essential public facility construction. If a use originally authorized by a variance, conditional use permit, or other valid use permit prior to August 3, 1964, is located within a zone in which such use is not permitted by the terms of this Title, such use shall be a nonconforming use. Uses validly established prior to August 3, 1964, shall not be deemed nonconforming only because of failure to secure a conditional use permit required under this Title.
(3)
If a building, structure or land becomes nonconforming solely because of governmental acquisition of a portion of the property for an essential public transportation facility, the property shall be a legal nonconforming lot and the building, structure or use may continue.
(Ord. 1591 § 38, 2014; Ord. 1655 § 3, 2016; Ord. 1695 § 1, 2017; Ord. 1737 § 2, 2020)
§ 18.15.030 Purpose.
This chapter regulates legal nonconforming lots, structures, uses, and other development situations which were made nonconforming through the adoption of, or amendments to, this code, or from governmental acquisition of property for right-of-way expansion for the construction of essential public transportation facilities. This chapter also specifies those circumstances, conditions, and procedures under which such nonconformities may be permitted to continue, expand, or be modified.
(Ord. 1591 § 39, 2014; Ord. 1695 § 2, 2017)
§ 18.15.040 Authority.
This chapter is adopted pursuant to the authority set forth in DMMC § 18.01.040.
(Ord. 1591 § 40, 2014)
§ 18.15.050 Effect of removal or destruction of nonconforming buildings.
(1)
Except as provided in subsection (2) of this section, if any nonconforming building is, in the judgment of the Planning, Building and Public Works Director, removed, destroyed by means to an extent of more than 50 percent of its replacement cost at time of destruction, every future building constructed, reconstructed or otherwise permitted to remain on the land on which the building was located shall conform to the provisions of this Title. The Planning, Building and Public Works Director may issue written notice to owners of property deemed to be subject to the provisions of this section. The Planning, Building and Public Works Director's determination to the extent of removal or destruction shall be considered a Type I land use action, which is subject to appeal to the Hearing Examiner as provided in DMMC § 18.20.150.
(2)
Reconstruction Conditions for Nonconforming Single-Family and Condominium-Residential Buildings. In any Residential Zone, nonconforming single-family residential buildings and condominiums destroyed by catastrophe or disaster such as fire, explosion, earthquake, flooding, etc., may be reconstructed as existed prior to the catastrophic event, subject to the following limitations:
(a)
This subsection (2) shall not apply to reconstruction necessitated by a criminal act involving the property owner, including but not limited to arson.
(b)
Reconstructed building height and lot coverage shall not exceed preexisting height and lot coverage or the provisions of this Title, whichever is greater.
(c)
Reconstructed yard areas shall not be less than preexisting yards or the provisions of this Title, whichever is less.
(d)
When new building area is proposed in addition to reconstruction of a nonconforming building, the new building area shall conform to the provisions of this Title.
(e)
Reconstructed building area shall conform to the requirements of Title 14 DMMC, Buildings and Construction.
(Ord. 1591 § 41, 2014)
§ 18.15.060 Reconstruction of buildings partially destroyed or damaged.
(1)
Except as provided in subsection (2) of this section, a nonconforming building damaged or partially destroyed by fire, explosion, or other casualty or act of God or the public enemy may be restored within the preexisting building footprint within the nonconforming portion of the site and the occupancy or use of such building or part thereof which existed at the time of such partial destruction or damage may be continued so long as the existing nonconformities are not being increased or expanded in any way and subject to all other provisions of this chapter.
(2)
In a Single-Family Residential Zone, nonconforming single-family residential buildings partially destroyed by catastrophe or disaster such as fire, explosion, earthquake, flooding, etc., may be reconstructed as existed prior to the catastrophic event, subject to the following limitations:
(a)
This subsection shall not apply to reconstruction voluntarily initiated by the property owner.
(b)
The work must be vested by permit application within one year of such happening and any restoration or reconstruction not vested by permit application within 12 months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored.
(c)
Reconstructed building height and lot coverage shall not exceed preexisting height and lot coverage or the provisions of this Title, whichever is greater.
(d)
Reconstructed yard areas shall not be less than preexisting yards or the provisions of this Title, whichever is less.
(e)
The City Manager or his designee may require minor upgrades to the rebuilt improvements that are intended to achieve a greater level of compliance with the site and design guidelines in this Title.
(f)
When new building area is proposed in addition to partial reconstruction of a nonconforming building, the new building area shall conform to the provisions of this Title.
(g)
Reconstructed building area shall conform to the requirements of Title 14 DMMC, Buildings and Construction.
(Ord. 1591 § 42, 2014; Ord. 1655 § 4, 2016)
§ 18.15.070 Structural alteration or enlargement of nonconforming buildings.
(1)
Unless otherwise specifically provided in this Title, nonconforming buildings may not be enlarged or structurally altered unless an enlargement or structural alteration makes the building more conforming, or is required by law; however, where a building or buildings and customary accessory buildings are nonconforming only by reason of substandard yards, open spaces, area, or height, the provisions of this Title prohibiting structural alterations or enlargements shall not apply; provided, any structural alterations or enlargements of an existing building under such circumstances shall not increase the degree of nonconformity and any enlargements or new buildings and structures shall observe the yards and open spaces required.
(2)
Structural alterations may be permitted if necessary to adapt a nonconforming building to new technologies or equipment pertaining to uses housed in such building. Any enlargement necessary to adapt to new technologies shall be authorized only by a variance.
(3)
Upkeep, repairing, and maintenance of nonconforming buildings is permitted.
(Ord. 1591 § 43, 2014)
§ 18.15.080 Required conformance of existing uses required to be in entirely enclosed building.
Where this Title requires a use to be contained within an entirely enclosed building as such term is defined in this Title, and a use existing on August 3, 1964, is not in an entirely enclosed building, the building or structure containing such use shall be made to conform to the requirements of this Title with respect to such enclosure within a period of not more than three years from the date of notification as required in DMMC § 18.15.110.
(Ord. 1591 § 44, 2014)
§ 18.15.090 Required conformance to exterior improvements.
Where a use exists on August 3, 1964, and such use is nonconforming only because it does not meet the requirements of this Title with respect to improvement of outside areas used for storage, parking, or outside activities, or if the property on which any use is located has a property line common with residential property and no wall, fence, or hedge exists on such property line where required by this Title, such use shall be made to conform to the requirements of this Title with respect to such features within a period of not to exceed two years from the date of notification as required in DMMC § 18.15.110.
(Ord. 1591 § 45, 2014)
§ 18.15.100 Continuation of nonconforming use in a nonconforming building.
(1)
A nonconforming use in a nonconforming building may be continued, and may be expanded or extended throughout such building so long as such nonconforming building remains nonconforming; provided, no structural alterations or additions are made except those that may be required by law or which are specifically permitted in this chapter. A nonconforming use in a nonconforming building may be changed to another use of the same or more conforming zone.
(Ord. 1591 § 46, 2014)
§ 18.15.110 Abatement of nonconforming uses.
Nonconforming uses of land, buildings, or structures shall be subject to abatement as follows:
(1)
By resolution of the City Council, the Hearing Examiner shall be directed to conduct a public hearing, which shall be evidentiary in nature, to take testimony relative to abatement schedules for any class of nonconforming use. The Hearing Examiner shall schedule a public hearing within 45 days of receipt of such resolution. Notice of the public hearing shall be given by publication in the official newspaper of the City not less than 15 days prior to the scheduled hearing date and by mailing an appropriate notice, by certified mail, within 15 days of the hearing date to the owner of record and to the occupant/tenant of real property which may be affected by the proceedings. Thereafter, the Hearing Examiner shall conduct a public hearing and evidentiary hearing in general conformity with the Hearing Examiner code. At the conclusion of the hearing, the Hearing Examiner shall transmit findings and recommendations to the City Council. Such findings and recommendations shall be based on the factors described in subsection (3) of this section.
