(a) Purpose. The purpose of this section is to generally state and summarize the uses and activities concerning land which are regulated by this title and to generally state and outline the manner of their regulation. This section is not intended to control over the more detailed provisions contained in this title.
(b) Generally. The use of land is regulated by this title. "Use" includes, by definition of this title, alterations to land itself, occupancy of land, all accessory uses, and associated structures and site improvements, or any combination thereof. (See Appendix A defining "use," "accessory use," and "structure.")
This title regulates uses in two ways:
(1) By specific development standards which must be met (See Chapters 10.08).
(2) By review of more significant uses to allow general policies and standards to be applied, to assure compliance with the purpose and intent of this title, and to allow more flexibility of development and use.
Different levels of review, Class 1, 2 and 3, are established for different categories of uses. The level of review is generally determined by the classification of the principal use listed in Chapter 28, Table 28-A. Certain accessory uses are subject to detailed regulations, for example home occupations, screening of refuse dumpsters, yard/garage sales in Chapter 10.28 and height of fences and swimming pools in Chapter 10.08.
Some of the specific development standards are designed to be administratively adjusted upwards or downwards to accommodate the purpose and intent of the zoning district involved and flexibility of development. (See Chapter 10.30)
(c) New and Existing Uses Regulated. Both uses established before and after adoption of this title are regulated, but are treated differently depending on their status under this title. Totally new and different uses are reviewed under Class 1, 2 or 3 review and if approved are called "approved uses." Previous uses whose principal use would be permitted in the zoning district in which they are located are called "existing uses." Existing uses are allowed to continue even though they have not been through the Class 1, 2 or 3 review procedures of this title and may not fully comply with the development standards of this title. Such uses may be reestablished as they previously existed if damaged or destroyed (See Chapter 10.36). Previously established uses which were legally established prior to the adoption of this title, but which have a principal use which would not be permitted in the zoning district in which it is located, are called "nonconforming uses." Such uses are allowed to continue but are subject to more restrictions. (See Chapter 10.36)
(d) Changes and Alterations to Uses and Developments. Changes and alterations to approved, existing, or nonconforming uses or developments are also regulated by this title and are called "modifications." "Modifications" are to be reviewed using the normal Class 1, 2 or 3 review process contained in this title. Changes and alterations to nonconforming uses are regulated by Chapter 10.36.
(e) Permits. No use or development, or modification of use or development, as those terms are defined, may be established, placed, performed, constructed or implemented, in whole or in part, without Class 1, 2 or 3 review and approval and compliance with any permit conditions imposed during such review and approval. The following uses, developments and modifications are exempt from Class 1, 2 or 3 review procedures but may be subject to other permits and approvals, permits fees and permit requirements (i.e., building permits, shorelines management permits, environmental review, business licenses, etc.):
(1) Normal structural repair and maintenance.
(2) Changes to conforming structures which do not involve structural alteration as that term is defined by this title.
(3) Rehabilitation of dwelling units, when such rehabilitation does not expand the number of units or physically expand the structure.
(4) Accessory structures otherwise meeting the specific development standards and other requirements of this title and which do not require a building permit under the provisions of the International Building Code as adopted by the city.
(5) Yard/garage sales meeting the requirements of Chapter 10.08.180.
(6) Fences meeting the requirements of Chapter 10.08.060.
(7) Alterations to land including grading, leveling, paving and excavation, the fair market value of which does not exceed two thousand five hundred dollars.
(8) Site-screening and landscaping.
(9) All grading and excavation, construction of private or public streets, construction of municipal and other utilities (water, sewer, storm drainage, electrical, telephone, cable TV, etc.) pursuant to an approved and valid short plat, regular subdivision, or planned development plan. (Ord. 1634 § 9, 2004.)