A. Amendments to the text of the comprehensive plan, this title, or RMC Title 17 may be initiated by the city council, planning commission or other person.

B. Decision Process. Text amendments are Type IV decisions. Public hearings shall be held by the planning commission and the city council on the proposed amendment. Any amendments to the text shall be adopted by ordinance of the city council.

C. Criteria. Text amendments shall be consistent with the following criteria:

1. Applicable provisions of the Rainier comprehensive plan; and

2. Applicable statewide planning goals and/or administrative rules as adopted by the Land Conservation and Development Commission. (Ord. 974 § 4 (Exh. A.2 § 6.1), 1998)

A. Legislative amendments to the comprehensive plan map or zoning map (changes of such size, diversity of ownership or interest as to be legislative in nature) may be initiated by the city council, planning commission, or other interested person.

B. Decision Process. Legislative map amendments are Type IV decisions. Public hearings shall be held by the planning commission and the city council on the proposed amendment. Any amendments to the map shall be adopted by ordinance of the city council.

C. Criteria for Comprehensive Plan Map Amendments. In order to grant a legislative amendment to the comprehensive plan map, city council shall find that:

1. The amendment must be consistent with all applicable provisions of the Rainier comprehensive plan;

2. The amendment must be consistent with all applicable statewide planning goals and/or administrative rules as adopted by the Land Conservation and Development Commission (LCDC);

3. The amendment must comply with all statutory and ordinance requirements and regulations;

4. There must be a demonstrated public need for the proposed amendment and this need will be best served by redesignating the property in question as compared with other available property; and

5. It must be demonstrated that the public interest is best carried out by approving the proposed amendment at this time.

D. Criteria for Zoning Map Amendments. Legislative amendments to the zoning map shall be consistent with the following criteria:

1. Applicable provisions of the Rainier comprehensive plan; and

2. Applicable statewide planning goals and/or administrative rules as adopted by the Land Conservation and Development Commission. (Ord. 974 § 4 (Exh. A.2 § 6.2), 1998)

A. Quasi-judicial amendments to the comprehensive plan map or zoning map (generally small in size, single ownership or single interest in changing the zoning map) may be initiated by the city council, the planning commission, or by application of an owner of property or the owner’s authorized agent within the area for which the amendment is proposed.

B. Decision Process. Quasi-judicial map amendments are Type IV decisions. Public hearings shall be held by the planning commission and the city council. Any amendments to the map shall be adopted by ordinance of the city council.

C. Criteria for Comprehensive Plan Map Amendments. In order to grant quasi-judicial amendment to the comprehensive plan map, city council shall find that:

1. The change is consistent with applicable plan policies; and either

2. A change of physical circumstances has occurred since the original designation; or

3. A mistake was made in the original land use designation.

D. Criteria for Zoning Map Amendments. Quasi-judicial amendments to the zoning map shall be consistent with the following criteria:

1. The proposal conforms with applicable provisions of the city’s comprehensive plan;

2. The proposal complies with all applicable statutory and ordinance requirements and regulations;

3. There is a public need for the proposal and that this need will be served by changing the zoning of the property in question as compared with other available property; and

4. The public interest is best carried out by approving the proposal at this time. (Ord. 974 § 4 (Exh. A.2 § 6.3), 1998)

Certain types of uses require special consideration prior to being permitted in a particular district. The reasons for requiring special consideration involves the effect such uses have on any adjoining land uses and the community as a whole, the nature of potential traffic problems and other impacts of the conditional use. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

An application for a conditional use permit shall be made by the owner of the affected property, or authorized agent, on a form prescribed by the city. The application shall be accompanied by the appropriate fee and information required by the application form. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

Conditional use permits are Type III decisions. The planning commission shall review the application at a public hearing and may approve, approve with conditions, or deny the application for a conditional use permit. In permitting a conditional use, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. These conditions may include, but are not limited to, requiring larger lot size or yard dimensions, increasing street widths, providing for the construction of public improvements, controlling the location and number of vehicular access points to the property, and requiring screening and landscaping. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

In order to grant a conditional use permit, the planning commission shall make findings of fact to support the following conclusions:

A. The use is listed as a conditional use in the zone which is currently applied to the site;

B. The characteristics of the site are suitable for the proposed conditional use considering the size, shape, location, topography, existence of improvements, and natural features;

C. The proposed conditional use is adequately served by public facilities;

D. The proposed conditional use will comply with applicable policies of the Rainier comprehensive plan; and

E. The proposed conditional use will not create any hazardous or adverse conditions. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

A conditional use permit shall become void two years after the date of final approval unless prior to that time a building permit has been issued for the project and substantial construction has taken place. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

An application for a conditional use permit may be made at the same time as an application for a rezone. In such a case the planning commission may hold one public hearing and consider the applications concurrently. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

A request to modify an existing conditional use permit shall be processed in the same manner as a request for a conditional use permit. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

The permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure unless otherwise specified in conditions attached to the permit. (Ord. 974 § 4 (Exh. A.2 § 6.4), 1998)

The planning commission may authorize a variance from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of the requirements of this title would cause an undue hardship. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

No variance shall be granted which will permit a use not permitted in the zone applicable to the property or to alter any procedural requirement of this title. No variance shall be granted to further reduce in size a substandard lot. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

An application for a variance shall be made by the owner of the affected property, or authorized agent, on a form prescribed by the city. The application shall be accompanied by the appropriate fee and information required by the application form. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

Variance permits are Type III decisions. The planning commission shall conduct a public hearing on the application and may approve, approve with conditions, or deny the application for a variance. In approving a variance, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

In order to grant a variance, the planning commission shall make findings of fact to support the following conclusions:

A. That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings, or structures in the same district;

B. That strict interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

C. That the special conditions or circumstances do not result from the actions of the applicant and do not merely constitute inconvenience;

D. That granting the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

E. That any variance granted shall be the minimum that will make possible a reasonable use of land, buildings and structures. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

A variance shall become void two years after the date of final approval unless prior to that time a building permit has been issued for the project and substantial construction has taken place. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

The permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure unless otherwise specified in conditions attached to the permit. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

The planning director shall have the authority to grant administrative relief of up to 20 percent on one site development requirement without the need for a variance. Administrative variances shall be reviewed and determined as Type I decisions, and may be approved only after finding that approval shall result in:

A. More effective use of the site;

B. The preservation of natural features, where appropriate;

C. The adequate provision of light, air and privacy to adjacent properties; and/or

D. Adequate access. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)

The purpose of this chapter is to recognize lots, structures, and uses of land and structures which were lawful before the effective date of the ordinance codified in this title, but which would be prohibited, regulated, or restricted under the terms of this title or future amendments. It is the intent of this chapter to permit these nonconformities to continue or be modified, subject to strict review criteria. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

Normal maintenance of a nonconforming building or structure containing a nonconforming use is permitted, including structural alterations to the bearing walls, foundations, columns, beams or girders, provided that:

A. No change in the basic use of the building occurs that would make the use less conforming to the zoning district; and

B. No alterations would enlarge the exterior footprint of the structure. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

If a nonconforming use is discontinued for more than 18 months, the building or land shall, thereafter, be occupied and used only for a use conforming to the zoning applied to the property. (Ord. 1039 § 2, 2007; Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

When a nonconforming use or structure is damaged by fire or any other cause beyond the control of the owner, it may be rebuilt within one year, provided the cost of the damage does not exceed 100 percent of the value of the prior improvements on the property, using new materials. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

An application for a modification or expansion of a nonconforming use shall be made by the owner of the affected property, or authorized agent, on a form prescribed by the city. The application shall be accompanied by the appropriate fee and information required by the application form. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

Nonconforming use permits are Type III decisions. The planning commission shall conduct a public hearing and may approve, approve with conditions, or deny a request for modification or expansion of a nonconforming use. In permitting a modification or expansion of a nonconforming use, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

In order to grant a nonconforming use modification, the planning commission shall make findings of fact to support the following conclusions:

A. That such modifications are necessary because of practical difficulties or public need;

B. That such modifications are no greater than are necessary to overcome the practical difficulties or meet the public need;

C. That such modifications will not significantly interfere with the use and enjoyment of other land in the vicinity, nor detract from property values; and

D. That such modifications will not endanger the public health, safety, and general welfare. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

A. Expansion of a nonconforming structure shall be limited to 25 percent of the floor area of the original structure.

B. Expansion of a nonconforming use shall be limited to 10 percent of the land area currently occupied by the nonconforming use.