(2)
Upon receipt of the findings and recommendations of the Hearing Examiner, the City Council shall set a public hearing to consider the issue, giving again such public notice as is described in subsection (1) of this section. Abatement proceedings shall not be subject to the one open record public hearing requirement for a proposed land use action specified in chapter 18.20 DMMC, Land Use Review Procedures. All persons wishing to be heard shall be heard; provided, however, testimony and evidence may not go beyond the scope of that presented to the Hearing Examiner. Following such public hearing, the City Council shall adopt by ordinance an appropriate abatement period for the nonconforming use.
(3)
The period of abatement for a nonconforming use shall be determined by providing a sufficient residue of reasonable use through "amortization of nonconforming uses." Factors that may be considered in establishing the abatement period through amortization are investment of the property owner, estimated remaining economic life of investment, depreciated value from federal income tax records, value and condition of the improvement, nature of the use, possibility of alternative uses that conform or that are more conforming, degree of incompatibility of the use with current zoning, impact of the use on other uses in the area where it is located, existence or nonexistence of a lease and contingency clauses permitting lease termination, and such other factors that tend to permit the nonconforming user to amortize investment during the period of permitted nonconformity, bearing in mind that the public interest in eliminating undesirable nonconforming uses is sufficient to justify the reduction of property value.
(Ord. 1591 § 47, 2014)
§ 18.15.120 Nonconforming churches may alter or expand.
Nonconforming churches may be structurally altered or enlarged; provided, the requirements of this Title for off-street parking shall be met and maintained for any seating capacity in excess of that which existed immediately prior to the alterations or additions whether provided by additional seats in the nave or by additional floor space to be used simultaneously for assembly purposes if there are no fixed seats.
(Ord. 1591 § 48, 2014)
§ 18.15.130 Residences and dwelling units in Commercial Zones nonconforming.
Residential buildings and buildings containing dwelling units on the ground floor existing in Commercial Zones on August 3, 1964, shall be considered as nonconforming buildings but, as such, shall be subject only to those provisions of this chapter pertaining to abatement which provide that a nonconforming building removed or destroyed shall not be replaced by other than a conforming building, that the nonconforming building may not be enlarged or expanded unless such enlargement or expansion makes the building more conforming, and that the degree of nonconformity may not be increased by changing to a less restrictive residential use.
(Ord. 1591 § 49, 2014)
§ 18.15.140 Dwelling units in Commercial Zones nonconforming.
Dwelling units in Commercial Zones existing on February 4, 1985, shall be considered nonconforming uses and shall be subject to DMMC § 18.15.130, governing nonconforming residential uses in Commercial Zones; provided, however, should any dwelling unit or building containing a dwelling unit be damaged or destroyed by fire, explosion, or other casualty or act of God or the public enemy, it may be restored and the occupancy or use which existed at the time of such damage or destruction may be continued.
(Ord. 1591 § 50, 2014)
§ 18.20.010 Title.
This chapter shall be entitled "Land Use Review Procedures."
(Ord. 1591 § 51, 2014)
§ 18.20.020 Application.
This chapter shall apply to the processing and appeal of all land use actions as defined by RCW 36.70B.030 unless specifically excluded herein.
(Ord. 1591 § 52, 2014)
§ 18.20.030 Purpose.
The purpose of this chapter is to establish standard procedures for land use and related development decisions made by the City. The procedures are designed to promote timely and informed public participation, eliminate redundancy in the application, land use review, and appeal processes, minimize delay and expense, and result in land use actions that further the City goals, policies, and strategies as set forth in the City of Des Moines Comprehensive Plan. As required by RCW 36.70B.060, these procedures provide for an integrated and consolidated land use review process. The procedures integrate the environmental review process specified in Title 16 DMMC, Environment, with the procedures for land use actions specified in Title 14 DMMC, Buildings and Construction, Title 17 DMMC, Subdivisions, and this Title, and provide for the consolidation of appeal processes for land use actions.
(Ord. 1591 § 53, 2014)
§ 18.20.040 Authority.
This chapter is adopted pursuant to the authority set forth in DMMC § 18.01.040.
(Ord. 1591 § 54, 2014)
§ 18.20.050 Concurrent review.
Except when a land use action is categorically exempt from SEPA, environmental review shall be conducted concurrently with review of other proposed land use actions requested by an applicant.
When a proposed development requires more than one land use action, the applicant may request concurrent review of all proposed land use actions.
(Ord. 1591 § 55, 2014)
§ 18.20.060 Exempt actions.
(1)
As authorized by RCW 36.70B.140(1), the following land use actions are not subject to the provisions of RCW 36.70B.070, 36.70B.080, 36.70B.090, 36.70B.110, 36.70B.120, and 36.70B.130 because the City Council has determined that these projects present special circumstances that warrant a review process different from the process specified by this chapter:
(2)
As authorized by RCW 36.70B.140(2), the following Type I land use actions shall not be subject to the provisions of RCW 36.70B.060, 36.70B.110, 36.70B.120, and 36.70B.130:
(Ord. 1591 § 56, 2014; Ord. 1655 § 5, 2016)
§ 18.20.070 Land use classifications.
Land use actions are classified into six types, based upon the entity responsible for the decision, the amount of discretion exercised by the decision maker, the degree of impact associated with the decision, the amount and type of public input sought, and the type of appeal available. The six categories of land use actions are as follows:
(1)
Type I. Administrative decision made without legal requirement for public comment.
(2)
Type II. Administrative decision made after legally required opportunity for public comment.
(3)
Type III. Quasi-judicial and other decisions by Hearing Examiner made after legally required opportunity for public comment.
(4)
Type IV. Quasi-judicial and other nonlegislative decisions by City Council made after legally required opportunity for public comment.
(5)
Type V. Quasi-judicial and other nonlegislative decisions by City Council made without legal requirement for public comment.
(6)
Type VI. Legislative decision by City Council made after legally required opportunity for public comment.
(Ord. 1591 § 57, 2014)
§ 18.20.080 Project review.
(1)
Specific types of project approval are categorized as is set forth in Table 18.20.080A, Project Review Chart, below.
