Where other laws, codes (not including the previously adopted zoning code), or private restrictive covenants in recorded deeds, or any other legally binding agreements impose greater requirements, regulations, or restrictions than those contained herein, those other laws, codes, or covenants shall control, regardless of whether such laws or documents have been passed or created prior to or subsequently to the effective date of this zoning code.

The regulations set forth in this zoning code shall be considered to be minimum requirements for the purpose of promoting the general public health, safety and welfare of the people of the City of Sultan.

In response to federal requirements expressed through the Federal Emergency Management Agency (FEMA) biological opinion (bi-op) as a federal condition of maintaining eligibility for community participation in the National Flood Insurance Program (NFIP), certain developments as described in this section must undertake appropriate environmental analysis and document compliance with the federal Endangered Species Act (ESA)[1] as follows:

Permits for the construction of buildings, or for the use of land or buildings that have been issued permits within three years from the adoption of this zoning code, and that are in violation with the regulations of this code shall be declared void, unless evidence is shown to establish that substantial expenditures have been made (see definition of "substantial expenditures"). Investment in real property shall not be construed as an expenditure toward construction. Unless actual construction work, including grading and excavation, is underway within three years after the adoption of this code, and construction is completed within six years from the adoption of this code, such permit(s) shall become void.

Nothing in this zoning code shall be deemed to require any change in plans, construction, or designated use of any building or structure upon which actual construction was lawfully begun prior to the adoption of this code and upon which actual construction has been diligently carried on; and provided further that such building or structure shall be completed within three years from the date of passage of this code.

Any lot in a single ownership, whose ownership was of record at the time of the adoption of this zoning code, that does not meet the requirements for yards or other open space, may be utilized for single residence purposes; provided the requirements for such yard, width, depth, or open space is within 75% of that required by the terms of this code. The purpose of this provision is to permit utilization of recorded lots that lack adequate width or depth, as long as reasonable living standards can be provided.

More than one structure containing a permitted or permissible principal use may be erected on a single lot; provided that yard, area, and other requirements of the zoning code shall be met for each structure as though it were on an individual lot or as may be otherwise specified in this code.

The principal buildings on any lot or parcel of land shall be erected within the area bounded by the building lines established by setback or yard requirements. Accessory buildings may be erected within any building area established for the principal building and in required yard areas as may be provided for in the zoning code.

The height limitations contained in the tables of dimensional and density requirements shall not apply to spires, belfries, cupolas, chimneys, elevator machine rooms, elevator shafts, antennas, water tanks, ventilators, roof mechanical penthouses solely for air handling equipment, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy; however, the heights of these structures or appurtenances thereto shall not exceed any height limits prescribed by airspace height zones. Additionally, the height requirements shall not apply to an elevator shaft as stated above; provided that said elevator shaft does not occupy more than 20% of the roof of the building on which it is located.

No accessory uses or structures shall be located in any required yard except as provided for below:

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building into an improved drainage system meeting city standards.

Any building that has been wholly or partially erected shall not be moved and/or placed upon any premises until a permit for such removal shall have been obtained from the community development director.

When moved onto new premises, such building shall conform to all the provisions of the zoning code.

No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the community development director's office. No building permit shall be issued except in conformity with the provisions of the zoning code, unless a written order in the form of a variance as provided by this code has been issued.

No development permit shall be required if an existing building zoned LDR, MDR, or HDR is converted from one use to another, so long as the proposed use is permitted in the zoning district in which the building is located and the site complies with parking and landscaping requirements for the new use. Additionally, no development permit shall be required if an existing building zoned LDR, MDR, or HDR containing rental apartments is converted to condominiums (or vice-versa), so long as either the total number of dwelling units within the building does not increase, or if they do increase, they do not exceed the density limits permitted in the zoning district in which the building is located, and all off-street parking and landscaping requirements can be met.

No development permit shall be required if an existing building zoned NC, UC, or HOC is converted from one use to another, so long as the proposed use is permitted in the zoning district in which the building is located and the site complies with parking and landscaping requirements for the new use. Additionally, no development permit shall be required if an existing building zoned NC, UC, or HOC containing rental apartments is converted to condominiums (or vice-versa), so long as the total number of dwelling units within the building does not exceed 50% above the density requirements in the underlying zone. Additional housing units are permitted within an existing building envelope, provided the total number of dwelling units within the building does not exceed 50% above the density requirements in the underlying zone and all existing off-street parking is retained. RCW 35A.21.440.

