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Council hears broad zoning update: ADU rules, 'smoke shop' definition and animal-rescue rules proposed
Summary
City planning staff presented a package of zoning-ordinance amendments to align local rules with 2024 state law changes, add a definition and special-use process for animal rescues, define "smoke shops" and add an accessory dwelling unit (ADU) size cap; council members asked about notice and implementation steps.
City planning staff presented a package of proposed amendments to the zoning ordinance intended to align municipal rules with recent state-law changes and to add new definitions and permitting rules for several uses.
Josh Nygon of the planning department told the City Council the changes respond to a state process called unified development review and to statutory updates made in 2024. He said the package includes changes to lot‑size/substandard‑lot rules, a new accessory dwelling unit (ADU) subsection, new defined uses for "animal rescue" and "smoke shop," and corrections and use codes in Appendix A.
The amendments would: clarify how setback and lot‑coverage requirements apply on undersized lots; remove a previous requirement that undersized lots be merged; add a new subsection (501.4) establishing ADU requirements (and, optionally, a maximum ADU size); add "animal rescue" as a use subject to a special‑use permit in most zones; and add a "smoke shop" defined use (use code 60) that would apply to businesses whose retail floor inventory is predominantly nicotine products and related paraphernalia. Planning staff said existing smoke shops would be legally nonconforming and grandfathered so long as the use is not abandoned.
Council members asked staff to confirm that notification and procedural steps had been followed. Mr. Solis asked whether planning had provided the newspaper and direct notices required by statute; planning staff confirmed notices were sent and that the planning board had issued a recommendation and findings, which were provided to the council clerk. Planning staff also explained that the combined planning/zoning board proposal — enabled by state law and discussed elsewhere on the agenda — would replace separate boards and require reappointment of members through the mayor's appointment process.
Planning staff emphasized the housing‑production intent of many changes, saying removal of the lot‑merger requirement is intended to encourage development on smaller parcels. On ADUs, staff added a size cap to keep such units smaller and retain their accessory character.
The council did not vote on the package during the remarks recorded in the transcript; staff said the amendments had been reviewed by the law department and the planning board and that additional steps would follow. Councilors and staff signaled further discussion and the need to coordinate appointments and public notice as the process moves forward.
Background: planning staff said the package incorporates 2024 state law changes and fixes longstanding typographical and use‑code errors in the city's zoning code. The record provided to the council includes a planning‑board letter with findings and recommendations.
