Chapter 19.05
AUTHORITY, PURPOSE, MINIMUM REQUIREMENTS, INTERPRETATION, USER’S GUIDE

Sections:

19.05.010    Title.

19.05.020    Authority to adopt code.

19.05.030    Purpose.

19.05.040    Minimum requirements.

19.05.050    Interpretation – General.

19.05.060    Brief user’s guide.

19.05.070    Severability.

19.05.010 Title.

The title of the ordinance codified in this title shall be known as the City of University Place zoning code, hereinafter referred to as “the code.”

(Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.05.020 Authority to adopt code.

The code is adopted by the City of University Place Ordinance No. 307, pursuant to Article XI, Section 11 of the Washington State Constitution.

(Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.05.030 Purpose.

The general purposes of the City of University Place zoning code are:

A. To implement the Growth Management Act (GMA) (Chapter 36.70A RCW), City of University Place Comprehensive Plan, and the goals of the Washington State Growth Management Act and subsequent amendments;

B. To protect the health, safety and general welfare through the regulation of physical development in the City, with specific attention to preserving the character of existing single-family neighborhoods;

C. To provide for adequate public facilities and services to support development;

D. To provide for orderly development and redevelopment through harmonious groupings of compatible land uses while also ensuring the provision of adequate space for residential, commercial, light-industrial, recreational, and other activities necessary for public welfare;

E. To protect property rights;

F. To retain and enhance the natural beauty and aesthetics of the community; and

G. To provide for the efficient and effective administration of zoning regulations.

(Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.05.040 Minimum requirements.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare.

(Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.05.050 Interpretation – General.

A. Regulations, conditions, or procedural requirements specific to an individual land use permit shall supersede regulations, conditions, or procedural requirements of general application.

B. The zoning code shall be consistent with and implement the City’s Comprehensive Plan.

C. When a provision of this title conflicts with another provision in this title, the more restrictive provision shall apply.

D. When the provisions of this title impose greater restrictions than are imposed by other applicable City, County, regional, State and Federal regulations, the provisions of this title shall control.

E. Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section.

F. In the case of any ambiguity or differences of meaning or inconsistencies between the text and any illustrations or other graphics, the text throughout this title and the zone classification use tables in Chapter 19.25 UPMC shall control.

G. The words “shall” and “should” are mandatory and the word “may” is discretionary.

H. Unless the context clearly indicates otherwise, words in the present tense shall include past and future words defined in this title; all words in and terms used in this code shall have their defined or customary meanings.

I. The Director or his/her designee are hereby authorized to make code interpretations. Where these provisions do not clarify a boundary, definition, use standard, or procedure, the Director shall make the determination. The Director’s determination in these instances may be appealed according to UPMC Title 22, Administration of Development Regulations.

(Ord. 741 § 1 (Exh. A), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.05.060 Brief user’s guide.

A. Chapters. The zoning code, UPMC Title 19, contains 21 chapters summarized as follows:

19.05 Authority, Purpose, Minimum Requirements, Interpretation, User’s Guide. Establishes the purpose, title and basic rules for using the zoning code.

19.10 Definitions. Provides definitions for words used throughout the title. Words or terms used only in one chapter may be defined in that chapter.

19.15 Enforcement and Penalties. Provides guidelines for the enforcement and penalties in the administration of the zoning code.

19.20 Zones, Map Designations, Interpretation of Boundaries. Lists the zoning classifications, describes potential and overlay zones, and adopts the zone map and discusses the interpretation of map boundaries.

19.25 Uses and Zone Classification Tables. Lists and describes the zoning classifications, allowed uses for each zone, and categorization of uses.

19.30 Accessory Uses and Structures. Lists and identifies accessory uses allowed in the City of University Place.

19.35 Temporary Uses/Temporary Housing Units. Lists allowable temporary uses and associated standards.

19.36 Temporary Tent Encampments. Provides requirements for siting temporary tent encampments.

19.40 Essential Public Facilities. Provides a process for the siting of essential public facilities.

19.45 Density and Dimension. Provides development standards such as density, setbacks, height and lot width.

19.50 Design Standards for Mixed Use Zones. These design standards apply in all mixed use zones including Mixed Use, Mixed Use – Office, Mixed Use – Maritime, Mixed Use – Neighborhood, Mixed Use – Urban, Mixed Use – Urban/Industrial and Mixed Use – Center.

19.53 Design Standards and Guidelines for Small Lot and Multifamily Development. Provides design standards and guidelines that apply to small lot and multifamily development in the R1, R2, MF-L and MF-H zoning districts.

19.54 Regional Growth Center Form-Based Code. This chapter includes the regulating plan, allowed uses, building, frontage, and street types and street grid for the City’s Regional Growth Center.

19.55 Overlay Zones. Provides regulations for special overlay zones within the City including, for example, Chambers Creek Properties, Day Island and transition overlay zones.

19.57 Chambers Creek Properties Design Standards. Provides design standards and guidelines for development of the Chambers Creek Properties master site plan. (See City of University Place Design Manual.)

19.60 Off-Street Parking Requirements. Provides development standards for off-street parking and access.

19.65 Landscaping/Trees. Provides development standards for landscaping, buffering, significant tree preservation, irrigation and other landscape requirements.

19.70 General Development Standards. Includes additional standards to address general and specific uses such as home occupations, accessory dwelling units, agricultural uses, adult entertainment, improvements and secure community transition facilities.

19.75 Signs. Includes the size, placement and other design criteria required for signs in the City of University Place.

19.80 Nonconforming Lots, Uses, and Structures. Establishes standards for the expansion, continuation and discontinuation of nonconforming lots, uses and structures.

19.85 Discretionary Land Use Permits. Establishes the permit processes and criteria for permits provided by this title, e.g., administrative use permits, conditional use permits, design standard review approvals and variances; provides procedures for amending, revoking or modifying discretionary land use permits; and establishes time limitations on permit approvals and refiling of applications.

B. Numbering Scheme. The numbering scheme used in this title operates as shown below:

 

Title of Chapter

Section

Paragraphs

Authority and 19.05

.010

(A)(1)(a)(i)(A)

(Ord. 741 § 1 (Exh. A), 2020; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 1 (Exh. A), 2009; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.05.070 Severability.

If any section, subsection, clause, or phrase of this code is for any reason held by a court of competent jurisdiction or competent administrative tribunal to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity or constitutionality of the remaining portions of this code.

(Ord. 741 § 1 (Exh. A), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).