C. In order to grant a permit for a nonconforming use expansion, the planning commission shall make findings of fact to support the following conclusions:

1. That the expansion of the nonconforming use or structure will not result in greater adverse impact upon the adjoining properties; and

2. That the proposed expansion of the nonconforming use or structure is necessary for the continued efficient operation of the use or structure. (Ord. 974 § 4 (Exh. A.2 § 6.6), 1998)

All new multifamily, commercial, institutional and industrial development, including new construction, a significant modification or expansion, or a change in use to a multifamily, commercial, institutional or industrial use, is subject to design review. A change in use from an existing to a new multifamily, commercial, institutional or industrial development is subject to design review if the change is to a more intensive use in any external impact as determined by planning and public works. External impact includes, but is not limited to, impacts such as traffic, parking, noise, odors, discharges or the use of hazardous materials.

Single-family dwellings and duplexes are not subject to design review. (Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

The purposes and objectives of the design review process are to:

A. Ensure that all development is brought into conformance with current standards;

B. Encourage originality, flexibility and innovation in site planning and development;

C. Encourage orderly development of a site in a manner compatible with surrounding property;

D. Provide for the orderly development of property in concert with timely construction of necessary public facilities and services;

E. Prevent undue traffic congestion and pedestrian hazards; and

F. Stabilize and improve property values. (Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

The applicant shall submit a completed application form and required fee, together with the following information, to initiate the design review process:

A. A site plan, drawn to scale, indicating the location of all existing and proposed structures, public and private streets, driveways, natural features, landscaping, parking and loading spaces, fencing/screening, and proposed plans for lighting and signs; and

B. Architectural drawings or sketches, drawn to scale, showing all elevations and exterior materials of the proposed structures. (Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

Design review applications shall be reviewed and determined by planning and public works as a Type II decision. Staff may approve, approve with conditions, or deny the application for design review. In approving a design review application, staff may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. (Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

Where, in the opinion of planning or public works, the conceptual plan raises substantial questions as to its ability to be accomplished within the standards of this title, or, because of its size, location or complexity is likely to raise concern from a substantial portion of nearby property owners or citizens or from governing public agencies. Staff shall determine that the application is a Type III decision and shall request review at a public hearing by the planning commission. (Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

In order to grant design review approval, staff or the planning commission shall make findings of fact to support the following conclusions:

A. That the public and private facilities and services provided by the development are adequate to serve the residents or establishments and meet city standards;

B. That adequate right-of-way and improvements to streets and pedestrian ways are provided by the development in order to promote safety and reduce congestion;

C. That there is a safe and efficient circulation pattern within the boundaries of the site and adequate off-street parking and loading facilities provided in a safe, well designed and efficient manner;

D. That adequate means are provided to ensure continued maintenance of private common areas;

E. That there is a desirable, efficient and workable interrelationship among buildings, parking, loading areas, circulation, open spaces, landscaping and related activities and uses on the site;

F. That grading and contouring of the site will minimize the possible adverse effect of grading and contouring on the natural vegetation and physical appearance of the site; and

G. That the proposed location and design of walls, fences, berms, signs, and lighting does not adversely impact surrounding properties. (Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

Design review approval shall become void two years after the date of final approval unless prior to that time a building permit has been issued for the project and substantial construction has taken place. The applicant may request an extension of a prior approval that has expired and an extension may be granted for up to two years. (Ord. 1020 (Exh A), 2005; Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

An application for design review may be made at the same time as another land use application. In such a case the planning commission may hold one public hearing and consider the applications concurrently. (Ord. 974 § 4 (Exh. A.2 § 6.7), 1998)

