Chapter 20.05
GENERAL PROVISIONS

Sections:

20.05.001    Title.

20.05.005    Scope and purpose.

20.05.010    Rules of interpretation.

20.05.015    Application and compliance with regulations.

20.05.030    Division of the city into zone districts.

20.05.035    Zoning map.

20.05.040    Interpretation of zoning boundaries.

20.05.045    Properties divided by zone boundary.

20.05.050    Prezoning.

20.05.055    Annexing properties.

20.05.060    Prohibited use – Marijuana producer, processor, and retailer.

20.05.070    Low impact development principles.

20.05.001 Title.

This title shall be known, cited and referred to as the zoning code of the city of Puyallup, Washington. (Ord. 2147 Exh. A, 1987).

20.05.005 Scope and purpose.

(1) The zoning regulations contained in this title, and subsequent amendments hereto are adopted to protect, promote, and enhance the public safety, health and general welfare, and to ensure that all development within the city is consistent with the Puyallup Comprehensive Plan. To accomplish this purpose, the city shall regulate the use, location, area and dimension of sites for development; the bulk and height of structures; the appearance of certain uses, structures and signs; open space; landscaping, ingress and egress; off-street parking; and the density and intensity of all development and other such aspects of land use which may be deemed necessary for the public health, safety and general welfare.

(2) The authority for the regulations contained in this title is based on Chapter 35A.63 RCW, relating to the regulation of land use and the adoption of standards for the regulation of population density; and the power of self-government granted to municipalities by the laws of the state. (Ord. 2147 Exh. A, 1987).

20.05.010 Rules of interpretation.

(1) The regulations contained in this title represent minimum standards and provisions for the development and use of land and structures.

(2) The provisions of this title are not intended to abrogate any easements, covenants, or other existing agreements affecting the use of land and structures that are more restrictive than the provisions of this title.

(3) Whenever the provisions of this title impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises or require larger open spaces or yards or setbacks than are imposed by other ordinances, the provisions of this title or the rules or regulations promulgated under this title shall govern.

(4) If any chapter, section, subsection, sentence, clause, phrase or portion of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(5) Nothing in this title or any amendment hereto other than as provided by law shall create or be construed to create any vested right in any person, or to be or create any encumbrance upon the title of any person to any property affected by this title or any amendment hereto. (Ord. 2147 Exh. A, 1987).

20.05.015 Application and compliance with regulations.

(1) The provisions of this title are declared to be in effect upon all land within the incorporated jurisdiction of the city of Puyallup, Washington from and after the effective date of this title.

(2) Except as provided in this title, no structure shall be erected or altered nor shall any land or structure be used for any purpose or in any manner other than as allowed in the zone or zones where such land or structure is located.

(3) Any structure for which a building permit has been issued under the provisions of ordinances in effect prior to the effective date of this title may be continued and completed in accordance with the terms upon which the permit was granted; provided, however, that such building permit remains in full force and effect pursuant to the Uniform Building Code enacted under PMC Title 17, or other applicable codes and regulations set forth in this code.

(4) Nothing in this title shall be construed to abrogate a contract between the city and a property owner which has been duly executed pursuant to a previously enacted ordinance effecting a zoning or rezoning of property. Where the provisions of a zoning contract conflict with the provisions of this title, the provisions of the contract shall prevail, unless said contract is modified or made null and void in accordance with its written terms.

(5) All departments, officials or public employees vested by law with authority to issue permits or licenses where required by law shall conform to the provisions of this title. No such license or permit for use, building, or other purpose where the same would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.

(6) The planning and community development director is authorized to review and approve of all permits or licenses that allow the erection, structural alteration, and expansion of any structure, and that allow the establishment, change or enlargement of any use for compliance with this title. The director shall establish procedures and applications that provide for such review and approval and may require that the applications for such permits and licenses include information as necessary to ensure the intent of this section and title is met. Such information may include a property development site plan locating proposed and existing structures and improvements, exterior elevations of all structures and improvements, proposed building setbacks, heights, coverage and floor area, and a description of proposed uses. Upon determining an application is complete, the director shall provide notice pursuant to PMC 20.11.006 and 20.11.012. (Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).

