17-1-4 How to use this title.
A general description of the land use regulations follows. This description is intended to provide the reader with some guidance using this title and is not a substitute for the standards, criteria, and procedures contained in this title.
A. Zoning Map. Prior to considering the development or redevelopment of land, an applicant should refer to the official zoning map to determine which base zoning and overlay districts correspond to the property. The official zoning map is available at the planning department.
B. Zoning District Chapter. Once the applicant has identified the zoning district, the applicant should refer to the chapter which corresponds to the applicable zoning district(s). Defined terms are identified as hyperlinked proper nouns within the text. Definitions are also found in Chapter 17-2. The applicant should next refer to the site development and design requirements within the zoning district chapter to determine if the property is adequate in size to accommodate the proposed project. The site development and design standards will determine the building setback from the property lines, minimum lot area (if any), minimum open space, build-to lines, maximum height, density, parking requirements for buildings and uses on the property, etc.
C. Overlay Districts. Some areas earmarked for redevelopment are in an overlay district as well as a base zoning district. Once the overlay district has been identified, the applicant should refer to both the base zoning district chapter and the overlay district chapter that corresponds to the overlay district.
D. Use Standards. The applicant should then refer to the use table for the district. The applicant should first determine if the desired use is allowed in the district. If the use is allowed as a conditional use, the applicant must complete a discretionary review process to ensure that the impacts of the use on the surrounding area are mitigated. Finally, if the use is an existing legal use that is no longer allowed in the zoning district, and there is a proposal to change or modify a structure associated with the use, the applicant must obtain a variance from the board of adjustment.
E. Variances/Rezones. If the applicant cannot meet the standards described in subsection (B) of this section, the applicant should determine whether there are alternative development options or any exceptions to the general rules that may accommodate the project. If the project does not meet standards and other development alternatives are not possible, then there are two methods available to attempt to vary the standards: the variance process and a petition for rezone.
1. The variance process is generally used for existing development, or development of an existing, validly created lot. The appeal authority shall issue a variance upon the applicant’s demonstration that the application meets each variance standard detailed in Chapter 17-3.
2. A petition for rezone is a request to change the development standards for the property in question. The process for requesting a rezone is detailed in Section 17-3-1. Rezones are discretionary legislative acts.
F. Subdivision of Land. If the applicant would like to subdivide a piece of property, merge a number of different parcels into one parcel, or resubdivide, the applicant may need to go through the subdivision process (Title 16). The purpose of the subdivision process is to ensure that proposed building sites are appropriate for development; to obtain an accurate and permanent record of the separate interests of land that are created by subdivision of land; to apportion the costs of public services and facilities serving the subdivision; to provide assurances to future buyers of land that the subdivider owns the land to be sold; to provide legal and physical access to each lot; and to provide for maintenance of improvements, utilities, and amenities. There are a number of divisions of land to which the subdivision regulations do not apply. The applicant should review these exceptions to determine if the project will be required to complete the subdivision process. There is also an abbreviated process for projects that only require relocation of a lot line between two lots within an existing subdivision. See Section 16.04.030. (Ord. 2012-09 § 2 (Att. B (part)); Ord. 12-11-2001C § 2 (part))