Dupont City Zoning Code

All of the following decisional criteria must be met in order for the application to be approved:

Conditions of Approval. The city may condition the application in order to insure conformance with provisions of the above decisional criteria.

That the use is listed as a conditional use, or that that listing for conditional uses contains the language permitting similar land uses in the district where the conditional use is proposed. For the use to be determined “similar” the majority of the aspects of use shall be the same or lesser than those of listed conditional uses;

That the granting of such conditional use permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements in such vicinity and/or district in which the property is located;

That the proposed use is properly located in relation to the other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on such facilities and streets;

That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and other such features required by the DMC;

That the proposed use is consistent with the goals and policies of the DuPont comprehensive plan.

To protect residential areas from potential adverse impacts of activities conducted for financial gain or profit in a dwelling unit; and

To permit residents of the community a broad choice in the use their homes as a place of livelihood and the production or supplementing of personal/family income.

The occupation is limited to such uses as personal, business, or professional services, offices and repair shops for household items, and does not involve automotive, truck or motorcycle repair.

The occupation shall be conducted only by the persons residing in the dwelling unit plus no more than one nonresident assistant or employee. Persons engaged in building trades or similar fields, using their dwelling unit or residential premises as an office for business activities carried on off the premises may have more employees than the limitation set forth in this chapter if they are not employed on the premises.

The occupation shall be conducted wholly within a structure and shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business, in the ordinary meaning of the term, that would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes.

Point of purchase retail sales is not permitted.

The home occupation shall not generate traffic volumes greater than what would normally be expected in a residential neighborhood. Parking shall be provided in conformance with Chapter 25.95 DMC.

Signs shall not be permitted.

Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued, and the requirements or permission granted or implied by this chapter shall not be construed as an exemption from such regulations.

A home occupation permit issued to one person shall not be transferable to any other person; nor shall a home occupation permit be valid at any address other than the one appearing on the permit.

Any person engaging in a home occupation shall register as a business under DMC § 5.04.010.

To make the building more conforming;

Where required by law;

Where a building is nonconforming only because of substandard yards, open spaces, area, or height and the structural alterations and enlargements do not increase the degree of nonconformity;

Structural alterations which do not increase the floor space are permitted where necessary to adapt a nonconforming building to new technologies or equipment for the existing uses;

Other structural alterations may be authorized as conditional uses under Chapter 25.135 DMC, Conditional Uses, if the alteration will improve the safety, appearance, or functionality of the property or make it less detrimental to other uses in the vicinity.

Minor site plan amendments shall be processed as a Type I procedure as set forth in DMC § 25.175.010. Minor site plan amendments may be made and approved when a building permit is issued.

Major site plan amendments shall be processed as a Type II procedure except for multifamily projects larger than 80 units and development projects greater than 15 acres in the business technology park and manufacturing research park which shall be processed as a Type III procedure as set forth in DMC § 25.175.010. When an applicant proposes a change to a site plan which constitutes a major amendment, no building or engineering permit related to the development proposal shall be issued by the city until the major amendment final decision has been issued.

A master plan shall be reviewed and processed as a Type III procedure as set forth in DMC § 25.175.010.

The hearing examiner may impose conditions to ensure neighborhood compatibility, to mitigate impacts relating to traffic and the environment, and to ensure sound urban design practices based on the city of DuPont comprehensive plan.

A master plan may be required for a specific overlay district and/or as part of a conditional approval.

Project Narrative. The master plan shall include a project narrative that describes (a) the project intent, (b) general character, (c) future land uses, (d) urban design, and (e) compatibility standards.

Concept Plan. The master plan shall include a concept map depicting (a) the transportation network including streets and trails, (b) land uses, (c) parks and open-space networks, (d) natural resources and environmental protection areas, and (e) landmarks. The master plan concept plan shall also include a site statistic table that includes (a) land areas, (b) density/intensity calculations, (c) proposed land uses, and (d) parking calculations.

Street Design. The master plan shall include typical street cross sections for all internal roadways. Street trees and paving material shall be identified.

Utility Plan. The master plan shall include a general utility plan for potable water, sanitary sewer, and stormwater plan for the entire project boundary.

Architecture and Materials Board. The master plan shall include information relating to the intended architecture and building materials that will be used for future development within the plan boundaries. The materials list should include (a) roofing material (b) exterior treatment, (c) window/fenestration design, and (d) colors.

Minor master plan amendments shall be processed as a Type I procedure as set forth in DMC § 25.175.010.