18.20.080A Project Review Chart | ||
|---|---|---|
Decision Maker | Applicable Code Section | |
Type I – Administrative land use decisions made without legal requirement for public comment | Planning, Building and Public Works Director | |
Accessory dwelling unit (ADU) development permit | Planning, Building and Public Works Director | DMMC § 18.55.140 |
Building height bonus | City Manager | DMMC § 18.115.060(2) |
Comprehensive signage design plan permit | Planning, Building and Public Works Director | DMMC § 18.200.120 through § 18.200.140 |
Lot line adjustment (exempt DMMC § 18.20.060(2)) | Planning, Building and Public Works Director | Chapter 17.25 DMMC |
Sign permit | Planning, Building and Public Works Director | DMMC § 18.200.060 and § 18.200.080 |
Special use sign permit | Planning, Building and Public Works Director | DMMC § 18.200.110 |
Construction permits required under Title 14 DMMC (Buildings and Construction) categorically exempt from SEPA (exempt DMMC § 18.20.060(2)) | Building Official | Title 14 DMMC |
Design review decisions | Planning, Building and Public Works Director | DMMC § 18.235.110 and § 18.235.120 |
Determination that action is categorically exempt | SEPA Official | DMMC § 16.05.110 |
Reasonable use exceptions or determinations in environmentally critical areas | Planning, Building and Public Works Director | |
Interpretation of Title 12 DMMC, Streets, Sidewalks, and Public Places, Title 14 DMMC, Buildings and Construction, Title 16 DMMC, Environment, Title 17 DMMC, Subdivisions, and this Title | Planning, Building and Public Works Director or Building Official as applicable | Chapter 12.02 DMMC Chapter 14.02 DMMC Chapter 16.02 DMMC Chapter 17.02 DMMC Chapter 18.50 DMMC |
Off-street parking permit | Planning, Building and Public Works Director | DMMC § 18.210.060 |
Reduction of the minimum retail trade or personal business services requirements for mixed use developments | Planning, Building and Public Works Director | DMMC § 18.115.050(9)(b) |
Waiver of zoning requirements | Planning, Building and Public Works Director | DMMC § 18.35.050 |
Street vacations and other actions relating to use of public areas or facilities (exempt DMMC § 18.20.060(1)) | Planning, Building and Public Works Director | Title 12 DMMC |
Noise mitigation plan | Planning, Building and Public Works Director | DMMC § 18.185.060 |
Landscaping site plans | Planning, Building and Public Works Director | DMMC § 18.195.020(4) |
Exemptions from shoreline substantial development permit | Planning, Building and Public Works Director | DMMC § 16.20.010 |
Environmentally critical area development exception | Planning, Building and Public Works Director | DMMC § 16.10.300 |
Modification of parking provisions | City Manager | DMMC § 18.210.070 |
Temporary homeless encampments | Planning, Building and Public Works Director | DMMC § 18.170.080 |
Type II – Administrative land use decisions made after legally required opportunity for public comment | Planning, Building and Public Works Director | DMMC § 18.20.170 |
Applications for small domestic animals, large domestic animals and bee review | City Manager or City Manager's Designee | Chapter 18.150 DMMC |
Short subdivisions, preliminary approval | Planning, Building and Public Works Director | |
Modified short subdivisions | Planning, Building and Public Works Director | |
Alteration or vacation of binding site plan with no more than four lots | Planning, Building and Public Works Director | Chapter 17.20 DMMC |
Alteration or vacation of short subdivision without public dedication | Planning, Building and Public Works Director | DMMC § 17.20.050(2) and chapter 17.05 DMMC |
Binding site plan with no more than four lots | Planning, Building and Public Works Director | DMMC § 17.20.050(2) and chapter 17.30 DMMC |
Determination of the adequacy of a final environmental impact statement | SEPA Official | |
Determination of nonsignificance (DNS) and mitigated DNS | SEPA Official | |
Determination of significance (DS) (appeal by LUPA action only) | Planning, Building and Public Works Director | DMMC § 16.05.320(5)(d) |
Planning, Building and Public Works Director approval, conditional approval, or denial of a project based upon chapter 16.05 DMMC (SEPA rules) | Planning, Building and Public Works Director | |
Administrative decision made pursuant to chapter 16.15 DMMC, Flood Hazard Areas | City Manager or the City Manager's designee | DMMC § 16.15.170 |
Townhouse development with no more than four lots | Planning, Building and Public Works Director | DMMC § 18.60.050(2) and 17.05.150 |
Shoreline substantial development permit | Planning, Building and Public Works Director | DMMC § 16.20.010 |
Shoreline substantial development permit revisions | Planning, Building and Public Works Director | DMMC § 16.20.010 |
Modification of landscaping requirement(s) | Planning, Building and Public Works Director | DMMC § 18.195.420 |
Type III – Quasi-judicial and other decisions by the Hearing Examiner made after legally required opportunity for public comment | Hearing Examiner | DMMC § 18.20.180 |
Appeal of an administrative/land use decision | Hearing Examiner | DMMC § 18.20.160 |
Conditional use permit | Hearing Examiner | Chapter 18.140 DMMC |
Hearing Examiner approval, conditional approval or denial of a project based upon chapter 16.05 DMMC, SEPA | Hearing Examiner | Chapter 16.05 DMMC |
Variance | Hearing Examiner | DMMC § 18.35.070 |
Abatement of nonconforming uses (exempt DMMC § 18.20.060(1)) | Hearing Examiner | DMMC § 18.15.110 |
Type IV – Quasi-judicial and other nonlegislative decisions by the City Council made after legally required opportunity for public comment | City Council | DMMC § 18.20.190 |
Zoning map amendments (site specific) | City Council | Chapter 18.30 DMMC |
Subdivisions – preliminary plat approval | City Council | |
Modified subdivision – preliminary | City Council | |
Alteration or vacation of a subdivision – preliminary | City Council | |
Alteration or vacation of a short plat with public dedication – preliminary | City Council | |
Alteration or vacation of a binding site plan with public dedication – preliminary | City Council | DMMC § 17.20.050(1)(b) and chapter 17.10 DMMC |
Alteration of vacation of binding site plan with more than four lots; not involving a public dedication – preliminary | City Council | DMMC § 17.20.050(1) and chapter 17.30 DMMC |
Approval of business park and institutional campus master plans (exempt DMMC § 18.20.060(1)) | City Council | DMMC § 18.105.050 |
Binding site plan with more than nine lots, preliminary approval | City Council | DMMC § 17.30.050(2) and 17.30.090 |
Planned unit development, preliminary approval | City Council | Chapter 18.230 DMMC |
Townhouse development with more than nine lots | City Council | |
City Council approval, conditional approval or denial of a project based upon chapter 16.05 DMMC | City Council | Chapter 16.05 DMMC |
Shoreline substantial development permit with an environmental impact statement | City Council | DMMC § 16.20.010 |
Shoreline conditional use | City Council | DMMC § 16.20.010 |
Shoreline variance | City Council | DMMC § 16.20.010 |
Unclassified use permit | City Council | DMMC § 18.20.190 |
Type V – Quasi-judicial and other nonlegislative decisions by the City Council without requirement for public comment | City Council | DMMC § 18.20.200 |
Final alteration or vacation of binding site plan with public dedication | City Council | |
Final alteration or vacation of binding site plan with more than four lots and not involving a public dedication | City Council | |
Final alteration or vacation of short subdivision with public dedication | City Council | |
Final alteration or vacation of subdivision | City Council | |
Final binding site plan with more than four lots | City Council | DMMC § 17.30.070 |
Final modified short subdivision | City Council | DMMC § 17.15.090 |
Final modified subdivision | City Council | DMMC § 17.15.090 |
Final planned unit development | City Council | Chapter 18.230 DMMC |
Final townhouse development with more than four lots | City Council | Chapter 18.60 DMMC |
Subdivision – final plat | City Council | |
Type VI – Legislative decisions made by the City Council made after legally required opportunity for public comment (exempt pursuant to DMMC § 18.20.060(1)) | City Council | DMMC § 18.20.210 |
Area-wide rezones | City Council | DMMC § 18.30.100 |
Comprehensive Plan adoption or amendments | City Council | DMMC § 18.25.050 |
Textual code amendment of Titles 12, 14, 16 and 17 DMMC, Subdivisions, and this Title | Planning, Building and Public Works Director schedules public meeting before the City Council | |
(Ord. 1591 § 58, 2014; Ord. 1628 § 2, 2015; Ord. 1655 § 6, 2016; Ord. 1737 § 3, 2020)
§ 18.20.090 Application forms, timelines and fees.
(1)
All applications for land use actions and other City approvals specified in Title 12 DMMC, Streets, Sidewalks and Public Places, Title 14 DMMC, Buildings and Construction, Title 16 DMMC, Environment, Title 17 DMMC, Subdivisions, and this Title, shall be submitted on the forms contained in Appendix A to this chapter and pursuant to the specific provisions of the DMMC identified above. All applications shall be authorized by the property owner.
(2)
All applications shall be processed in such a manner that they may be heard, decided or extended by written agreement of the applicants by the appropriate body within the time periods set forth in the above-identified Titles from the date a completed application is filed, unless the delay is a result of the failure of the applicant to provide information required and necessary for review of the application.
(3)
Fees for applications for land use actions should be as set forth in the Fee Resolution approved by the City Council.
(Ord. 1591 § 59, 2014)
§ 18.20.100 Pre-application meetings.
