A.

Title 18 of the Ridgefield Municipal Code shall be known as and may be cited as the "Ridgefield Development Code" (RDC) and shall be referred to herein as either "this title" or "RDC" interchangeably.

B.

The RUACP includes the following elements: Volume I, the Goals and Policies of the Ridgefield Urban Area Comprehensive Plan; Volume II, the Ridgefield Capital Facilities Plan (amended by deleting Chapter VIII (School District Capital Facilities Plan) of Volume II, the Ridgefield Capital Facilities Plan and substituting therefore the Ridgefield School District's Capital Facilities Plan, including revised school impact fees, adopted by the School District in April 2001); Volume III, the Ridgefield Development Code; Volume IV, the Ridgefield Engineering Standards for Public Works Construction; and Volume V, the Technical Supplements.

C.

The term "RUACP," when used in this title, refers to both the RUACP and the Ridgefield Capital Facilities Plan (CFP).

D.

The word "standard(s)," when used in this title, refers to both the RDC and the Ridgefield Engineering Standards for Public Works Construction.

(Ord. 795 § 1, 2002: Ord. 756 § 1, 1999; Ord. 676 § 1 (part), 1995).

The city has adopted the development regulations contained in this title pursuant to RCW 36.70A.120.

(Ord. 676 § 1 (part), 1995).

No building or other structure shall be constructed, improved, altered, enlarged or moved; nor shall any use or occupancy of premises within the city be commenced or changed; nor shall any condition of or upon real property be caused or maintained; nor shall vegetation be removed or excavation be undertaken; after the effective date of the ordinance codified in this title, except in conformity with conditions prescribed by this title.

It is unlawful for any person, firm, or corporation to erect, construct, establish, move into, alter, enlarge, use or cause to be used, any buildings, structures, improvements or use of premises contrary to the provisions of this title.

(Ord. 676 § 1 (part), 1995).

The Ridgefield Development Code (RDC) is the principal means of implementing the Ridgefield Urban Area Comprehensive Plan (RUACP), the Washington Growth Management Act (GMA), the State Environmental Policy Act (SEPA) and the Shoreline Management Act (SMA). The text and zoning maps constitute the RDC and regulations for the incorporated area of the Ridgefield Final Urban Growth Area (FUGA).

It is the purpose of RDC to classify, designate and regulate the development and division of land for open space, residential, commercial, industrial, and public land uses as a means of implementing the RUACP text and map.

In particular, it is the purpose of the RDC to conserve sensitive lands as defined on the Ridgefield Sensitive Lands Map; to provide adequate open spaces for light, air and the prevention of fires; to conserve native vegetation; to minimize erosion; to ensure adequate provision of public facilities and services; to maintain and enhance air and water quality; to reduce conflicts among types of land uses; to provide the economic and social advantages which result from an orderly, planned use of land and water resources; to facilitate energy conservation and the use of renewable energy resources; to enhance the livability neighborhoods and the quality of housing; to provide for desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of population densities; to provide for the preservation of adequate space for industrial, commercial and other activities necessary for a healthy economy; to encourage mixed land uses in designated areas; to lessen congestion of streets; to conserve views; to ensure alternative transportation options in conformance with the adopted capital facilities plan; to stabilize expectations regarding future development, thereby providing a basis for wise decisions with respect to such development; to minimize the impacts of development on neighboring properties; to provide for judicious, efficient, timely and reasonable administration respecting the due process set forth in this RDC and other applicable laws; and to protect and promote the public health, safety and general welfare.

(Ord. 676 § 1 (part), 1995).

A.

Defining Words. Words used in this title have their dictionary (see, the latest version of Webster's Unabridged Dictionary) meaning unless they are listed in Chapter 18.100, Definitions. Words listed in the Definitions chapter have the specific meaning stated, unless the context clearly indicates another meaning.

B.

Tenses and Usage.

1.

Words used in the singular include the plural. The reverse is true.

2.

Words used in the present tense include the future tense. The reverse is true.

3.

The words "must," "shall," "will" and "will not" are mandatory.

4.

"May" is permissive.

5.

"Prohibited" means that an adjustment, conditional use or other land use review shall not be requested in order to allow an exception to the regulation in question. This does not preclude the council from making legislative changes in accordance with state law.

C.

Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions have the following meanings:

1.

"And" indicates that all connected items or provisions apply;

2.

"Or" indicates that the connected items or provisions may apply singly or in combination; and

3.

"Either...or" indicates that the connected items or provisions apply singly, but not in combination.

D.

Lists. Lists of items that state "Including the following," "such as," or similar language are not limited to just those items. Lists provide examples, but do not exhaust all possibilities.

(Ord. 676 § 1 (part), 1995).

A.

General hierarchy. When interpreting land use plans, policies, maps and standards, the city review authority shall apply the following general hierarchy of authority. In cases of ambiguity or conflicts, the review authority shall refer to and rely upon the RUACP for guidance above all other city texts or maps.