20.05.030 Division of the city into zone districts.

To carry out the intent and achieve the objectives of the city of Puyallup comprehensive plan and this title, the city is divided into the following zones:

(1) Base Zones:

RS-35

Very low density single-family residential zone

RS-10

Low urban density single-family residential zone

RS-08

Medium urban density single-family residential zone

RS-06

Urban density single-family residential zone

RS-04

High urban density single-family residential zone

RM-10

Medium density multiple-family residential zone

RM-20

High density multiple-family residential zone

RM-Core

Downtown-oriented high density multiple-family residential zone

OP

Professional office zone

CB

Community business

CBD

Central business district zone

CBD-Core

Central business district core zone

CL

Limited commercial zone

CG

General commercial zone

MP

Business park zone

ML

Limited manufacturing zone

PF

Public facilities

PDR

Planned residential development zone

PDC

Planned community development zone

FAIR

Fairgrounds zone

MED

Medical zone

(2) Overlay Zones:

RS-FPO

Single-family residential, fair parking overlay zone

RM-FPO

Multiple-family residential, fair parking overlay zone

FPM

Floodplain management overlay zone

FPB

Floodplain basin overlay zone

DRO

Design review overlay zone

AGO

Agriculture overlay zone

(Ord. 2851 § 1, 2006; Ord. 2754 § 1, 2003; Ord. 2468 § 1, 1996; Ord. 2147 Exh. A, 1987).

20.05.035 Zoning map.

(1) This title includes a map known, cited, and referenced as the zoning map of the city of Puyallup, which shows the location and boundaries of the various zoning notations, references and other information shown thereon, which map is incorporated by reference as part of this title.

(2) A true and correct copy of the zoning map shall be kept in the office of the planning director, and shall be revised to reflect all zoning map amendments within five days of enactment of said amendments. Said zoning map shall contain the date of initial adoption and the date of each subsequent revision. (Ord. 2147 Exh. A, 1987).

20.05.040 Interpretation of zoning boundaries.

Where uncertainty exists as to the boundaries of zones shown on the zoning map, the following rules of interpretation shall apply:

(1) Boundaries indicated as approximately following the centerlines of streets, highways, alleys, trails, streams, lakes, rivers, canals, or other bodies of water shall be construed to follow such centerlines and in the event of change in the centerline shall be construed as moving with the centerline.

(2) Boundaries indicated as approximately following the right-of-way lines of streets, highways, alleys or railroads shall be construed to follow such right-of-way lines and in the event of change in the right-of-way line shall be construed as moving with the right-of-way line.

(3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(4) Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (3) of this section, shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(5) Where a street or alley is vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned street or alley.

(6) In case any further uncertainty exists, the hearing examiner shall determine the location of such boundaries under the procedures set forth in Chapter 20.13 PMC. (Ord. 2268 § 16, 1991; Ord. 2147 Exh. A, 1987).

20.05.045 Properties divided by zone boundary.

Where a zone boundary line divides a single lot or abutting lots of common ownership comprising a single property, a conditional use permit pursuant to Chapter 20.80 PMC may be granted to permit in all portions of said property that are within 150 feet of the said boundary, any use permitted in the zone lying across said boundary on said property. Under such a conditional use permit, any setbacks or other buffers between zone districts as otherwise required under this title shall be provided between the conditionally permitted use and any applicable adjacent properties. (Ord. 2410 § 1, 1994; Ord. 2147 Exh. A, 1987).

20.05.050 Prezoning.

The city may establish zones for properties not presently located within the municipal corporate limits. Applications for such unincorporated area zones shall be considered and processed as rezones under Chapter 20.90 PMC. The regulations set forth in this title shall become effective upon annexation of such prezoned properties into the city. (Ord. 2147 Exh. A, 1987).

20.05.055 Annexing properties.

Properties annexing into the city shall be zoned in accordance with Chapter 20.90 PMC. (Ord. 2147 Exh. A, 1987).

20.05.060 Prohibited use – Marijuana producer, processor, and retailer.

Marijuana processors, marijuana producers, and marijuana retailers are prohibited in all zoning districts within the city of Puyallup. (Ord. 3080 § 4, 2014).

20.05.070 Low impact development principles.

General principles of low impact development are to be applied to development projects throughout the city where feasible, consistent with the requirements of Chapter 21.10 PMC, and include:

(1) Emphasizing natural resource conservation;

(2) Minimizing impervious surfaces, loss of existing vegetation, and storm water runoff;

(3) Incorporating any natural drainage features. (Ord. 3130 § 3 (Exh. A), 2016).