Major amendments shall be processed as a Type III procedure as set forth in DMC § 25.175.010. When an applicant proposes a change to a master plan which constitutes a major amendment, no building or engineering permit related to the development proposal shall be issued by the city until the major amendment final decision has been issued.

All of the following decisional criteria must be met in order for the application to be approved:

Conditions of Approval. The city may condition the application in order to insure conformance with provisions of the above decisional criteria.

Removal. The subject site shall be returned to its predevelopment state within 30 days of cessation of the temporary use as required by the approval. Additionally, a construction office for which a temporary use permit has been granted shall be removed from the subject site when the related construction is completed or the last unit is completed by the contractor.

Assurance Device. The decision maker may, in his/her sole discretion, require that the applicant for the temporary use post a bond, in the form and by a surety acceptable to the city attorney, and in an amount estimated by the city, to cover the cost of removal of the temporary use and restoration of the property.

A decrease of not more than 20 percent of the required width of a side, front or rear yard or yard between buildings;

An increase of not more than 10 percent of the permitted projection of cornices, sills, eave projections, fences or structures, maximum permitted lot coverage, unenclosed awnings and unenclosed and uncovered decks into a required front, side or rear yard;

An increase of not more than 10 percent in the maximum permitted height of a building.

The proposed variance will not amount to a rezone nor authorize any use not allowed in the land use district;

Special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other land in the same land use district, demonstrating that literal interpretation of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same zoning district under the terms of this title;

The special conditions and circumstances noted in subsection (2) of this section are not the result from the actions of the applicant or property owner;

Granting of the variance requested will not confer a special privilege that is denied other properties in the same land use district;

The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and district in which the subject property is situated; and

The requested variance does not go beyond the minimum necessary to afford relief.

The city may approve, approve with conditions or deny an application for reclassification of a single piece of property based on the following decisional criteria. All decisional criteria must be met in order for the reclassification to be granted.

The city may approve, approve with conditions or deny an application for a rezone of two or more parcels of property or amend the text of the land use code based on the following decisional criteria. All decisional criteria must be met in order for the amendment to be granted.

Purpose.

Notice of Proposal.

Community Workshop.

Public Hearing.

City of DuPont Comprehensive Plan (July, 1995);

City of DuPont Water System Comprehensive Plan (April, 1997);

City of DuPont Interim Capital Facilities Plan (August, 1997);

City of DuPont Interim Zoning Map (August, 1997);

City of DuPont Shoreline Management Master Program (amended January, 1980).

This title includes a map known, cited, and referenced as the city of DuPont Zoning Map (zoning map) which depicts the location and boundaries of various land use classifications, references and other information shown thereon, which map is incorporated by reference as part of this title.

A true and correct copy of the zoning map shall be kept in the planning department, and shall be revised to reflect all comprehensive plan land use map amendments within 30 days of enactment of said amendments. Said zoning map shall contain the date of initial adoption and the date of each subsequent revision.

A proposed amendment to the comprehensive plan may be submitted by any individual, organization, corporation or partnership, general or special purpose government, or entity of any kind; provided, that if the proposal involves specific real property, the property owner has provided written consent to the proposal. An applicant shall complete the necessary application form as provided by the planning department and pay the required filing fees. An environmental checklist and related fee shall also be required unless the proposal is categorically exempt from environmental review. City staff or the city council may initiate a planning program or specific amendment which may result in an additional element or other amendment to the plan.

Except for city-initiated planning programs or individual city-sponsored amendments, all proposed amendments to the comprehensive plan shall be submitted to the planning department no later than April 31st to be docketed for consideration during that year. Proposals filed after April 31st shall be considered during the following year's amendment process unless an emergency exists as defined in this section. All proposed amendments to the comprehensive plan shall be submitted to the planning department in writing on a form provided by the city, together with required filing fees. An environmental checklist and related filing fee shall also be submitted unless the proposal is categorically exempt from environmental review. A proposed amendment request shall include the following information:

The city shall broadly disseminate information regarding the annual amendment process.

The proposed plan amendment will further and be consistent with the goals, objectives and policies of the comprehensive plan, except for the policy being amended; County-Wide Planning Policies for Pierce County; and Vision 2020; and

The proposed plan amendment is consistent with the city's plans, policies and regulations for providing community facilities, including but not limited to utilities, transportation, parks, or schools, concurrent with development; and

If the request is to change the land use designation of a specific property on the interim zoning map, the applicant must also demonstrate either of the following:

The city shall monitor the comprehensive plan and regulatory procedures that implement the plan, and may initiate amendments as needed for adoption. This assessment shall be based on, but not limited to:

An assessment of the comprehensive plan shall occur at least every five years from the date of initial adoption of the plan.