Residential development in the HOC zone, except for STEP housing, is subject to the following standards.

It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses, which, due to their nature, require special consideration of their impact on the neighborhood, and land uses in the vicinity. The uses approved under the provisions of this chapter may be located in zone districts listing the use as a "conditional use" under such conditions as the hearing examiner may approve.

The following are the uses that require a conditional use permit (CUP):

When considering an application for a conditional use permit, the hearing examiner shall consider the applicable standards, criteria and policies established by this title as they pertain to the proposed use and may impose specific conditions precedent to establishing the use.

A conditional use permit runs with the land; compliance with the conditions of any such permit is the responsibility of the current owner of the property, whether that is the applicant or a successor. No permit for which a bond is required shall be considered valid at any time during which the required bond is not posted.

A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the hearing examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 125% of the cost of the installation or construction of the applicable improvements.

An application for a conditional use permit, which has been denied, may not be resubmitted within six months from the date of denial.

It is the purpose of this chapter to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect the development and perpetuation of desirable residential, commercial and industrial areas with appropriate grouping of compatible and related uses.

Unless otherwise specifically provided in the zoning code, nonconforming situations that were otherwise lawful on the effective date of this code may be continued.

To avoid undue hardship, nothing in this title shall be deemed to require a change in plans, construction or designated use of any building for which actual construction was lawfully begun prior to effective date of this chapter.

When a nonconforming lot can be used in conformity with all of the requirements applicable to the intended use, except that the lot is smaller than the required minimums set forth in the dimensional and density requirements for each zoning district, then the lot may be used as proposed just as if it were conforming.

When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the zoning official may allow variances from the applicable setback requirements if he/she finds that:

This chapter applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it.

An authorized use or structure may be erected on a preexisting legal lot containing less area than that required by the designated zoning district in which it is located; provided that the front, side, and rear yard requirements are met, as well as all other applicable dimension and density standards of this title.

If, on the date the zoning code becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this chapter. This requirement shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this chapter is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.

Any preexisting lawful use of land that is made nonconforming under the terms of this zoning code may be continued so long as the use remains lawful, subject to the provisions of this chapter.

Since the adoption of these zoning regulations in 1995, the code has not permitted agricultural uses, including the keeping of livestock, as a new land use in the City of Sultan. Agricultural uses that were in existence prior to 1995 are allowed to continue their operations as legal nonconforming uses so long as pasture land is provided at a ratio of 1/2 acre per domestic animal and proper fencing and sheltering are maintained in accordance with Chapter 6.08 SMC.

Where a lawful structure exists as of the effective date of this title, which could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure, said structure may remain so long as it remains otherwise lawful, subject to the following provisions:

Nothing in this title shall be deemed to prevent the strengthening or restoring to safe condition of any nonconforming building or part thereof declared to be unsafe by order of the city to protect the public safety.

Alterations or expansion of a nonconforming use which are required by law or public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed.

A nonconforming use and/or building cannot be maintained if more than 50% of the assessed value of improvements on the subject property is lost by any form of destruction whether through manmade or natural causes. Then, the subject property may thereafter be used only in conformity with the current zoning code regulations.

It is the purpose of this chapter to establish review and approval procedures for unusual or unique physical hardships that may be encountered when improving a site specific piece of property. The criteria for granting a variance for the dimension requirements of the zoning code are intentionally stringent, and approval of a variance does not set precedent for any other variance. No variance for an exception to the uses allowed in a particular zoning district can be approved.

An application of a variance can be made to the City of Sultan on a form provided by the planning staff. Information that may be required for variance review process and decision by hearing examiner can also be provided by the planning staff.

No application for a variance shall be granted unless the hearing examiner finds:

The decision of the hearing examiner on a variance application is final. Hearing examiner's decisions may be appealed to the Snohomish County superior court by a party with standing in accordance with the procedures of Chapter 36.70C RCW, or other court of competent jurisdiction as provided by law.