Chapter 19.110
PERMITS AND PROCEDURES

Sections:

Article I. General Provisions

19.110.010    Purpose.

19.110.020    Applications, fees, and filing requirements.

19.110.030    Complete application.

19.110.040    Incomplete applications – Expiration.

19.110.050    Limitations on refiling of applications.

19.110.060    Preapplication conference.

19.110.070    Land use permit applications and authorization requests.

19.110.080    Public notification of open record public hearing.

19.110.090    Hearing Matrix.

19.110.100    Appeals.

19.110.110    Repealed.

19.110.120    Revocation.

19.110.130    Time extensions.

Article II. Administrative Permits – Specific Procedures and Requirements

19.110.140    Applicability.

19.110.150    Building permits.

19.110.160    Certificates of occupancy.

19.110.170    Temporary uses.

Article III. Specific Procedures and Requirements for Notification of Complete Application, Notice of Open Record Public Hearing, and Hearing Procedures

19.110.180    Public notification requirements for complete applications.

19.110.190    Public meeting and open record public hearing requirements.

19.110.200    Conditional use permits.

19.110.210    Variances.

19.110.220    Site development plans – Larger scale – Nonresidential (Commercial and industrial).

19.110.230    Rezones/amendments to the Official Zoning Map.

19.110.240    Zoning text amendments.

19.110.250    Comprehensive Plan text or map amendments. (Docket for a change)

19.110.260    Departures.

Article I. General Provisions

19.110.010 Purpose.

The purpose of this chapter is to set forth the procedures and standards for review of land use applications regulated by this title. It may also describe notice requirements and the nature of hearings affecting other ordinances. In case of conflict, Chapter 18.05 MTMC, implementing the Regulatory Reform Act, and known as Procedures for Land Use Planning and Project Development, shall prevail. The following are goals of this chapter:

A. To guide future growth and development in accordance with the Comprehensive Plan and to provide for consistency between new development and the Comprehensive Plan and related City ordinances; and

B. To provide for an efficient process to review development applications; and

C. To provide an open, understandable, and accessible process whereby applicants may compare progress of an application to procedures described herein.

D. To implement the Regulatory Reform Act (ESHB 1724) adopted by the state legislature. (Amended by City request, 1/11; Ord. 2116, 1996; Ord. 2074 § 5.1(A), 1995).

19.110.020 Applications, fees, and filing requirements.

Any applicant seeking an approved land use permit or authorization request under this title shall present to the Planning Department an application stating the nature of the proposal on forms provided by the Department, signed by said applicant, or by his or her authorized agent, with proof of such authorization. Application fees required by the current fee schedule adopted by City ordinance must be paid before the application will be accepted. Content of application and filing requirements shall be at the direct discretion of the Planning Department. Numbers of copies of applications and required attachments shall be as set forth on the application form instructions in effect on the date of application. A complete application shall include the following unless waived and noted as waived by appropriate planning or engineering personnel. (Ord. 2116, 1996; Ord. 2074 § 5.1(B)(1), 1995).

19.110.030 Complete application.

A complete application for any land use development project which includes, but is not limited to, conditional use permit, or variance shall include the following information:

A. Completed application form.

B. Fees.

C. Existing features map (Note: Existing features and proposal maps folded to a size generally, but no larger than, nine inches by 12 inches).

1. Bar scale of 10, 20 or 30 feet to the inch, or such that details can be shown with all layouts at same scale.

2. North arrow.

3. Name of project, drawing title, and site address.

4. Name of property owner and applicant, and professional with primary contact name, address and phone number.

5. Vicinity/area map locating the project area within a one-mile radius, including collector arterials.

6. All property lines, fully dimensioned and including bearings.

7. Right-of-way, within 100 feet of site, labeled to show street names and dimensions.

8. Curb cuts (driveways) for the site and both sides of any right-of-way within 100 feet of the boundaries of the site.

9. All existing easements on, or adjacent to, the proposed subject site with the following information: width, type, and auditor recording file number.

10. All existing power, street lights and communication poles or boxes on site or within 20 feet of the site, labeled.

11. All existing fire hydrants on site and within 100 feet of the site; identify type.

12. Existing contours shown at two-foot intervals (unless otherwise required or approved).

13. All existing significant trees six-inch or greater dbh (diameter at breast height).

14. Existing structures and/or improvements on and within 20 feet of the site; all fully dimensioned and their setbacks to all property lines labeled.

15. Environmentally sensitive features, if any.

16. Benchmark utilized for elevations based on the City’s 1991 vertical control.

17. Existing underground storage tanks. Indicate if they are to be removed from site.

18. Existing structures to be removed from the site, and those that are to be demolished.

19. Traffic control devices (including stop signs, no parking signs, yield signs, crosswalks, traffic signals) within 75 feet of the site.

20. Existing public improvements including curbs, gutters, sidewalks, roadways, dropped curbs.

21. Existing drainage across site (including streams, ditches, swales, etc.), and within 100 feet of site.

22. Existing utilities on or within 75 feet of the site (including septic tanks, wells, gas, power, cable, telephone, sanitary sewer and storm facilities, water mains service and meters); identified as to type and size as appropriate.

23. Existing fire protection system facilities (including Fire Department connection, P.I (post indicator) valves, DDCV vaults) on the site.