(1)
Informal Pre-Application Meetings. Applicants for a land use action may participate in an informal meeting prior to submittal of the application for land use action or the formal pre-application meeting. The purpose of the meeting is to discuss, in general terms, the proposed land use action, alternatives, required approvals, and the land use action process.
(2)
Formal Pre-Application Meetings. Unless waived by the Planning, Building and Public Works Director, potential applicants or their designees are required to attend a formal pre-application meeting for all Type III, Type IV, and Type VI land use actions. The purpose of the meeting is to discuss the nature of the proposed development, application and approval requirements, fees, review process and schedule, and applicable policies and regulations. As appropriate, the Planning, Building and Public Works Director shall invite representatives of affected agencies, such as other City departments and special purpose districts, to attend any formal pre-application meeting. This meeting requirement should be deemed waived in the event the Planning, Building and Public Works Director or the Planning, Building and Public Works Director's designee is unavailable to meet within 10 days of a request for such meeting.
(Ord. 1591 § 60, 2014)
§ 18.20.110 Acceptance for vesting.
(1)
An application for a proposed land use action shall not serve to vest any development rights until the Planning, Building and Public Works Director determines the application is complete as specified by this code.
(2)
Applications found to include material errors shall be deemed withdrawn and subsequent submittals shall be treated as a new application and shall require a new application fee.
(3)
Applicant-generated requests for revision(s), i.e., those requests which are not made in response to staff review or public appeal, that result in a substantial change to the proposed land use action, as determined by the Planning, Building and Public Works Director, shall be treated as a new application as of the date of receipt of the revision by the Planning, Building and Public Works Department and shall require a new application fee.
(Ord. 1591 § 61, 2014)
§ 18.20.120 Notice of complete application.
(1)
An application for land use action is complete for purposes of this section when it contains all of the following:
(a)
A completed application form.
(b)
All applicable fees.
(c)
Written authorization of the property owner.
(d)
A completed environmental checklist for projects subject to review under the State Environmental Policy Act (SEPA).
(e)
Information required in applicable titles of the Des Moines Municipal Code.
(2)
Notice of complete application shall be provided as provided in RCW 36.70B.070.
(3)
For the purposes of this section, applications will only be deemed "received" if filed during regular business hours with the appropriate department and date-stamped by a City official authorized to accept such applications.
(4)
More than one request for additional information may be required by the Planning, Building and Public Works Director prior to the issuance of a notice of complete application. The Planning, Building and Public Works Director shall attempt to minimize the number of requests for additional information. The applicant shall attempt to provide the requested information in a complete and prompt manner.
(Ord. 1591 § 62, 2014)
§ 18.20.130 Public notice of proposed land use action.
(1)
Upon a determination that a complete application for a land use action has been filed, the Planning, Building and Public Works Director shall issue a notice of proposed land use action.
(3)
Notice of Hearing Required.
(a)
All applications to be heard by the Hearing Examiner, except appeals of an administrative decision, require public notice. Unless the ordinance governing the application provides otherwise, written notice is mailed to all persons entitled by this chapter to receive notice and notice is given by at least one publication in the official newspaper of the City not less than 15 days prior to the scheduled hearing date. The form of the notice and the manner in which it is given shall conform with the requirements of this chapter. The Hearing Examiner may require or provide such additional notice as deemed necessary to serve the public interest, including publication in a newspaper of general circulation. The Planning, Building and Public Works Department shall be responsible for ensuring that appropriate public notice is given.
(c)
On appeals from administrative decisions, notice shall be required only to the administrator whose decision is being appealed and the appellant.
(4)
Notice of Hearing – Content. Each public notice required by this chapter shall contain at least the following information:
(a)
The date, time, and place of the hearing, as designated by the Hearing Examiner, except legal holidays, specified in DMMC § 1.02.140;
(b)
A legal description and common location description of the property;
(c)
A description of the proposed action;
(d)
A statement that any person may appear or be heard and that written comments will be accepted and made part of the record;
(e)
A statement that the hearing will be held pursuant to the rules of procedure of the Hearing Examiner; and
(f)
The name, address, and office telephone number of the person within the Planning, Building and Public Works Department or other City department from whom additional information may be obtained.
(5)
Persons Entitled to Notice.
(a)
The Planning, Building and Public Works Department shall cause written public notice to be mailed to all owners of record of property located within 300 feet, exclusive of public rights-of-way, of the property that is the subject of the application, including any property that is contiguous and under the same or common ownership and control.
(b)
The Planning, Building and Public Works Department shall cause written public notice to be mailed to:
(6)
Notice of Hearing – When Given. Notices of hearings required under this chapter shall be mailed or posted at least 15 days prior to the scheduled hearing date.
(7)
Unless an open record public hearing is required, public notice of a land use action is not required for a Type I land use action or an action categorically exempt under chapter 16.05 DMMC.
(8)
The notice of proposed land use action shall indicate that a 15-day public comment period is provided.
(9)
Written comment in response to a notice of proposed land use action shall be provided to the Planning, Building and Public Works Department during the 15-day public comment period.
(Ord. 1591 § 63, 2014)
§ 18.20.140 Staff reports.
(1)
The Planning, Building and Public Works Department shall coordinate and assemble the comments and remarks of other City departments and make a written report on all applications.
(2)
The report of the Planning, Building and Public Works Department generally contains a description of the proposed use, a summary of applicable zoning and plan requirements and policies, other applicable requirements and policies, recommended findings and conclusions relating to the proposed use, a recommendation, and proposed conditions if the recommendation is for approval.
(3)
Where a hearing is required, at least seven days prior to the scheduled hearing, the department shall file its report with the hearing body and cause a copy to be mailed to the applicant or the applicant's representative. A copy of the report will be made available to any other person if the request for the copy is made at least 24 hours prior to the scheduled hearing.
(4)
If a report is not available as provided in this section, the hearing body may reschedule or continue the hearing upon his or her own motion or upon the motion of a party, or the hearing body may decide the matter without the report.
(5)
Staff reports shall be consistent with RCW 36.70B.060(5).
(Ord. 1591 § 64, 2014)
§ 18.20.150 Review process for Type I land use action.
§ 18.20.160 Appeal from administrative decisions – Time for filing – Substantial weight requirement – Standard of review – Failure to exhaust administrative remedies.
Any person or persons aggrieved by any administrative decision, made under a provision of this code which expressly provides that such administrative decision is subject to review by the Hearing Examiner, may seek review of such decision by the Hearing Examiner by filing with the City Clerk a written notice of appeal of an administrative decision within 10 days of the decision that is being challenged. The City Clerk may reject or dismiss any appeal sought to be filed by a person not given the right to appeal under this code, or any incomplete appeal. An appeal will be considered incomplete if it fails to satisfy the requirements set forth above or if it does not provide at least the following:
(1)
Applicable filing fee, a schedule of which is available by contacting the City Clerk;
(2)
The appellant's name, address, telephone number and fax line, and other information which would facilitate prompt communications with the appellant;
(3)
A copy of the administrative decision that is the subject of the appeal;
(4)
A detailed statement identifying specifically the error of fact, law or procedure made by the administrative decision maker, and the effect(s) of the alleged error(s) on the decision that is the subject of the appeal; and
(5)
A statement of the redress sought by the appellant.
The administrative decision appealed shall be given substantial weight by the Hearing Examiner. On any such appeal, the standard of review shall be whether the administrative decision was clearly erroneous based on a review of all evidence, or the administrative decision was arbitrary or capricious. Failure of a party to request review by the Hearing Examiner of an administrative decision shall be a bar to any further judicial review.
(Ord. 1591 § 66, 2014)
§ 18.20.170 Review process for Type II land use action.
A notice of application is required for a Type II action.
(1)
Upon conclusion of the 15-day public comment period, the Planning, Building and Public Works Director may approve, approve with conditions, or deny a Type II land use action subject to applicable public notice and appeal provisions.
