Division I. General Provisions and Definitions
Chapter 20.02
GENERAL PROVISIONS
Sections:
20.02.050 Establishment of zone districts – Official zoning map.
20.02.060 Determination of zone district boundaries.
20.02.070 Subdivision along zone district boundaries.
20.02.095 Continuances and extensions.
20.02.100 Inspection and right of entry.
20.02.110 No use or sale of land or building except in conformity with Zoning Code provisions.
20.02.130 Zoning Code review and evaluation.
20.02.150 Administrative noncompliance.
20.02.010 Title.
This Title shall be known as the Zoning Code of the City of Walla Walla. Referred to in this text as “Zoning Code,” “Zone Code,” or “Code.”
This Code shall consist of this text and the map entitled Official Zoning Map of Walla Walla, Washington. For convenience of use and accuracy of representation, this map shall be divided into sections. Each section shall constitute the official map for the area covered by the map, and may be separately employed for zone identification or amendment. If conflicts arise between these specific boundary maps and any general maps constructed for display or general maps constructed for display or general distribution, the Official Zoning Map of Walla Walla, Washington shall prevail.
Both the text and the official map of this code may be amended from time to time. Persons contemplating a decision involving this code should consult with the Planning Department to verify the provisions which relate to their situation.
20.02.020 Authority.
This code is adopted pursuant to the authority contained in Chapter 35A.63 RCW. Whenever any provision of this code refers to or cites a section of the Revised Code of Washington and that section is later amended or superseded, the code shall be deemed amended to refer to the amended section or the sections. The director has the authority to designate employees as permit assistance staff. (Ord. 2018-53 § 5(part), 2018).
20.02.030 Jurisdiction.
This Code shall be effective throughout the City’s planning jurisdiction. The City’s planning jurisdiction comprises the area within the corporate boundaries of the City as well as within the Urban Growth Area of the Comprehensive Plan. A copy of the Comprehensive Plan and Map showing the location of jurisdiction boundaries shall be available for public inspection in the Department.
20.02.040 Purpose and intent.
The purpose of this code is to protect the health and safety, and enhance the general welfare and quality of life of the citizens of the City of Walla Walla. This Code intends to accomplish this purpose by defining and quantifying the uses of land designated by the Comprehensive Plan. This Code is the principal means of implementing the Plan. To this end, this code is intended to:
A. Designate Land Use Zones. Designate land use zones which contribute to organized development of the community by restricting the location and relationships of uses, and providing for location of compatible uses in ways which encourage efficiency and mutual benefit. (Refer to Chapter 20.50 for a description of the Land Use Zones established by this Chapter.)
B. Organize Development Process. Quantify the responsibilities of the private and public sectors involved in land development so that uncertainty and delay are kept to a minimum.
C. Provide for Utility Development. Provide a reliable basis for the provision of public services, utilities and facilities.
D. Provide for Citizen Involvement. Establish procedures by which citizens of the community may participate in the land use process, and effect the changes necessitated by new circumstances and needs.
20.02.050 Establishment of zone districts – Official zoning map.
To implement the Comprehensive Plan land use designations, and the Purpose and Intent Statements of this code, the following land use zoning districts are established by delineation on the Official Zoning Map as defined in Section 20.06.030.O.
A. General Zones.
|
Abbreviation |
Zone District Name |
|---|---|
|
RN |
Neighborhood Residential |
|
RM |
Multi-Family Residential |
|
CC |
Central Commercial |
|
CH |
Highway Commercial |
|
IL/C |
Light Industrial/Commercial |
|
IH |
Heavy Industrial |
|
AD |
Airport Development District |
|
PR |
Public Reserve |
|
UPC |
Urban Planned Community |
B. Overlay Zones.
|
AA |
Airport Approach |
(Ord. 2018-53 § 5(part), 2018: Ord. 2008-06 § 14, 2008).
20.02.060 Determination of zone district boundaries.
A. Right-of-Way Lines. Where a zone district boundary is shown as following a street, alley, canal, or railroad right-of-way, it shall be construed as following the centerline of such right-of-way.
B. Lots Divided by Zone District Lines. Wherever a single lot two (2) acres or less in size is located within two (2) or more different zoning districts, the district regulations applying to the larger portion of the lot shall apply to the entire lot.
