Commentary: The procedure for placing more than one unit on a parcel may require review for building for lease or rent in accordance with state and local regulations. Check with Development Services to determine applicability.

A.

Zoning Compliance Permits for New Buildings, Structuresor Uses

1.

A zoning compliance permit for a new principal building, principal structure, principal use, accessory building, accessory structure or accessory use on unzoned land (i.e., land that has not been assigned a city zoning classification) may be issued by the zoning officer if the zoning officer determines that at least two of the following criteria are met:

a.

The proposed development would have been allowed by the county zoning regulations in effect at the time of annexation;

b.

The proposed development is consistent with the land use recommendations of the adopted Growth Policy;

c.

The proposed development is consistent with Growth Policy goals, objectives and policies;

d.

The proposed development is located in an approved subdivision that complies with the approved subdivision plat and any conditions placed on the subdivision;

e.

The proposed development is substantially the same as or compatible with the existing or allowed land uses (based on zoning or Growth Policy designations) of 50% or more of the properties located within 300 feet of the subject property.

B.

Zoning Compliance Permit for Existing Use or Occupancy
The zoning officer may issue a zoning compliance permit for an existing use or building occupancy on unzoned land, including building additions, after determining that:

1.

The building, structure or use is a continuation of an existing nonconforming use under the county zoning classification in effect at the time of annexation; or

2.

The building, structure or use is pursuant to a variance granted by the County Board of Adjustment.

C.

Zoning Compliance Permit for Seasonal Activity Business Licenses
A zoning compliance permit may be issued by the zoning officer for seasonal activities on unzoned land if the area is not designated for residential use in the Growth Policy. All other provisions of general zoning regulations apply.

D.

Nonconformitiesin Unzoned Areas

1.

Any change of a nonconforming use on unzoned land must comply with 20.80.040.B. The zoning compliance permit must state that the replacement use is nonconforming.

2.

Nonconforming uses on unzoned land are subject to provisions of 20.80.040.F Once a use located on unzoned land loses its nonconforming status, any new or replacement use must comply with 20.70.010.A through 20.70.010.D.

3.

Nonconforming structures on unzoned land are subject to provisions of 20.80.030.F Once a structure located on unzoned land loses its nonconforming status, any new or replacement structure must comply with 20.70.010.A through 20.70.010.D.

E.

Compliance with General Zoning Regulations
When a proposed development on unzoned land is determined to be in compliance with 20.70.010.A through 20.70.010.D, it will be subject to general zoning regulations with respect to any new, expanded or changed land uses. Further, all new construction and additions to existing buildings are subject to the following setback and height regulations:

Table 20.70-1 Unzoned Areas, New Construction and Additions to Existing Buildings, Setback and Height Regulations

[1] Maximum height limit is 30 feet for buildings with primary roof pitch of less than 8 in 12 and 35 feet for buildings with primary roof pitch of 8 in 12 or greater.

[2] Minimum interior side setbacks for principal buildings must equal at least 33% of the height of the subject building.

F.

Appeal Process

1.

Decisions to deny a zoning compliance permit for unzoned land may be appealed in accordance with 20.85.120.F.2.

(Ord. 3511, 2013; Ord. 3471, 2011; Ord. 3410, 2009)