The planning commission may authorize a use which is not specifically listed as a permitted use, but is of the same general type and is similar in nature and impact to the uses permitted in the zone. The planning commission may not authorize a similar use if it is specifically listed as a permitted use in another zone. (Ord. 974 § 4 (Exh. A.2 § 6.8), 1998)

Similar use permits are Type II decisions and applications shall be reviewed pursuant to RMC 18.160.030. Type II decisions shall be determined by designated members of staff. The applicant must provide information necessary to make a proper determination, including information as to clientele, number and working hours of employees, expected traffic generation and characteristics of the use’s activities. Staff may approve, approve with conditions, or deny the application. Appeals shall be reviewed by the planning commission following the procedures spelled out in RMC 18.160.030(J). (Ord. 1091 § 2, 2023; Ord. 974 § 4 (Exh. A.2 § 6.8), 1998)

In order to grant a similar use permit, the planning commission shall make findings of fact to support the following conclusions:

A. That the use is not specifically listed as a permitted use in another zone;

B. That the use is consistent with the purpose of the zone;

C. That the use conforms with the applicable standards and limitations of the underlying zoning district; and

D. That the type of use is similar in function, nature, character and impact to a permitted use in the zone. (Ord. 974 § 4 (Exh. A.2 § 6.8), 1998)

A similar use authorized by the planning commission shall not be personal to the applicant and shall run with the land. Unlisted uses which the planning commission has determined to be similar to the permitted uses in the underlying zoning district shall no longer require a similar use permit and shall be considered as permitted uses in the applicable zoning district. A similar use determination does not carry to another zone. (Ord. 974 § 4 (Exh. A.2 § 6.8), 1998)

A temporary use permit may be issued for structures or uses temporary in nature, such as:

A. Real estate office used for the sale of lots or housing in subdivisions;

B. Temporary storage of structures or equipment, including boats and trailers;

C. Sheds used in conjunction with the building of a structure;

D. Temporary housing;

E. Other uses of a temporary nature when approved by the reviewing staff. (Ord. 974 § 4 (Exh. A.2 § 6.9), 1998)

Temporary use permits shall be reviewed and determined by planning and public works as a Type II decision. (Ord. 974 § 4 (Exh. A.2 § 6.9), 1998)

The following minimum requirements shall apply to temporary use permits:

A. A structure for which a temporary permit is issued shall be subject to all standards and limitations of the zoning district in which it is located.

B. The structure shall meet all applicable health and safety codes.

C. Temporary uses shall comply with all applicable local, state and federal regulations and requirements.

D. A structure for which a temporary permit is issued shall be removed upon expiration of the permit unless the permit is renewed through a new application and review process.

E. In no case shall a temporary use permit be renewed to allow the use to continue for more than one year. (Ord. 974 § 4 (Exh. A.2 § 6.9), 1998)

In issuing a temporary use permit, staff may impose reasonable conditions as necessary to preserve the basic purpose and intent of the underlying zoning district. These conditions may include, but are not limited to, the following:

A. Increasing the required yard dimensions.

B. Requiring fencing, screening, or landscaping to protect adjacent or nearby property.

C. Limiting the number, size, location or lighting of signs.

D. Limiting the time for certain activities.

E. Limiting the total duration of the use.

F. Posting bonds or other financial assurances to guarantee compliance with conditions of approval. (Ord. 974 § 4 (Exh. A.2 § 6.9), 1998)

A. If the applicant for a temporary activity or use fails to maintain compliance with the conditions of approval, or if the activity or use is determined, upon appeal of the staff decision, to be inconsistent with the provisions of the zoning district, such use shall, upon 15 days’ notice by the planning director, be terminated. Such an appeal may be made at any time during the duration of permit approval, and is not subject to other time limitations.

B. If the temporary use is determined to be incompatible with other uses in the vicinity or otherwise unsatisfactory, and such conditions cannot be mitigated, the temporary use or activity shall be denied renewal.