D. Proposal.

1. Bar scale of 10, 20 to 30 feet to the inch, or such that details can be shown. Scale to match existing features map, and with all layouts at same scale.

2. North arrow.

3. Name of project, drawing title, and site address.

4. All property lines, fully dimensioned including bearings.

5. Right-of-way within 100 feet of site, labeled to show street names and dimensions.

6. Existing and proposed contours (grading) at two-foot contour intervals; specify estimated amount of material to be cut and the amount to be filled as separate amounts, i.e. not the net cut and fill.

7. Proposed landscaped areas, by location, width and type and area calculations; indicate existing plants to be retained.

8. On every plan sheet provide dimensions and setbacks from all property lines, for all proposed structures, easements.

9. Existing structure(s) to remain to be demolished or to be moved from the site.

10. Proposed transportation facilities and public improvements including: bus stops, right-of-way dedications, driveways, sidewalks, traffic control, roadway improvements within 75 feet of the site boundaries.

11. Location of other utilities proposed, e.g., power within 30 feet of the site boundaries.

12. Finish floor elevation of structures and spot elevation of improvements such as parking lot, retaining walls, handicap parking.

13. Location dimensions and setbacks of all new structures and improvements (drive aisles, roadways, utilities) proposed.

14. Architectural elevations of proposed buildings, at a scale of one-quarter inch equals one foot or one-eighth inch equals one foot.

15. Conceptual utility layout showing method of water service, fire protection, sewage disposal and storm drainage, detention and biofiltration including locations of meters, manholes, catch basins, fire hydrants, fire department connections, post indicator valves, and DDCV vaults.

16. Proposed disposition of existing utilities including water, sewer, storm, septic tanks, wells, and underground storage tanks. Indicate if they will be reconnected to new structures, abandoned, removed, demolished or remain.

17. All proposed easements including width and type. Show layouts on plan.

18. Benchmark utilized for elevations based on City’s 1991 vertical control.

19. Proposed storage tanks.

E. Requirements.

1. Title report.

2. Indicate the legal owner of the property. If the applicant is other than the legal owner, a letter from the owner indicating knowledge of and concurrence with the application, signed, dated, and notarized, must accompany the submittal.

3. Legal description.

F. Additional requirements may include:

1. Proposed lots (for short plats and subdivisions) showing all dimensions and areas (lots, rights-of-way, tracts, etc.).

2. Covenants proposed.

3. Calculations for area of impervious surface(s).

4. Mail boxes, type and location.

5. Proposed street lighting.

6. Proposed parking plan, fully dimensioned, identifying standard, compact and handicap stalls; and grades and elevation for accessible route of travel.

7. Drainage studies and calculations.

8. Conceptual site lighting plan, with calculations.

9. Geotechnical studies and reports.

10. Locations of solid waste and recycling storage areas with dimensions.

11. Traffic impact studies.

12. Environmental checklist with supplementary documents and studies.

13. Engineering design reports for proposed transportation and utility facilities.

14. Compliance with Americans With Disabilities Act (ADA) and Chapter 51-30 WAC.

15. Copies of submittals, approvals, and permits involving other agencies within jurisdiction.

16. Answers to a supplemental questionnaire to indicate how the proposal fits criteria relevant to the request.

17. An accurate list of addresses of property owners within 300 feet of the boundaries of the proposal. In addition, stamped, addressed legal-sized envelopes for the same list (these will be used for legal notices). If inaccurate addresses are used, an unreasonable number of mailings are returned, or property owners that should have been notified have not been notified due to improperly addressed envelopes, hearing(s) will be continued until sufficient addresses have been provided for notice. The applicant shall reimburse the City, per fee schedule, for each mailing prior to the hearing date.

18. Please note:

a. One preapplication meeting with appropriate staff members shall be required, unless waived by Planning staff. The meeting, approximately one hour in length, with pertinent staff members, is intended to answer questions about project feasibility and the types of requirements for submitting an application. Pertinent staff members may include Engineering, Fire, Police, Building, and Planning.

b. Additional requirements or requirements that may be waived will be documented at the preapplication meeting.

c. Once an application has been submitted and considered complete, further information may be necessary to conduct project review. All review will cease until additional information is received. When an applicant has failed to respond to information requests within 90 days of notification, the application will be considered null and void unless reasonable efforts have been made to arrange for the information and the Planning staff has been so informed in writing.

d. It is the applicant’s responsibility to learn the provisions of the Mountlake Terrace ordinances relating to the application. The ordinances are available at the Building, Planning, and Engineering counter.

e. Additional information that may be helpful to the request is welcomed and encouraged. (Ord. 2116, 1996; Ord. 2074 § 5.1(B)(2), 1995).

19.110.040 Incomplete applications – Expiration.

A. An application which is submitted and determined to be substantially incomplete, shall not be accepted for processing;

B. An application which is substantially complete, but is missing some minor information, shall not be considered a “complete application”. The applicant shall be informed in writing within 28 days of an incomplete application and advised as to the additional information necessary for a complete application. On additional submittals for a complete application, the City shall inform the applicant within 14 days as to the completeness of the application. If remaining application materials are not submitted within 30 days of date of notice, all materials shall be discarded with the assumption that the application has been withdrawn;

C. Acceptance of an application for processing and consideration of same as a “complete application” does not necessarily prohibit the City from asking for additional information clarification, or special studies as the proposal proceeds through the review process. If additional information is requested and there is no response in 90 days, the application shall be considered invalid. (Ord. 2116, 1996; Ord. 2074 § 5.1(B)(3), 1995).