(2)
The Planning, Building and Public Works Director's decision regarding a Type II land use action shall be effective on the date issued.
(Ord. 1591 § 67, 2014)
§ 18.20.180 Review process for Type III land use action.
A notice of application is required for a Type III action.
(1)
Upon conclusion of the 15-day comment period and any applicable SEPA appeal period, the Hearing Examiner in an open record public quasi-judicial hearing may approve, approve with conditions, or deny a Type III land use action as specified by chapter 18.240 DMMC, Hearing Examiner.
(2)
The Hearing Examiner's decision regarding a Type III land use action, other than an action for abatement of a public nuisance pursuant to DMMC § 18.15.110, is appealable to the Superior Court of Washington for King County as specified by chapter 18.240 DMMC (appeals from decision of Hearing Examiner).
(Ord. 1591 § 68, 2014)
§ 18.20.190 Review process for Type IV land use action.
A notice of application is required for a Type IV action.
(Ord. 1591 § 69, 2014; Ord. 1737 § 4, 2020)
§ 18.20.200 Review process for Type V land use action.
(1)
The City Council may approve with conditions or deny a Type V land use action without public notice other than the notice requirements for public meetings.
(2)
The decision of the City Council shall be effective on the date final action is taken during a public meeting if no other effective date is identified in the City Council action or as otherwise provided by law.
(Ord. 1591 § 70, 2014; Ord. 1737 § 5, 2020)
§ 18.20.210 Review process for Type VI land use action.
(1)
For textual code amendments, the Planning, Building and Public Works Director may schedule a public hearing before the City Council as provided in DMMC § 18.30.100.
(2)
Upon conclusion of the 15-day comment period, the City Council may approve, approve with conditions, or deny a Type VI land use action upon compliance with the procedural requirements of chapter 18.30 DMMC, Amendments to the Zoning Code, Map and Planned Unit Developments.
(3)
Except for matters subject to review by the Central Puget Sound Growth Management Hearings Board as provided by RCW 36.70A.280, as presently constituted or as may be subsequently amended, the City Council's decision regarding a Type VI land use action is appealable to the Superior Court of Washington for King County as specified by DMMC § 18.20.290 (Appeal from decision of the City Council).
(Ord. 1591 § 71, 2014; Ord. 1737 § 6, 2020)
§ 18.20.220 Written report or decision.
A written report of the decisions identified above shall be provided as required by RCW 36.70B.060 and 36.70B.130.
(Ord. 1591 § 72, 2014)
§ 18.20.230 Procedures for open record public hearings.
(2)
Written information received from the public or other agencies shall be admitted to the record during the time between the publication of the applicable public notice, and the closing of the open record public hearing by the presiding officer of the City Council hearing.
(3)
Oral testimony from the public or other agencies shall be admitted to the record during the time between the opening and closing of the open record public hearing by the presiding officer of the City Council hearing.
(4)
Upon the closing of the open record public hearing by the presiding officer of the City Council hearing, no additional written information or oral testimony from the public or other agencies will be accepted or considered.
(Ord. 1591 § 73, 2014)
§ 18.20.240 Procedures for closed record appeal hearings.
(2)
Closed record public hearing shall be conditional as required by RCW 36.70B.020, 36.70B.060, 36.70B.110, 36.70B.120 and 43.21C.070 and all other applicable laws.
(3)
Except as specified by procedures for reconsideration or remand, no new evidence or testimony shall be given or received during a closed record appeal hearing. However, the parties to the appeal may submit written statements limited to the issue(s) appealed.
(Ord. 1591 § 74, 2014)
§ 18.20.250 Reconsideration.
A party to a public hearing or closed record appeal may seek reconsideration of a final decision. Requests for reconsideration shall be submitted and considered as specified by DMMC § 18.240.240 (Hearing Examiner decision) and 18.240.250 (City Council decision).
(Ord. 1591 § 75, 2014)
§ 18.20.270 Final decision.
When written notice of a final decision is required, such notice shall be provided as specified by RCW 36.70B.060, 36.70B.090, and 36.70B.130.
(Ord. 1591 § 76, 2014)
§ 18.20.280 City Council action on appeal from Hearing Examiner – Procedure – Burden of proof – Criteria to affirm, modify, reverse, or remand.
(1)
The City Council, in a closed record hearing, may affirm, reverse, modify, or remand the decision of the Hearing Examiner. The City Council may adopt all or portions of the Hearing Examiner's findings and conclusions. No new testimony shall be taken or new evidence accepted by the City Council, except as provided for de novo consideration of a matter as authorized by subsection (3) of this section. The decision of the City Council shall be in writing in the City Council minutes and shall contain modified or amended findings and conclusions wherever such findings or conclusions are different from those of the appealed decision. Each material finding shall be supported by evidence in the record. The burden of proof with regard to modification or reversal of the decision of the Examiner shall rest with the appellant. The decision of the Hearing Examiner is to be given substantial weight by the City Council.
(2)
The procedure on appeal to the City Council shall be as follows: The presiding officer shall at the onset establish time limitations for oral argument by the appellant and opponent to the appeal; provided, that the appellant may reserve a portion of its time for rebuttal; and provided further, that such time limitations shall not be less than 10 minutes per side. Such oral argument shall be confined to the record and to any alleged errors therein or to any allegation of irregularities in procedure before the Hearing Examiner. If the City Council finds that:
(a)
There has been substantial error; or
(b)
The proceedings were materially affected by irregularities in procedure; or
(c)
The Hearing Examiner's decision was unsupported by material and substantial evidence in view of the entire record as submitted; or
(d)
The Hearing Examiner's decision is in conflict with the City's Comprehensive Plan; or
(e)
Insufficient evidence was presented as to the impact of the land use action on the surrounding area; or
(f)
The appellant is seeking to enter information that was not previously available for reasons beyond the control of that party and that such information is more likely than not to affect the outcome;
it may remand the matter for reconsideration before the Hearing Examiner, or reject or modify the Hearing Examiner's decision; provided, any rejection or modification of the Hearing Examiner's decision shall be in the form of written findings and conclusions by Council which are supported by evidence in the record.
(3)
For a Hearing Examiner decision that is not related to a proposed land use action, the City Council may reject the Hearing Examiner's decision and set a public hearing for a date certain at which time the City Council will consider the application de novo, or for any reason listed in subsection (2)(a), (b), (c), or (f) of this section it may choose to modify the Hearing Examiner's decision; provided, any such modification shall be in the form of written findings and conclusions by Council which are supported by evidence in the record.
(4)
Affirmance. If the City Council finds neither a procedural nor a factual basis for the appeal and concludes that there has been no substantial error in the Hearing Examiner's decision, the City Council may adopt the findings of the Hearing Examiner and affirm the decision of the Hearing Examiner.
(5)
Reversal or Remand Modification.
(a)
If the Council remands the decision to the Hearing Examiner, it sets forth in the minutes its reasons and the issues to be considered by the Hearing Examiner on remand.
(b)
Within five days of the date of the Council's written remand order, the Hearing Examiner mails notice of the Council's decision, the date, time, and place of the remand hearing, and the issues to be considered to all parties of record. The Hearing Examiner holds a public hearing, limited to the issues set forth in the Council's order, within 30 days of the date of the remand order.
(c)
If the City Council finds a procedural or a factual basis for the appeal and concludes that there has been a substantial error in the Hearing Examiner's decision, the City Council may adopt new findings and reverse or modify the decision of the Hearing Examiner.
(6)
The participation of the City Attorney or any member of the Legal Department of the City in such appeal shall be limited to that of legal advisor to the City Council.
(Ord. 1591 § 77, 2014)
§ 18.20.290 Appeal from decision of the City Council.