C. If, at any time, reviewing staff determines that a temporary use is more permanent than temporary in nature, such use shall comply with all standards and permanent review provisions of this title. (Ord. 974 § 4 (Exh. A.2 § 6.9), 1998)

The city planner shall have the authority to approve attached accessory dwelling units (ADUs) which are consistent with single-family neighborhood character and the regulations and provisions herein. The planning commission shall have the authority to approve detached accessory dwelling units which are consistent with single-family neighborhood character and the regulations and provisions herein. It is not the intent of these regulations to provide for ADUs on every residential property and they shall not be deemed to create a right or privilege to establish or maintain an ADU which is not strictly in compliance with these regulations. (Ord. 1095 § 2, 2024)

ADUs may be permitted in residential districts suburban residential (S-R), low density residential (R-1) and medium density residential (R-2) as accessory to single-family dwellings, subject to the requirements that follow. (Ord. 1095 § 2, 2024)

A. A certification from the public works superintendent that existing water and sewer facilities serving the property are adequate is required.

B. Only one ADU shall be permitted (attached or detached) as accessory to a single-family dwelling unit.

C. An accessory dwelling unit may not be sold as a separate piece of property, or as a condominium unit, unless allowed by the existing zoning on the property.

D. Parking. A minimum of two existing off-street parking spaces must be provided on the property where an ADU is proposed; one additional parking space for the ADU is required.

1. “On-street parking” is defined as parking spaces legally available for parking of vehicles. Posted time- or day-restricted parking spaces are not considered as available for purposes of this section.

2. A street/sidewalk entrance in the form of a walkway, landscaping features, mailbox post and similar construction to direct visitors to the ADU, is required per the determination of the city planner upon recommendation by the fire marshal.

E. Fire department access shall extend to within 150 feet of all portions of the exterior walls of the building as measured by an approved route. Distances in excess of 150 feet may result in additional requirements for construction as approved by the fire code official. Alleys shall not be considered for fire department access. (Ord. 1095 § 2, 2024)

A. Accessory dwelling units must be on the same lot as the single-family dwelling to which they are accessory. They may be attached (added to or created within) the existing single-family dwelling as provided for in RMC 18.154.060, or detached as provided for in RMC 18.154.070.

B. All housing and building codes and standards shall be applicable to all ADUs including, but not limited to, the building code, the plumbing code, the electrical code, the mechanical code, the fire code, and all requirements of the Columbia County health department. Note: manufactured homes may be used for ADUs but must be less than 10 years old.

C. Detached ADUs shall have separate independent utility connections and solid waste facilities.

D. The square foot area of any ADU, excluding any garage area, shall be not less than 300 square feet nor in excess of 1,000 square feet, and it shall contain no more than two bedrooms.

E. Street-facing entrances may be allowed. Exterior entrances can be located no closer than 10 feet to an adjoining private property line.

F. Any exterior stairs shall be placed in the rear or side yard and no closer than 10 feet to an adjoining private property line.

G. All ADUs shall have separate street addresses that are visible from both the street and alley that clearly identify the location of the ADU. (Ord. 1095 § 2, 2024)

A. The owner of the property or immediate family member of the property owner, or contract purchaser of record, of the single-family dwelling to which an ADU is accessory, shall reside either in the single-family dwelling or the ADU as a permanent place of residence (must occupy one of the dwelling units on the property for more than six months of each calendar year).

B. Only one of the residences may be rented or leased.

C. Vacation (short-term) rental, transient accommodation, and/or lodging is prohibited in ADUs or in single-family dwellings to which they are accessory. “Vacation (short-term) rental, transient accommodation and/or lodging” means the rental of any building or portion thereof used for the purpose of providing lodging for periods of less than 30 days.

D. The ownership of ADUs may not be separated from ownership of the single-family dwelling to which they are accessory.

E. Before issuance of the certificate of occupancy for an accessory dwelling unit, the homeowner must provide a copy of a statement recorded with the Columbia County clerk.

1. The statement must read:

An application for a permit for an accessory dwelling unit has been submitted to the city of Rainier by the owner of this property. Future owners are advised that the owner of the property must comply with all requirements of the Rainier Zoning Code, as amended, if the accessory dwelling unit is to be occupied or rented.