19.110.050 Limitations on refiling of applications.

The Planning Department shall not accept any application for a rezone/zoning text amendment, Comprehensive Plan amendment, conditional use permit, variance, or planned unit development permit within one year following the final denial of a similar application on the same parcel of land. In determining whether an application is similar to the permit denied, the Planning Department shall determine if the proposed change will permit uses, building locations, or relaxation of bulk requirements which are the same or substantially the same as those considered and disallowed by the earlier final action.

In every instance, the burden of proving dissimilarity shall be upon the applicant. (Ord. 2074 § 5.1(B)(4), 1995).

19.110.060 Preapplication conference.

Any applicant seeking an approved land use permit or authorization request under this title shall have a prefiling conference with Planning Department and other pertinent staff. Based on the preliminary information provided, the staff will provide an analysis that reflects the Department’s evaluation of the proposal’s consistency or inconsistency with plans and regulations which are administered by the Department. In addition, information regarding the review and approval process may be provided to the applicant at this time. This analysis in no way constitutes a full and complete review of the proposed project and, furthermore is not necessarily indicative of the City’s environmental determination for the proposal.

After a complete application has been filed, staff will review the application further and make a final determination as to how the proposal conforms to the City’s codes and standards. (Ord. 2116, 1996; Ord. 2074 § 5.1(C), 1995).

19.110.070 Land use permit applications and authorization requests.

All land use permit applications and authorization requests shall be reviewed by the Planning Department staff for compliance with the provisions of this title and other applicable regulations.

A. Administrative Review. The following permits and requests are authorized to be approved and issued by the Planning Department or Building Official or their designee: building permits, requests for occupancy, temporary use permits, smaller scale site development plans, fence permits, and time extensions. No open record public hearing is required.

B. Site Development Plans – Smaller Scale – Commercial or Industrial.

1. Nonresidential Approval Process for Projects That Total Less Than 5,000 Square Feet. Assuming proper zoning standards are met, site development plans for structures up to 5,000 total square feet, alterations or redevelopment of less than 25 percent of the total structural value and less than 5,000 square feet shall have administrative review. Only one smaller scale administrative review shall be granted. Once an application is considered complete, it will be included as a complete application on the next Planning Commission agenda. Planning Commission may discuss the project with any present at their meeting and provide information to the staff. The approval of the project will be based on staff review. The following four consistency criteria shall be used by staff to determine if the project shall be approved:

a. The Type of Land Use. The use is permitted in the zone.

b. Level of Development. Intensity of use is consistent with the Comprehensive Plan and zoning.

c. Infrastructure. The site has all necessary infrastructure or such infrastructure is proposed by the applicant: water, sanitary sewer, storm water system, transportation, communications systems, and electric energy. Infrastructure improvements shall be to the extent and meeting the requirements of the City’s development standards.

d. Development Standards. The character of the development is consistent with the Comprehensive Plan and zoning. All performance standards: height, setbacks, landscape area and parking requirements can be and are proposed by the applicant.

In addition to the four consistency criteria, an environmental determination shall be made which may include conditions to be incorporated as conditions of approval, or the project shall be considered exempt, or it is a planned action.

2. Appeal Process for Denied Projects Less Than 5,000 Square Feet.

a. If staff does not approve the project because any of the four consistency criteria are not met and the applicant disagrees with that determination, the applicant may appeal the staff decision to the Hearing Examiner. The appeal must be made within 30 days of the denial, must be accompanied with appeal fees, and must be received at least 45 days before the Hearing Examiner meeting where the appeal will be heard. The appeal shall be in writing, shall address the four consistency criteria and shall be accompanied with an appeal form provided by the planning, building, and engineering departments. The appeal form shall be complete and include all of the following information: date application first made, date application considered complete, description of the proposal, name, address and phone number of property owner and applicant and applicant’s engineer or project representative. Ten copies of the denied site development plan shall accompany the appeal. A copy of the denial and environmental determination, if any, shall accompany the appeal.

b. The Hearing Examiner shall consider appellant information, pertinent ordinances and regulations, and consistency criteria: type of land use, level of development (intensity of use), infrastructure (development standards), and character of development (development standards.) The Hearing Examiner shall do one of the following: uphold the denial, impose additional conditions, remand to staff stating concern or approve the project as proposed. The decision shall include findings and conclusions and be a matter of public record.

c. Only parties of record may appeal the decision of the Hearing Examiner. The appeal of the Hearing Examiner shall be to Superior Court of competent jurisdiction.

C. Site Development Plans – Smaller Scale Residential.

1. Residential Approval Process for Projects with Nine or Less Dwelling Units. Site development plans for nine or fewer dwelling units, or alterations or redevelopment of less than 25 percent of the total “structural value” as determined by methods described in the Uniform Building Code and less than five additional units shall have administrative review. If staff has any questions regarding the need for a variance, a conditional use permit, or applicant’s ability to meet standards or consistency of criteria, staff may refer the project to the Planning Commission for their review. Planning Commission may recommend a public hearing process in this circumstance before any decision is made. Only one expansion shall be permitted under administrative review. Further expansions will require Planning Commission consideration, and their recommendation to City Council. City Council may determine if a public hearing will be required for second or later expansions.