Whenever a single lot greater than two (2) acres in size is located within two (2) or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which that portion is located.
20.02.070 Subdivision along zone district boundaries.
Where a zone boundary divides a parcel into two (2) zones, no partition or subdivision which creates a substandard lot in either zone shall be permitted.
20.02.080 Annexations.
A. Property may be annexed to the city as authorized by Chapter 35A.14 RCW, as amended. Annexation is a Level VI process, initiated as provided in Chapter 35A.14 RCW. Annexation proposals shall be initiated through forms approved by the department.
B. The city will accept annexation petitions once per year. The annexation petition submittal time will open January 1st and close January 31st of each calendar year.
C. Annexations are exempt from State Environmental Policy Act (SEPA) review pursuant to RCW 43.21C.222, as amended.
D. Annexation of property shall be consistent with the land use and annexation policies of the Comprehensive Plan’s Land Use Element. As soon as practicable upon initiation of annexation proceedings, the department shall determine whether or not the proposed annexation area has been prezoned, and whether or not such prezone designation(s) are consistent with and implement the Comprehensive Plan.
E. Notice of Initiation. The department shall give at least thirty days’ advance notice of city council meetings which will consider resolutions calling for election under RCW 35A.14.015, meetings with initiating parties under RCW 35A.14.120 or 35A.14.420, resolutions for initiation of island annexations under RCW 35A.14.295, or resolutions to commence negotiations under RCW 35A.14.460, as those statutes may be amended. The notice shall identify the area proposed for annexation and provide the date and time of the meeting.
1. Initiator Notice. The department shall deliver or mail notice of application to the initiator(s), if any, or the person or entity designated by the applicant to receive notice.
2. Public Notice.
a. The department shall deliver or mail notice to parties that have filed a special notification request in accordance with Section 20.14.015.
b. The department shall deliver or mail notice to the record owner(s) of property, as shown by the records of the Walla Walla County assessor’s office, which is included in the area to be annexed or adjacent to the area to be annexed.
3. Agency Notice. The department shall mail notice to the Walla Walla County commission, any fire protection district serving the area to be annexed, any water district serving the area to be annexed, and any holder of any franchise or permit for operation of a public service business which will be cancelled pursuant to RCW 35A.14.900.
F. Notice of Hearing. The city council shall by resolution set public hearing(s) to the extent required by RCW 35A.14.130, 35A.14.295(2), 35A.14.430, and 35A.14.460(3), as those statutes may be amended, and notice of hearing shall be given as required by the applicable statute. Such notice shall include the proposed zoning for the property.
G. Property within the urban growth area which has been prezoned by a proposed zoning regulation pursuant to RCW 35A.14.330 and 35A.14.340, as those statutes may be amended, will automatically be zoned in conformance with the land use designation prescribed for that property by the city council through the prezone process unless the proposed zoning designation is changed as provided herein.
H. Where property is prezoned, and the prezone designation is inconsistent with the Comprehensive Plan, the council, upon consideration of the annexation proposal, may determine zoning requirements as follows:
1. The prezone designation for the property may be changed concurrently with annexation by a proposed zoning regulation pursuant to RCW 35A.14.330 and 35A.14.340, as those statutes may be amended; or
2. The prezone designation will be applied and the zoning designation for the property may be amended through the rezone process after annexation.
I. Where property has not been prezoned, the council upon consideration of the annexation proposal may determine the zoning requirements as follows:
1. The city may adopt a zoning designation for the property pursuant to RCW 35A.63.100 which is consistent with and implements the Comprehensive Plan; or
2. The property shall be deemed to be included in the zoning map as follows:
a. Property zoned by the county as Agriculture Industrial Heavy or Heavy Industrial shall be deemed to be zoned by the city as Heavy Industrial (IH);
b. Property zoned by the county as Agriculture Industrial Light, Light Industrial, or Industrial/Business Park shall be deemed to be zoned by the city as Light Industrial/Commercial (IL/C);
c. Property zoned by the county as Airport Development District shall be deemed to be zoned by the city as Airport Development (AD);
d. Property zoned by the county as Public Reserve shall be deemed to be zoned by the city as Public Reserve (PR);
e. Property zoned by the county as Urban Planned Community shall be deemed to be zoned by the city as Urban Planned Community (UPC);
f. Property zoned by the county as Primary Agriculture, Exclusive Agriculture, General Agriculture, Agricultural Residential, Rural Remote, Rural Agriculture, Rural Flowing, Rural Residential, or Rural Transition shall be deemed to be zoned by the city as Neighborhood Residential; and
g. Property given a zoning designation by the county other than those identified in this subsection shall be deemed to be zoned by the city as Neighborhood Residential.
