Table of Contents

Content-Neutral Sign Regulation

The city’s zoning code includes sign regulations amended in response to the U.S. Supreme Court’s decision in Reed v. Town of Gilbert (Appendix A §210 et. seq.). These regulations maintain distinctions between on- and off-premises signs and commercial and noncommercial speech, under the assumption that these distinctions will either not trigger the “strict scrutiny” test for content-based regulations or that they will satisfy this test because the distinctions are “narrowly tailored to serve a compelling governmental interest” (Appendix A §210(a)).

Inclusionary Housing

The city's code of ordinances addresses inclusionary housing through workforce housing provisions.

The city’s zoning ordinance establishes a workforce housing overlay district (§2100 et seq.). The ordinance begins with detailed purpose and findings statements and a section of definitions. The overlay may be applied in any area of the city where increased residential density is consistent with comprehensive plan policies.

The code provides application requirements for overlay district requests. Within the overlay district, a 30 percent density bonus is provided for projects with at least 17 percent workforce housing units. Standards address unit location, timing, and design. Rental units must remain affordable for 50 years.

The city’s housing code addresses the sale and rental of workforce housing (§16.42 et seq.). It provides requirements for pricing, sales, and resales of workforce housing, which must be affordable to households at 80–120 percent AMI; the city has an initial right to purchase workforce housing. The code also addresses household eligibility and procedures for rental of workforce housing; a compliance agreement with the city is required.

The code also establishes a Housing Advisory Board to establish workforce housing sales and rental prices, advise the city council, and report annually on program outcomes.

The city’s Workforce Housing Program Information for Developers webpage provides additional information on the program, including documentation of program requirements for single-family for-sale projects and multi-family rental projects.

Short-Term Residential Rentals

The city’s zoning code addresses the regulation of short-term residential rentals. The code distinguishes between “home sharing” (rentals of less than 30 days in which the owner occupies the dwelling during the rental period) and “short term rental” (rentals of less than 30 days that do not meet the definition of “home sharing”) (§111).

Home sharing is permitted by right in all districts subject to registration and tax payment requirements (§209.6); short term rentals are permitted by right in specified overlay districts (including a Short Term Rental overlay district) and require conditional use permits in other areas (§501(a), §601(a), etc.).

The code provides conditions for approvals of short-term rentals that address parking, events, contact information, signage, registration, refuse disposal, insurance, maximum occupancies, and safety requirements (§241.2). Conditional use permits expire after five years.

The city’s taxation code also addresses short-term rentals. It establishes a short-term rental registry overseen by the commissioner of the revenue and requires annual registration (§35-169). It also establishes a short-term rental tax and provides detailed information on payment requirements (§35-252). The licensing code requires operators of short-term rentals to pay retail merchant license taxes (§18-104.1).

Small Wireless Facilities and Wireless Facilities in the ROW

The city's zoning ordinance defines "small wireless facility" (§111). It provides application requirements and standards for small wireless facilities other than those located on public rights-of-way (§207.b). The code also provides conditional use requirements for facilities that do not meet those standards (§232).