Once an application is considered complete, it will be included as a complete application on the next Planning Commission agenda. Planning Commission may discuss the project with any present at their meeting and provide information to the staff. The approval of the project will be based on staff review. The following four consistency criteria shall be used by staff to determine if the project shall be approved:

a. The Type of Land Use. The use is permitted in the zone.

b. Level of Development. Density is consistent with the Comprehensive Plan and zoning.

c. Infrastructure. The site has all “necessary” infrastructure that meet development standards, ordinances, and standards accepted by the City, or such infrastructure is proposed by the applicant: water, sanitary sewer, storm water system, transportation, communications systems, and electric energy systems that meet City development standards.

d. Development Standards. The character of the development is consistent with the Comprehensive Plan and zoning. All performance standards: height, set-backs, landscape area and parking requirements can be and are proposed by the applicant.

In addition to the four consistency criteria, an environmental determination shall be made which may include conditions to be incorporated as conditions of approval, or the project shall be considered exempt, or it is a planned action.

2. Appeal Process for Projects Denied by Staff with Nine or Less Units or Expanded by Five Units.

a. If staff does not approve the project because any of the four consistency criteria are not met and the applicant disagrees with that determination, the applicant may appeal the staff decision to the Hearing Examiner. The appeal must be made within 30 days of the denial, must be accompanied with appeal fees, and must be received 45 days before the Hearing Examiner meeting where the appeal will be heard. The appeal shall be in writing, shall address the four consistency criteria and shall be accompanied with an appeal form provided by the planning, building, and engineering departments. The appeal form shall be complete and include all of the following information: date application first made, date application considered complete, description of the proposal, name, address and phone number of property owner and applicant and applicant’s engineer or project representative. Ten copies of the denied site development plan shall accompany the appeal. A copy of the denial and environmental determination, if any, shall accompany the appeal.

b. The Hearing Examiner shall consider appellant information, pertinent ordinances and regulations, and consistency criteria: type of land use, level of development (density), infrastructure (infrastructure development standards), and character of development (development standards.) The Hearing Examiner shall do one of the following: uphold the denial, impose additional conditions, or approve the project as proposed. The decision shall include findings and conclusions and be a matter of public record.

c. Only parties of record may appeal the decision of the Hearing Examiner. The appeal of the Hearing Examiner shall be to Superior Court of competent jurisdiction.

D. Discretionary Review. The following land use permit applications require a public hearing: conditional use permits, variances, larger scale site development plans, planned unit developments, rezones/Zoning Map amendments, and subdivisions (see Subdivision Ordinance) zoning text amendments, and Comprehensive Plan amendments. Open record public hearings for these applications will be conducted by the Hearing Examiner, Planning Commission, and/or City Council, as outlined in the following chart. (Ord. 2481 § 49, 2008; Ord. 2074 § 5.1(D), 1995).

19.110.080 Public notification of open record public hearing.

Permit Type

Public Notification

PS

PO

L

DM

Building Permit

 

 

 

 

Certificate of Occupancy

 

 

 

 

Comp. Plan Amendment

PC/CC

PC/CC

PC/CC

PC

Conditional Use Permit

HE

HE

HE

HE

CUP for Accessory Uses

HE

HE

 

HE

Fence Permits

 

 

 

 

Planned Unit Development

PC/CC

PC/CC

PC/CC

PC

Rezone/Zoning Map Amendment

PC/CC

PC/CC

PC/CC

PC

Larger Scale Site Development Plans

 

 

 

 

Multi-household (10 or more units), Commercial and Industrial Projects (5,000 or more sq. ft.)

PC

PC

PC

PC

Temporary Use Permit

 

 

 

 

Time Extension

 

 

 

 

Tree Removal Plan

 

 

 

 

Variance

HE

HE

 

HE

Zoning Text Amendment

 

PC/CC

PC/CC

 

PS

=    Post on Site

PC

= Planning Commission

PO

=    Official Posting

CC

= City council

L

=    Legal publication in newspaper

HE

= Hearing Examiner

DM

=    Direct mail to surrounding property owners

 

 

Note: As described elsewhere in the code:

Smaller scale site plans shall have administrative review with posting of site, official posting, and listing of complete applications attached to Planning Commission agendas. This will inform public of 30-day comment period.

(Ord. 2481 § 49, 2008; Ord. 2118, 1996; Ord. 2116, 1996; Ord. 2074 § 5.1(E), 1995).

19.110.090 Hearing Matrix.

The Hearing Matrix describes the public meeting, open record public hearing, and closed record appeal responsibilities of the Planning Commission, Hearing Examiner, City Council, and Court.

