Frequently Asked Questions

(Updated November 18, 2002)

1. Where do I find the requirements for the RC zone? The RC zone requirements are included in Title 14 Zoning, Chapter 14.32 RC - Residential Conservation Zone. This ordinance was recently amended to clarify permitted uses and categories of uses, to revise lot requirements, and to include provisions standard to other zones in which single family residential uses are the principal use of land. Chapter 14.32 - Residential Conservation Zone.

2. How does the RC zone designation affect my property? The zone change to RC freezes in place any legal use existing on the property as of April 2, 2002, and allows replacement of that same use at not more than the same density as legally existed on April 2, 2002, whether the replacement is a result of damage to the property or by choice (such as replacing an outdated structure). An accessory apartment not previously established may be approved in an owner-occupied residence where ordinance requirements are met and required building permits are obtained.

3. How is my legal use determined? You may file an application for Zone Verification through the Community Development Department. To be a legally established use (either conforming or non-conforming under current City code), the use must have been allowed at the time it was established and within the zoning district that it was established, and the new construction, reconstruction or building modification/conversion must have received the appropriate building permits, inspections and Certificate of Occupancy under the ordinances in effect at the time the use was established.

4. My property is in an R1 Single Family Residential District (R1.10, R1.8, R1.6(A), etc.). Is my property included in the zone change? No. Only properties zoned R2, R2.5, R3, R4 and R5 were included in the city-wide zone change to RC.

5. My property is vacant, but under its previous zoning could be developed as a four-plex. How was this affected by rezoning to RC? Under the RC zone, vacant property can be used for one of the permitted uses listed in 14.32.020. These include a single family dwelling, a residential facility for elderly persons, a residential facility for persons with a disability, and various utility uses (as permitted or conditional uses), subject to ordinance requirements appropriate to the proposed use. An accessory apartment may be approved in an owner-occupied single family home.

6. My property is too large for one home. Can I subdivide and build several homes? Under the RC zone, no new lots can be created. Subdivision of property requires approval of an application for zone change.

8. I have a legally established use, but on a non-conforming lot. Can I rebuild to the same standards, or will my property be required to conform to new lot standards? Non-conforming lots, while not "conforming" to the current code, are legal. Under the RC zone, any lot or parcel which legally existed on April 2, 2002, is considered to be both legal and conforming with regard to area, width, depth and frontage. You may rebuild your legally established building on the same lot. This improves the status of the property by conferring "conforming," rather than "non-conforming," status to the lot.

10. I have a non-conforming use as a duplex in an R2.5 zone, approved for occupancy by four singles rather than the current family definition of three singles. Is my non-conforming use affected? Under the RC zone, the use as a duplex for four singles, provided it was legally established under the use provisions of Title 14 and received appropriate building permits for construction of a duplex or conversion of a single family home to a duplex, became a legal, conforming use with the designation of the property as an RC zone. This improves the status of the property by conferring "conforming," rather than "non-conforming," status to the legally established use existing on the lot.

11. My application for development of property was vested (the Community Development Department received a complete application prior to the April 2002 temporary zoning ordinance creating a "moratorium" on multi-family housing applications). My project has made progress through the review and approval process, but was not "existing" as a constructed project on April 2, 2002. What is my legal use? The RC ordinance was amended to include all vested projects that have been processed by the Community Development Department which: a) have been approved or qualify for continuing review and are subsequently approved, and b) have not expired prior to project completion, but may not have completed construction by the date of determination for legally existing uses. The date of determining legal status under the RC zone was amended from January 1, 2002, to April 2, 2002.

12. Can I file an application to rezone my property from RC to R4 (or other multi-family zone district) since the moratorium ended in October 2002? The City recently amended the zoning ordinance to add a new tool to assist in the approval and development of new projects. The R2 through R5 zone districts are still part of the current Title 14, in part due to their application to Planned Developments (for example, an R2-PD) as underlying zones.  Staff anticipates these chapters of Title 14 will be repealed or perhaps amended to apply only to existing PD designations (no new applications accepted).  The Council intends to use the new PRO (see #13, below) rather than approve new applications to the R2 through R5 districts.

14.  How do I start a PRO application? The PRO ordinance provides an option for submitting a Schematic Development Plan to determine the Council's level of support prior to preparing the full documentation required for PRO application. If the Council recommends that the project proceed through the application process, 50% of the Schematic application fee will be credited toward a PRO application fee. The final PRO application, which may also be submitted without the Schematic step, incorporates an ordinance text amendment creating the new zone, a rezoning of the property to the newly created PRO zone, and a preliminary project plan within a single application.  Both the Schematic option and the PRO application proceed through the same public review process as a rezoning - a neighborhood meeting is held, followed by a public hearing before the Planning Commission for the purpose of a recommendation, followed by a public hearing before the Municipal Council for project approval.  Application forms for the Schematic Development Plan and the PRO are available in the office of the Community Development Department, 351 W. Center St..

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