1.

The RUACP and CFP are the highest authority; plan text supersedes plan designation maps.

2.

The RDC text and zoning maps are the second highest authority, RDC text supersedes zoning maps. Interpretations of RDC text and zoning maps must be consistent with the RUACP and CFP.

3.

The city engineering standards are the lowest authority. Interpretations of the city engineering standards must be consistent with the RUACP and CFP and with the RDC text and zoning maps.

4.

However, the review authority shall not interpret general language in the RUACP so as to supersede specific or numeric RDC or engineering standards.

5.

The city may modify this general rule of hierarchy of authority through application of subsections B through E of this section.

B.

Plan and Zoning Designations Described. Plan designations found in the RUACP, such as LDR (low density residential), implement the text of the RUACP and lead to creation of RUACP plan designation maps. Plan designations are implemented by the text and maps of one or more zoning districts, and the text and maps. Overlay plan designations, such as OS/DT (open space/density transfer) must be read in conjunction with the underlying zoning districts, and are more restrictive than the underlying zoning districts. RDC design and performance standards must be read in conjunction with city engineering standards.

C.

Different Levels of Regulation. In general, an area with base zoning and overlay zoning is subject to all regulations of each. When regulations conflict, unless specifically indicated otherwise, the regulations in an overlay zone supersede regulations in base zones.

D.

Regulations at the Same Level. When regulations at the same level conflict, those that are more specific to the situation apply. When regulations are equally specific or when it is unclear which regulation applies, the most restrictive shall apply. The review authority shall rely upon the RUACP to determine which regulations apply.

E.

Figures, Tables and Maps. The code text controls in situations where there are differences of meaning between code text, figures or tables, and zoning maps.

(Ord. 676 § 1 (part), 1995).

A.

Land Use Approval and Building Permits.

1.

The city will process technically complete applications for land use reviews upon the regulations in effect at the time the applicant submits a complete application to the city.

2.

The review authority shall not process an application until the review authority finds the application to be technically complete.

3.

A technically complete application is an application that fully complies with Section 18.310.050.

B.

Legislative Changes. Applications for legislative changes, such as plan amendments or requests for rezoning, do not create a vested right to development regulations in effect at the time the legislative application was submitted.

(Ord. 676 § 1 (part), 1995).

A.

Transportation. Pursuant to RCW 36.70A.070(6)(b), the city shall not approve any land use action if such action will cause the level of service (LOS) on a transportation facility to fall below the standards or LOS adopted within the CFP.

1.

Exception. The city may approve a land use action which would result in a reduction of LOS below adopted CFP standards if the transportation improvements or strategies necessary to accommodate the impacts of the land use action are made concurrent with the development. Such strategies might include: increased public transportation services, ride sharing programs, demand management or other transportation systems management strategies. (See RCW 36.70A.070(6)(b).)

2.

For the purposes of this subsection, "concurrent with the development" means that improvements or strategies are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years.

3.

The burden is on the one requesting the land use action to demonstrate, by a preponderance of evidence, that such action would not result in a reduction in the LOS for a transportation facility to fall below the standards or LOS adopted within the CFP.

B.

Other Concurrency Requirements. The city shall ensure that all public facilities and services identified in the adopted CFP are adequate to serve the development at the time it is available for occupancy and use without decreasing current service levels below the levels of service established in the CFP. (See RCW 36.70A.020(12).)

1.

The city shall not approve any land use action that allows current service levels to decrease below LOS levels established in the CFP.

2.

For the purposes of this subsection, "con-currency" means that improvements or strategies are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years.

3.

The burden is on the one requesting the land use action to demonstrate, by a preponderance of evidence, that such action would not result in a reduction in any LOS to fall below the standards or LOS adopted within the CFP.

(Ord. 862 § 3, 2004: Ord. 676 § 1 (part), 1995).

A.

The planning director, planning commission or city council may, within the limit of state or federal law, impose conditions of development approval necessary to either ensure compliance with the purposes of this title, or to preserve and promote the general health, safety and welfare of Ridgefield.

B.

The city of Ridgefield may require a covenant recorded against the property to assure that all amenities and facilities serving a common purpose will be maintained by the owner according to an approved maintenance plan including the timing for payment or construction of the proportional share of said amenities and facilities. The owner shall record the covenant and name the city as grantee. The covenant shall assure that in the event the owner fails to maintain the common amenity or facility amenity consistent with city standards, the city shall have the right to remedy the deficiency and to assess the owner for the materials and services, including legal fees, required to remedy the deficiency.

(Ord. 676 § 1 (part), 1995).

(Ord. No. 1296, § 2(Exh. A), 10-10-2019)

If, for any reason, a court of law declares any portion of this title to be invalid or ineffective, the remaining portions of this title shall remain valid.

(Ord. 676 § 1 (part), 1995).