Hearing Matrix1

Project Type

Public Meeting and Recommendation by:

Open Record Hearing by:

Closed Record Appeal by:

Conditional Use Permit and Variance

Planning Commission

Hearing Examiner

Court

Conditional Use Permit for Accessory Uses

Planning Commission

Hearing Examiner

Court

Preliminary Plats

Planning Commission

City Council

Court

Planned Unit Development or Rezone

Planning Commission

City Council

Court

Mobile Home Parks

Planning Commission

City Council

Court

Larger Scale Site Plans2

(Including F/T, Binding Site Plans)

 

Planning Commission

City Council

Appeals of Smaller Scale Site Plan Approval

 

City Council

 

Variance

Planning Commission

(optional)

Hearing Examiner

Court

Variance and Site Plan Approval (Consolidated hearing)

Planning Commission

Hearing Examiner

Court

SEPA Appeal for action not requiring public hearing

 

City Council

Court

Appeal of Code/staff

 

Hearing Examiner

Court

Removal of Trees

Planning Commission3

Hearing Examiner

Court

Special Use Sign Permit

 

Planning Commission

City Council

SEPA Appeal and Public Hearing Decision (For example preliminary plats. All but site plans)

None

City Council

Court

SEPA Appeal, Site Plan Approval (Consolidated hearing)

(Including Binding Site Plans)

 

Planning Commission

City Council

SMA

TBD4

TBD

TBD

Essential Public Facilities

Planning Commission

City Council

 

Process Type

Public Hearing for Recommendation

Public Hearing for Decision

Comprehensive Plan Amendment

Planning Commission

City Council

Comprehensive Map Amendment

Planning Commission

City Council

Zoning Text Amendment

Planning Commission

City Council

Zoning Map Amendment

Planning Commission

City Council

1. As developed at the Council agenda meeting August 17, 1995, with City Council, Hearing Examiner, and Planning Commission.

2. Larger scale site plans pertain to proposals for new structures or additions of 5,000 square feet or greater.

3. Final decision unless open record public hearing requested.

4. Change in procedures: TBD – to be determined.

(Ord. 2481 § 49, 2008; Ord. 2116, 1996; Ord. 2074 § 5.1(F), 1995).

19.110.100 Appeals.

A. Administrative. Any interested person may appeal a decision of the Planning Department or their designee within 10 days of the date of the administrative determination. The appeal shall be made in writing and include a description of the subject property, the nature of the proposal, and reason for the appeal. The Hearing Examiner may reverse any order, requirement, or other administrative determination.

B. Planning Commission. Any interested person may appeal a final decision of the Planning Commission by requesting an open record hearing to the City Council within 10 days of the date of action. The appeal shall be made in writing and include a description of the subject property, the nature of the proposal, and reason for the appeal. The City Council shall hold a public hearing to issue its decision, including any conditions it deems necessary and enter findings of fact for the record to support their decision.

C. City Council and Hearing Examiner. All actions of the City Council and Hearing Examiner shall be final and conclusive, unless, within 10 days from the date of action, an interested party makes application to the Superior Court of Snohomish County.

Exception: The decision of the Hearing Examiner on consolidated hearings for site plans and variances shall be appealed to court. (Ord. 2481 § 49, 2008; Ord. 2116, 1996; Ord. 2074 § 5.1(G), 1995).

19.110.110 Reconsideration.

Repealed by Ord. 2751. (Ord. 2481 § 49, 2008; Ord. 2074 § 5.1(H), 1995).

19.110.120 Revocation.

A. An approved land use permit may be revoked by the Planning Department based on any one or more of the following grounds:

1. That the approval of the application was based on misinformation;

2. That the use for which an approval was granted has ceased to exist, or has been suspended or abandoned for one year;

3. That the application granted is being used contrary to the terms or conditions of an approval, or in violation of this title or law;

4. That the use for which the approval was granted became detrimental to the public health, safety, or welfare, or so as to constitute a nuisance.

B. The Planning Department shall notify the land use permit holder in writing by certified mail of the revocation of his/her/its land use permit and the grounds therefor.

C. The affected land use permit holder may, within 10 days after receipt of such notice of revocation, appeal to the Hearing Examiner by filing a written notice of appeal setting forth the grounds therefor with the secretary to the Hearing Examiner and the secretary shall set a date within 20 days from the hearing of such appeals before the Hearing Examiner, and the secretary shall notify the permit holder by mail of the time and place of hearing. After the hearing thereon, the Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the revocation and reinstate the land use permit, and may impose any terms upon the continuance of the land use permit which, to the Hearing Examiner, may seem advisable. Such decision of the Hearing Examiner is appealable within 14 days, or after denial of a motion for reconsideration within 10 days after said denial, to the Superior Court of Snohomish County. No revocation of a land use permit shall take effect until 10 days after receipt of the notice thereof by the permit holder and if appeal is taken as herein prescribed the revocation shall be stayed pending final action by the City Council or Hearing Examiner. Exception: If the land use permit allows activity on the site or in site conditions potentially life threatening or injurious, access to the site or the permitted use shall cease until the dangerous condition is corrected or the appeal is addressed. (Ord. 2481 § 49, 2008; Ord. 2074 § 5.1(I), 1995).

19.110.130 Time extensions.

A. Intent and Purpose. The intent and purpose of this section is to establish minimum performance criteria to allow consideration by the Planning Department of time extensions for conditions of approval associated with land use applications and authorizations. All requests for time extensions must be made to the Planning Department in writing and be accompanied by the required fee, prior to the expiration of the initial time limit.

