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Sammamish City Zoning Code

21.01 Introduction

21.01.010 Title

This Title shall be known as the City of Sammamish Development Code (SMC), hereinafter referred to as “this Title.” (Ord. O2021-540 § 2 (Att. A))

21.01.020 Authority

The City of Sammamish Development Code is adopted by City of Sammamish ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution. (Ord. O2021-540 § 2 (Att. A))

21.01.030 Purpose

The general purposes of this Title are:

A. To encourage land use decision making in accordance with the public interest and applicable laws of the state of Washington;

B. To protect the general public health, safety, and welfare;

C. To implement the City of Sammamish comprehensive plan’s policies and objectives through land use regulations;

D. To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

E. To provide for adequate public facilities and services in conjunction with development; and

F. To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. (Ord. O2021-540 § 2 (Att. A))

21.01.040 Conformity With This Title Required

A. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this Title.

B. Creation of, or changes to, lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this Title and SMC 21.02.060.

C. All land uses and development authorized by this Title shall comply with all other regulations and/or requirements of this Title as well as any other applicable local, state, or federal law. Where a difference exists between this Title and other City regulations, the more restrictive requirements shall apply.

D. Where more than one part of this Title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply.

E. Temporary uses or activities conducted during an emergency event, or training exercises conducted at emergency sites, designated pursuant to an emergency management plan, shall not be subject to the provisions of this Title. (Ord. O2021-540 § 2 (Att. A))

21.01.050 Effective Date

The ordinance codified in this Title shall be published on the City’s website, and shall take effect and be in full force 5 days after the date of publication, or date certain after the expiration of 5 days, as stated in the adopting or amending ordinance. (Ord. O2021-540 § 2 (Att. A))

21.01.060 Minimum Requirements

In interpretation and application, the requirements set forth in this Title shall be considered the minimum requirements necessary to accomplish the purposes of this Title. (Ord. O2021-540 § 2 (Att. A))

21.01.070 Interpretation

A. Applicability. This Section and SMC 21.09.070 authorize the Director to issue interpretations on regulations related to controls placed on development or land use activities by the City, including but not limited to zoning ordinances, critical areas ordinances, shoreline master program requirements, official controls, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto.

1. Nothing in this Section and SMC 21.09.070 shall prevent interpretations related to the applicability of specific regulatory requirements contained within the Sammamish Municipal Code to individual projects.

2. Further, nothing in this Section or SMC 21.09.070 shall preclude the Director or Hearing Examiner from interpreting a regulatory requirement during the course of a public hearing.

B. Intent. This Section and SMC 21.09.070 establish the procedure by which the City of Sammamish will render a formal interpretation of a development regulation. The purpose of such an interpretation includes clarifying conflicting or ambiguous provisions in the City’s development regulations.

C. General.

1. In case of inconsistency or conflict, regulations, conditions, or procedural requirements that are specific to an individual land use shall supersede regulations, conditions, or procedural requirements of general application.

2. A land use includes the necessary structures to support the use, unless specifically prohibited or the context clearly indicates otherwise.

3. In case of any ambiguity, difference of meaning, or implication between the text and any heading, caption, or illustration, the text and the permitted use tables in Chapter 21.05 SMC shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.

4. Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this Title, all words and terms used in this Title shall have their customary meanings.

5. A written interpretation by the Director of the provisions of the Sammamish Municipal Code clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the code. The written interpretation shall control application of the code sections discussed in it to any specific land use application.

6. Written interpretations issued for regulatory requirements that have been legislatively modified, repealed, or otherwise substantially changed, shall be considered null and void.

7. Any written interpretation shall not be applied retroactively, unless specifically required by the terms of the interpretation.

8. Whenever a reference is made to the Sammamish Municipal Code or to any portion of that code, the reference applies to all amendments, corrections and additions adopted by the City Council, regardless of whether such amendments, corrections and additions have been incorporated into the text of the Sammamish Municipal Code by means of codification.

D. Standard Industrial Classification (SIC).

1. All references to the standard industrial classification (SIC) are to the titles and descriptions found in the Standard Industrial Classification Manual, 1987 Edition, prepared by the United States Office of Management and Budget that is hereby adopted by reference. The SIC is used, with modifications to suit the purposes of this Title, to list and define land uses authorized to be located in the various zones, consistent with the Comprehensive Plan land use map.