The deemed zoning designation may be amended through the rezone process after annexation, and the department is directed to process such amendment(s) that may be necessary to make the zoning designation(s) for annexed property consistent with the Comprehensive Plan as soon as practicable following the effective date of the annexation. (Ord. 2021-46 § 4, 2021; Ord. 2019-38 § 7, 2019: Ord. 2018-53 § 5(part), 2018: Ord. 2008-06 § 15, 2008: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 10, 1997).
20.02.090 Interpretation.
The director shall have the responsibility of interpreting all terms and provisions of this code. Formal interpretation shall be requested in writing. Such interpretations made by the director shall be in writing and an orderly and retrievable record of all interpretations shall be maintained in the department. The director shall mail a copy of the interpretation to the party requesting the interpretation and any other party which requested notification in writing prior to the making of the interpretation, at the party’s last known address, on the date the interpretation is made. A summary of any formal interpretation made by the director shall be posted on the city’s website on the day the decision is made and maintained until expiration of the appeal period. Such summary shall include notification of the date upon which the summary was posted, the date by which an appeal must be filed, and the availability of a complete copy of the interpretation upon written request. Formal interpretations may be appealed to the appropriate appellate body as prescribed in Chapter 20.38, Closed Record Decisions and Appeals. (Ord. 2020-51 § 8, 2020; Ord. 2018-53 § 5(part), 2018: Ord. 2001-17 § 1, 2001).
20.02.095 Continuances and extensions.
The time periods established by this code shall not prejudice the public interest. The failure of city staff to meet a deadline established by this code may be excused when public interest requires. The director may prospectively continue or retroactively extend time periods established by this code to the extent permitted by law when necessary to protect the public interest.
The sole remedy for a party aggrieved by the failure of the city to act within a deadline established by this code shall be submission of an application for a writ of mandamus to a court with jurisdiction to compel action. The failure of the city to timely act shall not require any particular result on a proposal. (Ord. 2008-06 § 16, 2008).
20.02.100 Inspection and right of entry.
Whenever the director has reasonable cause to suspect a violation of this code, or when necessary to investigate matters pertinent to an application made pursuant to this code, or when necessary to investigate matters pertinent to an application made pursuant to this code the director or his designee may enter any property in a reasonable and lawful manner to exercise his responsibilities.
20.02.110 No use or sale of land or building except in conformity with Zoning Code provisions.
No person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this code.
For purposes of this section, the “use” or “occupancy” of a building or land relates to anything and everything that is done to, on, or in that building or land.
20.02.120 Enforcement.
Enforcement procedures, persons liable, notice of violation, citations, penalties and complaints are as prescribed in Chapter 20.42, Violations and Enforcement.
20.02.130 Zoning Code review and evaluation.
Development services staff and the planning commission will review this code periodically and prepare a report to the city council, detailing any particular problems, proposals, concerns or amendments.
The Zoning Code shall be thoroughly examined as part of the planning commission’s normal program of work commensurate with the required review and updating of the Comprehensive Plan, in consultation with technical staff and other interested parties. The Zoning Code is required to be consistent with and implement the Comprehensive Plan. (Ord. 2008-06 § 17, 2008).
20.02.140 Fees.
Application processing fees to cover costs of administration, inspection, publication of notice and similar matters shall be charged to applicants for development authorizations, conditional use permits, special use permits, environmental checklists, zoning amendments, variances, and other administrative relief. The amount of the fees charged shall be as provided in Chapter 2.94 of the Walla Walla Municipal Code. Fees shall be paid upon acceptance of a signed application.
20.02.150 Administrative noncompliance.
Administrative noncompliance with any of the provisions of Title 19, 20, or 21 of the Walla Walla Municipal Code will be deemed harmless and shall not constitute grounds upon which to reconsider, reverse or modify a decision upon a proposal unless the aggrieved party demonstrates that he or she was substantially prejudiced by the noncompliance. (Ord. 2008-06 § 18, 2008).