If the decision of the City Council requires adoption of an ordinance, the decision of the City Council shall be considered final on the effective date of the ordinance. Otherwise, the decision of the City Council shall be considered final as of the date upon which the City Council casts its vote to affirm, modify, or reverse the Hearing Examiner. The action of the City Council, approving, modifying, or reversing a decision of the examiner, shall be final and conclusive, unless an aggrieved party, who was a party of record in the hearing before the Examiner and City Council, files a land use petition in the Superior Court of Washington for King County as specified by chapter 36.70C RCW. (However, appeals from City Council decisions on shoreline substantial development permits shall be taken to the Shoreline Hearings Board pursuant to the provisions of chapter 90.58 RCW.) For purposes of the land use petition proceedings, the petitioner shall be responsible for transcribing the record and bear the costs of the transcription.
(Ord. 1591 § 78, 2014)
§ 18.20.300 Appeal fees.
The fee for appeals made pursuant to this chapter, excluding DMMC § 18.20.280, shall be set by administrative order of the City Manager or the City Manager's designee and shall be payable in advance, provided: (1) the City Manager or the City Manager's designee shall waive such fees upon a finding of indigence according to standards adopted by the Des Moines Municipal Court, and (2) the decision-making body shall have discretion and jurisdiction to direct that any fees paid shall be refunded to a prevailing appellant upon a finding of just cause.
(Ord. 1591 § 79, 2014)
§ 18.20.310 Establishment of rules for conduct of hearings.
The Hearing Examiner shall conduct public hearings in accordance with the provisions of chapter 18.240 DMMC, Hearing Examiner.
(Ord. 1591 § 80, 2014)
§ 18.20.320 Limitations on refiling of applications.
Upon final action in denying an application or petition for an action permitted by the zoning code or upon the verbal or written withdrawal of an application or petition following convening of a public hearing, the Planning, Building and Public Works Department shall not accept further filing of an application for substantially the same property involving substantially the same use within six months from the date of final action or withdrawal.
(Ord. 1591 § 81, 2014)
§ 18.20.330 Records.
The City shall cause to be kept a brief minute record of the proceeding. Such record, applications filed pursuant to this Title, the written order or motion showing the action and the reasons therefor and the evidence of notice, and other material shall become a part of the records of the City to which application is made. Provisions for custody of such additional records or minutes may be adopted by the City.
(Ord. 1591 § 82, 2014)
§ 18.20.350 Hearings may be continued without public notice.
If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to, and at which, the hearing or meeting will be continued and no further notice is required.
(Ord. 1591 § 83, 2014)
§ 18.20.360 Withdrawal of application or petition – Effect – Refund of fees.
An application or petition for an action permitted by the zoning code that is withdrawn verbally or in writing is subject to the following provisions:
(1)
If a verbal or written withdrawal request is made prior to the convening of a public hearing, the withdrawal is permitted as a matter of right and the limitation on refiling of the application or petition as provided in DMMC § 18.20.320 is inapplicable.
(2)
If a verbal or written withdrawal request is made after the convening of a public hearing, the applicant is prohibited from further filing of an application for substantially the same property involving substantially the same use for a period of six months from the date of withdrawal.
(3)
The Planning, Building and Public Works Director may authorize a full or partial refund of application or petition fees. The amount of the refund is reduced in proportion to the costs incurred by the City up to and including the date a refund claim is made.
(4)
A full refund of fees is granted only when the withdrawal is caused by an error or omission on the part of the City.
(5)
A person claiming a refund must submit a statement in writing to the Planning, Building and Public Works Director giving the basis for the refund claim. Such statement shall be made within 10 days of the acceptance of the withdrawal.
(Ord. 1591 § 84, 2014)
§ 18.25.010 Title.
This chapter shall be entitled "Amendments to Comprehensive Plan."
(Ord. 1591 § 85, 2014)
§ 18.25.020 Application.
This chapter shall apply to all amendments to the Comprehensive Plan.
(Ord. 1591 § 86, 2014)
§ 18.25.030 Purpose.
The purpose of this chapter is to implement the goals and requirements of chapter 36.70A RCW.
(Ord. 1591 § 87, 2014)
§ 18.25.040 Authority.
§ 18.25.050 Amendment of Comprehensive Plan.
(1)
Amendment of the City of Des Moines Comprehensive Plan shall be considered by the City Council no more frequently than once every calendar year. Exceptions to this limitation are as follows:
(a)
The initial adoption of a subarea plan;
(b)
The adoption or amendment of the shoreline master program under the procedures set forth in chapter 90.58 RCW, as presently constituted or as may be subsequently amended;
(c)
The amendment of the capital facilities element that occurs concurrently with the adoption or amendment of the City's budget; or
(d)
Whenever an emergency exists as declared by the City Council, or to resolve an appeal of a Comprehensive Plan filed with the Growth Management Hearings Board (GMHB) or court.
(2)
All requests for amendment of the Comprehensive Plan shall be considered by the City Council concurrently so the cumulative effect of the various requests can be ascertained.
(3)
The Planning, Building and Public Works Director shall maintain a docket of amendments to be considered by the City Council during the annual amendment of the Comprehensive Plan.
(4)
Requests for redesignation of property shall be considered and the final decision rendered prior to City Council consideration of any request for reclassification of the same property.
(Ord. 1591 § 89, 2014)
§ 18.25.060 Initiation of amendment.
Amendments to the City of Des Moines Comprehensive Plan may be initiated as follows:
(1)
Application by the owner(s) of property proposed for redesignation;
(2)
Adoption of a motion by the City Council directing the Planning, Building and Public Works Department to initiate the amendment; or
(3)
The Planning, Building and Public Works Department with the approval of the City Manager.
(Ord. 1591 § 90, 2014)
§ 18.25.070 Development regulations to be consistent with and implement the City of Des Moines Comprehensive Plan.
(1)
For the purpose of compliance with RCW 36.70A.040(3)(d), the development regulations contained in Titles 12, 14, 16, 17 DMMC and this Title shall be consistent with and implement the City of Des Moines Comprehensive Plan.
(2)
Future amendments of City development regulations shall be consistent with the City of Des Moines Comprehensive Plan.
(3)
Where the City of Des Moines Comprehensive Plan and development regulations adopted by subsection (1) of this section are in conflict, the development regulations shall prevail, or in the absence of applicable development regulations, the goals, findings, policies and strategies of the City of Des Moines Comprehensive Plan shall apply.
(Ord. 1591 § 91, 2014)
§ 18.25.080 Schedule for initiation and review of amendments.
(1)
Applications for amendment of the City of Des Moines Comprehensive Plan may be submitted to the Planning, Building and Public Works Department between January 1st and June 30th of each calendar year.
(2)
Applications for amendment of the City of Des Moines Comprehensive Plan that do not require an environmental impact statement as determined by the Planning, Building and Public Works Director shall be acted upon by the City Council between September 1st and December 31st of the calendar year of application. In the event the City Council cannot act upon the applications for amendment by December 31st of the calendar year, the City Council may extend its review to the following calendar year.
(3)
Applications for amendment of the City of Des Moines Comprehensive Plan that require an environment impact statement as determined by the Planning, Building and Public Works Director may be acted upon by the City Council between September 1st and December 31st of the year following completion of the environmental impact statement.
(4)
By resolution, the City Council may adopt an alternative review schedule from the schedule specified by this section for a particular calendar year.
(Ord. 1591 § 92, 2014)
§ 18.25.090 Contents of application for amendment.
(1)
Applications for amendment of the City of Des Moines Comprehensive Plan shall be submitted in writing to the Planning, Building and Public Works Department. Every application for amendment shall include all of the following information:
(a)
A completed application form as provided by the Planning, Building and Public Works Director.
(b)
For an amendment of the text of the City of Des Moines Comprehensive Plan, the requested change(s) shall be shown in legislative format (strikeouts and underlining).
(c)
For an amendment of the preferred land use maps within the land use element, the request shall include a legal description of the subject property area and a parcel map identifying the subject property.
(d)
An explanation of why the amendment is being proposed.