B. Review by Decision-Making Body. After reviewing the proposed time extensions, the Planning Department may, at their discretion, refer the item to the decision-making body that granted prior approval of the land use application, for their review and consideration.

C. Extension Criteria.

1. The application may be extended for a time period not to exceed one year, if:

a. Unforeseen circumstances or conditions necessitate the extension; and

b. An extension will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and

c. The SEPA environmental determination for the proposal has been re-evaluated and reaffirmed and, if necessary, adequate mitigation measures added in order to minimize any potential adverse impact associated with the proposed time extension.

2. The Planning Department or their assignee, may grant no more than two extensions on any single land use permit approval. A second extension may be granted only if:

a. The criteria listed in subsection (C)(1) of this section are met; and

b. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and

c. Conditions in the immediate vicinity of the subject property have not changed substantially since the application was first approved. (Ord. 2074 § 5.1(J), 1995).

Article II. Administrative Permits – Specific Procedures and Requirements

19.110.140 Applicability.

The following specific procedures and requirements shall apply to administrative permits and review processes including building permits, certificates of occupancy, and temporary uses, with the exception of temporary housing units which require review and approval by the Hearing Examiner. (Ord. 2481 § 49, 2008; Ord. 2074 § 5.2, 1995).

19.110.150 Building permits.

All building permits issued by the City shall conform to the provisions of this title. Building permit application forms shall be prepared and administered by the Building Department in addition to other applicable codes and regulations. (Ord. 2074 § 5.2(A), 1995).

19.110.160 Certificates of occupancy.

No change of use within an occupied structure or portion thereof, or establishment of a new use in an unoccupied structure or portion thereof, with the exception of single-household residences, shall occur without there first being issued a certificate of occupancy pursuant to the Uniform Building Code as adopted by the City. City staff from Planning, Engineering, Fire and Building Departments shall review all occupancy requests for compliance with the requirements of this title and all applicable City codes and standards.

A. New Construction. A certificate of occupancy shall not be issued for new construction until the following aspects of site development are provided in conformance with the regulations of this title, or the necessary performance guarantees provided: landscaping, parking and loading, recreational requirements for multiple-household projects, signs, and outdoor storage.

B. Existing Development. The Planning Commission shall have the authority to allow a lesser degree of conformance with the required site improvements listed above, prior to the issuance of a certificate of occupancy, for reuse of an existing building in cases where conformance to the standards and specifications listed above renders unreasonable hardship to the property owner or is deemed advisable due to seasonal or economic considerations. (Ord. 2074 § 5.2(B), 1995).

19.110.170 Temporary uses.

A. Intent and Purpose. The intent and purpose of this section is to provide for uses of land and structures on a temporary basis. A temporary use is not exempt from the construction and fire code requirements adopted in MTMC Title 15. Temporary structures or buildings that have mobility gear equipment shall not have said gear removed from the structure and shall not be permanently affixed to the site.

B. Temporary Accessory Uses – No Temporary Use Permit Required. The following uses may be allowed without a temporary use permit accessory to a permitted use in accordance with the regulations of the zone classification in which it is located.

1. Construction Buildings. Temporary structure for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during the progress of such construction on such projects in accordance with all applicable codes and regulations and shall be removed within 30 days following issuance of the certificate of occupancy.

2. Temporary Real Estate Office. One temporary structure used for a real estate sales office may be located on any new project in accordance with all applicable codes and regulations, provided the activities of such office shall pertain only to the project where the office is located. For any single-household subdivision project, the temporary real estate office shall be removed at the end of a 12-month period measured from the date of the recording of the final plat of the subdivision. For all other projects, the temporary real estate office shall be removed within 30 days after the issuance date of an occupancy permit.

3. Temporary Housing Unit. With approval from the Director, a temporary housing unit for construction may be placed on a lot for occupancy during the period of time necessary to repair damage of a principal residence on the same lot, provided:

a. The temporary housing unit is removed from the site within six months;

b. The unit meets minimum setback regulations for a principal structure as required by the applicable zoning district and all applicable codes and regulations; and

c. A valid building permit is issued by the Building Department for a permanent structure on the lot.

4. Fund Raising Activities for Nonprofit Organizations. Fund raising activities promoted or sponsored by nonprofit organizations, including but not limited to special events such as musical entertainment, vehicle shows, rodeos, carnivals and circuses, shall be allowed on a temporary basis in accordance with Chapter 10.20 MTMC and all other applicable City codes and regulations.

C. Temporary Accessory Uses – Permit Required – Peddlers, Solicitors, and Temporary Sales Yards. Any person, firm, organization, or corporation who displays goods for sale, peddles food items, or solicits the sale of goods or wares, including, but not limited to, Christmas trees, flowers, or any food item, and who remains in one location for a period of greater than one hour, shall first obtain a temporary use permit from the Community and Economic Development Director and a City business license if required. These businesses shall be conducted only on private commercial or light industrial zoned properties.

1. A temporary use permit for peddlers, solicitors, and temporary sales yards shall require an application signed by the owner of the property on which the activity will occur. The review shall include location of all structures, objects, or things of any nature whatsoever appurtenant to the activity for the purpose of assuring compliance with all provisions of this title, and any other pertinent requirement of state and local law or regulation.