2. The SIC categorizes each land use under a general two-digit major group number, or under a more specific three- or four-digit industry group or industry number. A use shown on a land use table with a two-digit number includes all uses listed in the SIC for that major group. A use shown with a three-digit or four-digit number includes only the uses listed in the SIC for that industry group or industry.

3. An asterisk (*) in the SIC number column of a land use table means that the SIC definition for the specific land use identified has been modified by this Title. The definition may include one or more SIC sub-classification numbers, or may define the use without reference to the SIC.

4. The Director shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The Director’s determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this Title and the zone’s purpose as set forth in SMC 21.04.020, by considering the following factors:

a. The physical characteristics of the use and its supporting structures, including but not limited to scale, traffic and other impacts, and hours of operation;

b. Whether or not the use complements or is compatible with other uses permitted in the zone; and

c. The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use.

E. Zoning Maps. Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:

1. Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non-road-related uses by adjacent property owners, if allowed in the right-of-way, shall meet the same zoning requirements regulating the property owner’s lot;

2. Where boundaries are indicated as approximately following lot lines, the actual lot lines shall be considered the boundaries;

3. Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and

4. If none of the rules of interpretation described in subsections 1. through 3. of this section apply, then the zoning boundary shall be determined by map scaling. (Ord. O2021-540 § 2 (Att. A))

21.01.080 Administration, Review Authority

A. The Hearing Examiner shall have authority to hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals, as set forth in SMC 21.09.070.

B. The director shall have the authority to grant, condition or deny applications for variances and conditional use permits, unless a public hearing is required as set forth in SMC 21.09.070, in which case this authority shall be exercised by the hearing examiner.

C. The director shall have the authority to issue a written code interpretation in accordance with the review procedures contained within this Chapter and SMC 21.09.070. The director shall issue such interpretations as he or she deems necessary, or upon the request of any person, in cases of any ambiguity, difference of meaning, unclear procedural requirements, or other unclear regulatory requirements of the SMC.

D. An interpretation related to a development proposal must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates.

E. The department shall have authority to grant, condition, or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures set forth in SMC 21.09.070.

F. Except for other agencies with authority to implement specific provisions of this Title, the department shall have the sole authority to issue official interpretations of this Title, pursuant to Chapter 2.55 SMC. (Ord. O2021-540 § 2 (Att. A))

21.01.090 Review

A. Decision Basis. In issuing an interpretation consistent with this Title, the Director may consider the following:

1. The purpose and intent statements of the Chapters in question;

2. Consistency with other regulatory requirements governing the same or a similar situation;

3. The legislative direction of the City Council, if any, provided with the adoption the code sections in question;

4. The policy direction provided by the Sammamish Comprehensive Plan, or other adopted policy documents;

5. Relevant judicial actions related to the interpretation;

6. Expected result or effect of the interpretation; and

7. Previous implementation of the regulatory requirements governing the situation.

B. Contents. Consistent with the requirements of SMC 21.09.070, the Director shall provide facts, findings, and conclusions supporting the interpretation. At a minimum, these shall include the following:

1. A brief summary of the issue that requires an interpretation by the Director;

2. The context of the interpretation, if not included or implied from the summary;

3. Citation of the decision basis from subsection A of this section; and

4. The interpretation, signature, and date.

C. Classification of Right-of-Way.

1. Land contained in rights-of-way for streets or alleys, or railroads shall be considered unclassified, except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this Title.

2. Uses within street or alley rights-of-way shall be limited to street purposes as defined by law.

3. Within railroad rights-of-way, allowed uses shall be limited to tracks, signals, or other operating devices, movement of rolling stock, utility lines and equipment, and facilities accessory to and used directly for the delivery and distribution of services to abutting property.

4. Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged. (Ord. O2021-540 § 2 (Att. A))

21.01.100 Drawings

The City staff is hereby authorized to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in this Title; provided, that the adopted provisions of the code shall control over such drawings. (Ord. O2021-540 § 2 (Att. A))

21.01.110 Severability

Should any section, paragraph, sentence, clause or phrase of this Title, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of the ordinance codified in this Title be preempted by State or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of the Title or its application to other persons or circumstances. (Ord. O2021-540 § 2 (Att. A))