2. If an accessory dwelling unit is to be removed, appropriate permits and inspections must first be received from the city and Columbia County. If a homeowner wants to remove the statement as required by subsection (E)(1) of this section from the property’s title, then the city shall issue an appropriate release upon evidence that the accessory dwelling unit has been removed. The release shall be recorded by the homeowner with the county clerk’s office and a copy of the recorded release shall be provided to the city.

F. No day care centers or adult family homes shall be permitted in ADUs.

G. The following permit and inspection requirements shall be met:

1. No ADU may be added to, created within, or constructed upon the same lot as a single-family dwelling without a permit having been issued by the Columbia County land development services department;

2. All applications for ADU permits shall be on forms provided by the city recorder, and the fee for such permit shall be as provided in the building code;

3. No ADU may be occupied unless the owner of record of the single-family dwelling to which it is accessory possesses a current certificate of occupancy for such ADU;

4. Before any permit for the creation or construction of an ADU is granted, the proposed site thereof and the plans and specifications therefor shall be inspected by the building and fire officials to ensure that the provisions of this chapter are not violated; and

5. The building official may inspect ADUs after giving proper notice, at such time as a complaint alleging noncompliance with this chapter is received by the city. The purpose of such inspection shall be to determine if such ADU is in compliance with the requirements of this chapter. If such inspection reveals that such ADU is in compliance, the building official shall issue a certificate of occupancy for said ADU. If the inspection reveals the ADU is not in compliance, the building official shall not issue a certificate of occupancy for said ADU, and shall notify the owner or contract purchaser of the single-family dwelling to which said ADU is accessory that said ADU must be vacated and not occupied until it is reinspected by the building official and found to be in compliance, or the ADU removed. (Ord. 1095 § 2, 2024)

A. All attached ADUs shall be designed to maintain the appearance of the single-family dwelling to which they are accessory. If an ADU extends beyond the current footprint of the single-family dwelling, it must be consistent with the existing siding of the single-family dwelling. Any additions to an existing structure or building shall not exceed the allowable lot coverage or encroach into the required setbacks.

B. When garage space is converted to accessory dwelling unit living space the portion of the driveway leading to the former garage may remain. The parking standards identified above will still apply. (Ord. 1095 § 2, 2024)

In the event that the planning commission grants a conditional use permit for the construction of a detached ADU (i.e., an ADU that is not added to or created within the single-family dwelling) in accordance with this chapter, all of the provisions of this chapter shall be applicable thereto. In addition, the following provisions shall be applicable to such detached ADUs:

A. Landscaping may be provided for the privacy and screening of adjacent properties. Tall vegetative landscaping may be required between any windows or decks facing adjacent residential properties.

B. Two-story, detached accessory dwelling units may be designed to protect the privacy of adjacent residential uses.

C. Detached accessory dwelling units are not permitted in townhouse, zero lot line detached housing, or attached zero lot line housing developments. (Ord. 1095 § 2, 2024)

A. All proposed detached ADUs shall require that a conditional use permit be granted by the planning commission via a Type III review process with consideration of impacts to privacy of neighboring properties. Where practical, the ADU should be located and designed to minimize disruption of privacy and outdoor activities on adjacent properties. Strategies to accomplish this include, but are not limited to: window staggering, entries facing away, no overlooking decks, and landscaping.

B. In its consideration of an application, the planning commission shall evaluate:

1. Compliance with this section.

2. Window locations.

3. Impacts from shading of neighboring properties, specifically solar access and impacts to existing solar collection systems, photovoltaic or solar heating. (Ord. 1095 § 2, 2024)

A. Application may be made for any accessory dwelling unit existing prior to the effective date of this chapter to become legally permitted, pursuant to the provisions of this chapter.

B. An application to legalize an existing ADU shall include an application for an ADU permit and a building permit application showing changes made to the main residence or detached accessory building to accommodate the ADU. Approval shall be consistent with the ADU regulations and process outlined in this section. The ADU shall be reviewed using the current editions of building codes in place at the time its owner brings the unit forward for permit.

C. Nothing in this section shall require that the city permit existing ADUs that are determined to be noncompliant with this chapter. (Ord. 1095 § 2, 2024)