2. A time limit for the use shall be determined by the Community and Economic Development Director. The requested time limit shall be stated on the application and may be reduced for any cause related to safety, health, and general welfare of the public. Time extensions may be allowed subject to the approval of the Community and Economic Development Director. (Ord. 2571 § 9, 2011; Ord. 2481 § 49, 2008; Ord. 2074 § 5.2(C), 1995).

Article III. Specific Procedures and Requirements for Notification of Complete Application, Notice of Open Record Public Hearing, and Hearing Procedures

19.110.180 Public notification requirements for complete applications.

A. Within 14 days of issuing a letter of completeness, the City shall issue a notice of development application to the public, departments and agencies within the jurisdiction. The notice shall include but not be limited to the following:

1. The name of the applicant.

2. Dates of:

a. Receipt of application;

b. The letter of completeness (notice of completion date);

c. Notice of application.

3. The location of the project.

4. A brief project proposal description including the necessary permits, the environmental information used to review project and any studies, as applicable, and density or intensity of proposal.

5. The expiration date of the maximum 30-day public comment period.

6. Date, time and place of hearing and hearing type, if known.

7. Statement of preliminary determination on proposal, if applicable.

8. Location of information and who to contact to review or obtain copies of it.

B. The public shall be notified by:

1. Posting of the property; and

2. Posting the official City information distribution sites;

3. Anyone providing self stamped addressed envelope(s) to receive a list of complete applications pertinent to the public comment period or pending public hearing attached to the Planning Commission agenda.

C. Notices of all development applications, whether requiring public hearing or not, shall be included as an attachment to the Planning Commission agenda.

D. The public, agencies and jurisdictions are requested to provide comment, preferably in writing, to the Planning staff regarding any proposed project within the 30-day comment period. Comments may be about the project itself, environmental consequences associated with the project, or its construction, all in the same correspondence. Staff will consider all information received in making an environmental determination and in preparing staff reports.

E. The public shall have an opportunity to speak (provide public testimony) at the time of public hearing for those projects that have open record public hearings. The public may present viewpoints according to the operating procedures of the Planning Commission, Hearing Examiner, and City Council.

F. The procedure regarding notification of a land use application for projects involving structures of less than 5,000 square feet or less than five dwelling units will be as stated above in subsections A, B and C of this section. No further notice or public hearing will be required unless there is an environmental appeal or the applicant appeals the decision of the pertinent department.

G. The procedure regarding notification of a land use application for projects involving structures of 5,000 square feet to 25,000 square feet or projects involving five to 24 dwelling units shall include the requirements of subsection A of this section and a public notice sign describing the land use action. That sign shall be at least two feet by three feet in size and shall include a description of the site and the tentative date for a public hearing.

H. The procedure regarding notification of a land use application for projects involving structures of 25,000 square feet or more, projects involving 25 dwelling units or more, preliminary plats of over 10 lots, Comprehensive Plan Map amendments and shoreline management substantial development permits shall include the requirements of subsection A of this section and supplemental public notification sign(s) describing the land use action. The signs shall be at least four feet by eight feet in size, shall include a description of the site and the tentative date for a public hearing, and shall be located every 300 feet of along public street frontage. The supplemental public notice sign shall meet the requirements of Chapter 18.25 MTMC which is known as the “Major Land Use Action Public Notification Sign Ordinance.” (Ord. 2481 § 49, 2008; Ord. 2116, 1996; Ord. 2074 § 5.3(A), 1995).

19.110.190 Public meeting and open record public hearing requirements.

The following public hearing and meeting requirements and specific permit procedures shall apply to discretionary permits including conditional use permits, variances, larger scale site development plans, rezone/Zoning Map amendments, zoning text amendments, and Comprehensive Plan Text and Map amendments. (See chapter providing procedures for land use policy and project development for other land use actions.)

Planning Commission shall have regular public meetings to study, review and make recommendations on land use plans and project proposals. Based on the procedures of the Planning Commission, public comment will be accepted following staff and applicant presentations. Applicant and staff may further clarify questions raised by the public. Following staff remarks, Planning Commission will deliberate and file a report with recommendations. The Planning Commission public hearing process will also follow this format before making a decision.

A. Setting of Hearings. The date, or dates, for public hearings on applications for discretionary permits shall be set as soon as possible from the filing date of a complete application, following notice of a complete application, environmental determination, if required, and completion of staff review.

B. Notice. The types of public hearing notification required for specific applications shall be provided in accordance with MTMC 19.110.080 (Overview of Permit Application and Authorization Procedures). When required, the public notification shall be provided as described below:

1. Legal Publication. Notification of the public hearing shall be published at least once in a newspaper of general circulation in the immediate area, not less than 10 days before the date of said public hearing. Such notice shall set forth the date, time and place of the hearing, and the matter to be considered;

2. Direct Mail to Property Owners. Written notice addressed through the United States mail shall be provided to all property owners of record within a radius of 300 feet of the exterior boundaries of the subject property, including the owner of the subject property and resident (if different than owner) for conditional use permit, planned unit development, rezone, and larger scale site plan applications. Direct mail to adjacent property owners shall be provided for accessory conditional use permits and variances.