(e)
The application fee as specified by the Planning, Building and Public Works Department fee schedule.
(2)
The following information may also be required as determined by the Planning, Building and Public Works Director:
(a)
A completed SEPA checklist with the applicable fee as specified by the Planning, Building and Public Works Department fee schedule.
(b)
Property owner and tenant information as specified by DMMC § 16.05.190(5), Public notice procedure – Notice of DNS, mitigated DNS, or DS.
(c)
One or more public notice signs as specified by DMMC § 16.05.190(1), Public notice procedure – Notice of DNS, mitigated DNS, or DS.
(d)
One or more special studies, special public notice provisions, or other information as necessary to review and process the proposed amendment.
(3)
Separate applications shall be required when the proposed amendment addresses more than one issue or policy, as determined by the Planning, Building and Public Works Director.
(4)
The applicant shall be responsible for and may be required to reimburse the City for administrative costs associated with proposed amendments including special studies, staff review, mapping, printing, public notice, etc., as determined by the Planning, Building and Public Works Director.
(5)
The Planning, Building and Public Works Director may waive specific submittal requirements determined to be unnecessary for review of an application.
(6)
The Planning, Building and Public Works Director with the approval of the City Manager or the City Manager's designee may alter a privately initiated amendment relating to a specific property in order to allow the consideration of nearby property, similarly situated property, or area-wide impacts.
(Ord. 1591 § 93, 2014)
§ 18.25.100 Decision criteria.
(1)
Amendment of the City of Des Moines Comprehensive Plan is a legislative action (Type VI land use action) and the City Council shall be afforded the broadest possible discretion during review of amendment requests. The City Council may approve, approve with modifications, or deny any application for amendment.
(2)
The City Council may approve or approve with modifications an amendment to the City of Des Moines Comprehensive Plan when:
(a)
The amendment would correct a technical error; or
(b)
The amendment addresses changing circumstances or the needs of the City as a whole, and will benefit the City as a whole; and
(c)
All of the following conditions are satisfied:
(i)
The amendment is consistent with the Growth Management Act.
(ii)
The amendment is not inconsistent with other elements or policies of the City of Des Moines Comprehensive Plan.
(iii)
The amendment will not adversely impact community facilities and bears a reasonable relationship to public health, safety, and welfare.
(iv)
For amendments relating to a specific property:
(3)
During the review of a proposed amendment to the City of Des Moines Comprehensive Plan, factors that may be considered by the Planning, Building and Public Works Director and the City Council include, but are not limited to, the following:
(a)
The effect upon the physical environment.
(b)
The effect upon the economic environment.
(c)
The effect upon the social environment.
(d)
The effect upon open space, surface waters, and environmentally critical areas.
(e)
The effect upon parks of local significance.
(f)
The effect upon historic and archaeological resources of local significance.
(g)
The compatibility with an impact upon adjacent land uses and surrounding neighborhoods.
(h)
The adequacy of and impact upon capital facilities, utilities, and public services.
(i)
The quantity and location of land planned for the proposed land use type and density.
(j)
The current and forecasted population in the area or City.
(k)
The effect upon other aspects of the City or the City of Des Moines Comprehensive Plan.
(Ord. 1591 § 94, 2014)
§ 18.25.120 Comprehensive Plan amendments.
There is adopted by reference a Comprehensive Plan, on file with the City Clerk, as subsequently amplified, augmented and amended pursuant to the provisions in this Title, as identified below.
(1)
Chapter 1: Introduction;
(2)
Chapter 2: Land Use Element;
(3)
Chapter 3: Transportation Element;
(4)
Chapter 4: Conservation and Environment Element;
(5)
Chapter 5: Capital Facilities, Utilities, and Public Services Element;
(6)
Chapter 6: Parks, Recreation, and Open Space Element;
(7)
Chapter 7: Housing Element;
(8)
Chapter 8: Economic Development Element;
(9)
Chapter 9: North Central Neighborhood Element;
(10)
Chapter 10: Marina District Element;
(11)
Chapter 11: Pacific Ridge Element;
(12)
Chapter 12: Healthy Des Moines Element.
(Ord. 1623 § 3, 2015; Ord. 1664 § 2, 2016; Ord. 1712 § 2, 2018; Ord. 1731 § 2, 2019; Ord. 1746 § 1, 2020; Ord. 1828, 9/25/2025)
§ 18.30.010 Title.
This chapter shall be entitled "Amendments to the Zoning Code, Map and Planned Unit Developments."
(Ord. 1591 § 95, 2014)
§ 18.30.020 Application.
This chapter shall apply to all amendments of the zoning code, zoning map or planned unit developments.
(Ord. 1591 § 96, 2014)
§ 18.30.030 Purpose.
This chapter sets forth the basis of and the process by which the zoning code, zoning map and planned unit developments may be amended.
(Ord. 1591 § 97, 2014)
§ 18.30.040 Authority.
§ 18.30.050 Zoning code may be amended.
Whenever public necessity, convenience, and general welfare require, the boundaries of the zones established on maps by this Title, the zone of property uses in this Title, or other provisions of this Title may be amended as follows:
(1)
By the adoption of or the amendment of a zoning map or maps; or
(2)
By adoption of a planned unit development; or
(3)
By amending the text of the Title.
(Ord. 1591 § 99, 2014)
§ 18.30.060 Initiation of amendment.
Amendment to this Title and the zoning map of the City are initiated as follows:
(1)
Amendments to the zoning map of the City may be initiated by:
(a)
The verified application of one or more owners of property which is proposed to be reclassified or rezoned;
(b)
Adoption of a motion by the City Council directing the Planning, Building and Public Works Department to initiate the amendment;
(c)
The Planning, Building and Public Works Department with the approval of the City Manager.
(Ord. 1591 § 100, 2014)
§ 18.30.070 Public hearing required.
The City Council shall hold one public hearing before taking action on any amendment to this Title, application for a planned unit development, and notice of the hearing shall be given as provided in chapter 18.20 DMMC.
(Ord. 1591 § 101, 2014)
§ 18.30.080 Criteria for a site-specific rezone.
All site-specific zoning map amendment requests must meet all of the following criteria:
(2)
The amendment is consistent with the Comprehensive Plan;
(3)
The amendment bears a substantial relation to the public health, safety and welfare;
(4)
The amendment is warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property;
(5)
The property in question is adjacent and contiguous (which shall include corner touches and property located across a public right-of-way) to property of the same or higher zoning classification;
(6)
The amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property;
(7)
The amendment has merit and value for the community as a whole.
(Ord. 1591 § 102, 2014)
§ 18.30.090 Decision of City Council.
Enactment of a resolution or ordinance by the City Council approving a site-specific amendment to the zoning code or planned unit developments shall constitute final action. When the action of the City Council is to deny a request for a site-specific amendment to the zoning code or planned unit development, the adoption of the motion shall constitute final action. Written notice of the action shall be forwarded to the Planning, Building and Public Works Department to be attached to the permanent file of the case and the Planning, Building and Public Works Department shall notify the applicant of the final action of the City Council.
(Ord. 1591 § 103, 2014)
§ 18.30.100 Textual changes to zoning code or area-wide rezones.
Amendments to this Title that constitute a textual change or an area-wide rezone are made in the following manner:
(1)
As used in this section, unless the context or subject matter clearly requires otherwise, "textual change" means a change or amendment to this Title except:
(2)
No textual change is made without at least one public hearing before the City Council.
(Ord. 1591 § 104, 2014; Ord. 1737 § 7, 2020)
§ 18.35.010 Title.
This chapter shall be entitled "Waiver of Zoning Requirements and Variances."
(Ord. 1591 § 105, 2014)
§ 18.35.020 Application.
In those instances where the City Council has passed an ordinance amending the zoning map and such amendment has restricted the use of the rezoned property, by ordinance or concomitant agreement or development agreement pursuant to RCW 36.70B.170 through 36.70B.210, to a specified and unified project in accordance with plans and specifications incorporated by reference in the ordinance granting the zoning amendment, the City Manager or the City Manager's designee shall have the authority to waive certain setback requirements as described in DMMC § 18.35.050.
(Ord. 1591 § 106, 2014)
§ 18.35.030 Purpose.
The purpose of this chapter is to allow a limited waiver of setback requirements as described in DMMC § 18.35.050 as in specific circumstances set forth below.
(Ord. 1591 § 107, 2014)
§ 18.35.040 Authority.
§ 18.35.050 Setback requirements – Waiver limitations.
The setback requirements which may be waived are the open spaces between buildings which are required where lots have been short platted and which would not have been required if the lots had not been short platted. Prior to granting the setback requirement waiver, the City Manager or the City Manager's designee must be satisfied that the waiver is consistent with and effectuates the intent of the City Council in granting the project zoning.
(Ord. 1591 § 109, 2014)
§ 18.35.060 Appeal procedure.
Any person aggrieved by the decision of the City Manager or the City Manager's designee in either granting or denying a setback requirement waiver in accordance with this chapter may appeal such decision to the Hearing Examiner by filing such appeal in writing with the City Clerk within 10 days of the rendering of such decision. Such appeal shall be in accordance with chapter 18.240 DMMC.
(Ord. 1591 § 110, 2014)
§ 18.35.070 Variance criteria.
The Hearing Examiner may grant a variance, in specific cases, from the provisions of the zoning ordinance or other land use regulatory ordinances as the City may adopt, which will not be contrary to the public interest; but only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in unnecessary hardship. A variance from the provisions of such ordinance(s) shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that all of the following facts and conditions exist:
(1)
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
(2)
That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
(3)
That the special conditions and circumstances do not result from the actions of the applicant; and
(4)
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
(5)
The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Plan; and
(6)
That the granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of the other property in the same zone or vicinity; and
(7)
No conforming use of neighboring lands, structures, or buildings in the same zone, and no permitted use of lands, structures, or buildings in other zones, shall be considered grounds for issuance of a variance; and
(8)
In granting any variance, the Hearing Examiner may prescribe appropriate conditions and safeguards in conformity with the provisions of the zoning ordinance or other land use regulatory ordinances as the City may adopt. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this section; and
(9)
With respect to uses of land, buildings, and other structures, this section is declared to be a definition of the public interest by the City Council, and the spirit of this section will be controverted by any variance which permits a use not generally or by special exception permitted in the zone involved, or any use expressly or by implication prohibited, by the terms of this section in the zone; and
(10)
Therefore, under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or by special exception permitted in the zone involved, or any use expressly or by implication prohibited, by the terms of the zoning ordinance in the zone.
(Ord. 1591 § 111, 2014)
§ 18.40.010 Title.
This chapter shall be entitled "Revocation, Expiration of Permits."
(Ord. 1591 § 112, 2014)
§ 18.40.020 Application.
This chapter shall apply to any permit associated with a "Type III, IV or V" action that meets the criteria set forth below.
(Ord. 1591 § 113, 2014)
§ 18.40.030 Purpose.
The purpose of this chapter is to set forth a process by which a permit expires or may be revoked.
(Ord. 1591 § 114, 2014)
§ 18.40.040 Authority.
§ 18.40.050 Permits or variances may be revoked.
(1)
The City Council, after a recommendation from the Planning, Building and Public Works Department, may revoke or modify any permit associated with a Type IV or Type V land use action.
(2)
The Hearing Examiner, after a recommendation from the Planning, Building and Public Works Department, may revoke or modify any permit associated with a Type III land use action.
(3)
The Hearing Examiner has jurisdiction to revoke or modify any conditional use permit that was issued prior to the enactment of the ordinance codified in this chapter.
(4)
Such revocation or modifications pursuant to subsections (1) through (3) of this section shall be made on any one or more of the following grounds:
(a)
That the approval was obtained by fraud;
(b)
That the use for which such approval was granted has been abandoned;
(c)
That the use for which such approval was granted has at any time ceased for one year or more;
(d)
That the permit or variance granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, code, law, or regulations; or
(e)
That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.
(5)
Any action on a revocation or modification under this section is a Type III or Type IV land use action.
(Ord. 1591 § 116, 2014)
§ 18.40.060 Initiation of revocation proceedings.
The Planning, Building and Public Works Department, following approval of the City Manager or the City Manager's designee, may initiate proceedings to revoke a conditional use permit or variance, or any use permit which was issued prior to the enactment of this chapter. Individuals who are aggrieved may petition the Planning, Building and Public Works Department to initiate revocation proceedings.
(Ord. 1591 § 117, 2014)
§ 18.40.070 Expiration.
Any permit or variance granted pursuant to this Title becomes null and void if not exercised within the time specified in such permit or variance or, if no date is specified, within one year from the effective date of approval of the permit or variance.
(Ord. 1591 § 118, 2014)
§ 18.45.010 Title.
This chapter shall be entitled "Occupancy and Enforcement."
(Ord. 1591 § 119, 2014)
§ 18.45.020 Application.
This chapter shall apply to all buildings or structures or the use of property as regulated by this Title.
(Ord. 1591 § 120, 2014)
§ 18.45.030 Purpose.
The purpose of this chapter is to require certificates of occupancy and provide for the enforcement of the provisions of this Title.
(Ord. 1591 § 121, 2014)
§ 18.45.040 Authority.
This chapter is adopted pursuant to the provisions of Title 14 DMMC and other applicable laws.
(Ord. 1591 § 122, 2014)
§ 18.45.050 Certificates of occupancy.
(1)
To assure compliance with the provisions of this Title, a certificate of occupancy shall be obtained from the Building Official before:
(2)
If the subject requiring a certificate of occupancy is also required to secure a building permit, a business license, or any other evidence of authority required by law, such required certificate of occupancy for such use may constitute a separately identified part of such permit, license, or other evidence, and shall be cleared through the Building Official as conforming, or not conforming, to the provisions of this Title before any other license or permit or authority may be issued.
(3)
Each certificate of occupancy shall be issued only upon application signed by the authorized applicant, and shall contain over the signature of the applicant a correct statement of the use intended to be established and such certificate of occupancy may be issued only if such declared intended use conforms in every respect to the provisions of this Title.
(Ord. 1591 § 123, 2014)
§ 18.45.060 No conflicting licenses or permits shall be issued.
No license or permit in conflict with the provisions of this Title shall be issued, and if issued, any such license or permit shall be null and void.
(Ord. 1591 § 124, 2014)
§ 18.50.010 Title.
This chapter shall be entitled "Interpretation of Title 18 DMMC."
(Ord. 1591 § 125, 2014)
§ 18.50.020 Application.
This chapter shall apply to the interpretation of this Title.
(Ord. 1591 § 126, 2014)
§ 18.50.030 Purpose.
The purpose of this chapter is to provide for the interpretation of development code provisions in this Title.
(Ord. 1591 § 127, 2014)
§ 18.50.040 Authority.
§ 18.50.050 Interpretation.
(1)
Interpretation of this Title shall be the responsibility of the Planning, Building and Public Works Director.
(2)
Interpretations of this Title may be initiated by the submittal of a written request to the City Manager or the City Manager's designee.
(3)
Requests for interpretations of code shall be processed as a Type I land use action.
(4)
The City Manager or the City Manager's designee shall periodically submit to the City Council a summary of the interpretations requested and the corresponding interpretations made by the Planning, Building and Public Works Director. As needed, the summary shall include recommendations regarding the need for textual code amendments that would clarify DMMC provisions.
(Ord. 1591 § 129, 2014)
§ 18.50.060 Provisions not affected by headings.
Chapter and section headings contained in this Title shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section hereof.
(Ord. 1591 § 130, 2014)