3. Intergovernmental Notification. Transmit to any governmental agency required by statute to receive such notice; or any agency requesting such notice in writing;

4. Posting at Site. Posting of the public hearing notice shall occur at the project site;

5. Official Posting. Posting of the public hearing notice shall occur at the official City information distribution sites designated by the City Council.

6. Required Wording of Notice. Public notice via mail or transmittal shall be headed in bold face print “Notice of Public Hearing”. Mailed and published notice shall contain statement of proposed action, containing the words, “Notice of”, and the proposed type of hearing requested, the identification of the property under consideration, a brief description of the nature of the proposed change or use, the time and place at which the public hearing on the matter will be held, and by whom the hearing is to be held. Written comments will be accepted until the date of the hearing.

C. Open Record Public Hearing. There shall be only one open record public hearing for land use actions. Depending on the application(s) involved and request for appeal, if multiple decisions are needed, they shall be consolidated into one open record public hearing.

D. Hearings Continued. Hearings may be continued without recourse to additional public notice. If, for any reason, the hearing on any matter set for public hearing cannot be completed on the date set for such hearing, the authority presiding at such public hearing may direct that the hearing on the matter be continued. If the date, time, and place at which the continued hearing will be held is publicly announced at the hearing from which the continuance is made, then no further notice of the continued hearing is required. (Ord. 2116, 1996; Ord. 2074 § 5.3(B), 1995).

19.110.200 Conditional use permits.

A. Purpose and Intent. The City of Mountlake Terrace recognizes that certain land uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. To help ensure that such uses fit appropriately within the neighborhood context, a conditional use permit is required for conditional uses and accessory conditional uses identified in Chapters 19.20 through 19.105 MTMC. The conditional use permit shall not be used in lieu of a variance to reduce the requirements of this title.

B. Public Hearing. Notice of a public hearing shall be prepared and issued by the Department pursuant to MTMC 18.05.420 for conditional use permit applications heard by the Hearing Examiner. Conditional use permits require one public hearing before the Hearing Examiner.

C. Authority to Impose Conditions. In approving a conditional use permit, the Hearing Examiner may impose any conditions he or she feels necessary to ensure that designated uses or activities are compatible with other uses in the same land (or zoning) district and in the vicinity of the subject property.

D. Criteria for Review and Conclusions of Law. The Hearing Examiner may approve a conditional use permit only if the request either conforms to all the criteria in this subsection or the request will so conform under applicable codes and any specified conditions. The Hearing Examiner shall make written findings and conclusions for the record which support his or her decision. The criteria are as follows:.

1. The proposal is in accordance with the goals, policies and relevant land use designations of the Comprehensive Plan.

2. The proposal will not adversely impact the established character of the surrounding vicinity. For purposes of this section, “character” shall mean:

a. The distinctive features or attributes of buildings and site design, including but not limited to building facade, scale, building modulation, tree cover, landscaping, size and location of signs, amount and location of parking, fencing and walkability;

b. The level of noise, vibrations or odors; and

c. The type of vehicular traffic and traffic patterns associated with the permitted uses in the zoning district.

3. The proposed use will not endanger the public health, safety, and general welfare of the community or create obstacles to neighborhood circulation.

4. The proposal complies with the purpose and all requirements of the zoning district classification in which it is located and with the general provisions of the municipal code.

5. The proposal will be served by existing public facilities as may be necessary. This standard may be met if the applicant pays the cost of or installs any additional facilities needed.

E. Final Decision. The Hearing Examiner may approve, conditionally approve, or deny the conditional use permit. The decision shall be final and conclusive unless an appeal, or request for reconsideration, is filed according to the procedure described in Chapter 18.05 MTMC. The decision of the Hearing Examiner shall be deemed issuance of the conditional use permit, if approved. An approved accessory conditional use permit shall be deemed to be approved for the applicant only at the approved location and shall not run with the land. All other conditional use permit applications shall be deemed to run with (go with) the land, unless the Hearing Examiner states otherwise. The decision of the Hearing Examiner shall become effective immediately upon entry of such order in the official records, unless the Hearing Examiner finds that making the decision effective immediately would create a condition of practical impossibility or unnecessary hardship in which case he or she shall set a new and different effective date which in no event shall be more than 30 days from the date of entry of such order, and this exception is noted in the record.

F. Recording. The Hearing Examiner may stipulate that the conditions of approval that apply to use of the property be recorded with the Snohomish County Assessor’s Office. For any approval of a minor modification to an approved conditional use, the Director may stipulate that the conditions of approval be recorded with the Snohomish County Assessor’s Office.

G. Changes or Modifications.

1. Minor. Minor changes to the operational aspects of the approved conditional use or the approved site plan shall be reviewed and may be approved by the Director in cases where the proposed modifications:

a. Do not significantly alter the originally approved conditional use;

b. Do not add more than 10 percent in area to the gross square footage of the approved conditional use; and

c. Do not conflict with current requirements of this title or other applicable codes and restrictions.

All such requests shall be made in writing and supported by documentation as required by the Director and be accompanied by the appropriate fee, based on the City’s fee schedule. The Director shall make a written determination as to whether the proposed modification is minor, based on the criteria in this section. If the proposal is determined to be a minor modification to the conditional use, the Director shall treat the proposal as a minor amendment to the original approved conditional use and make a written decision to approve, deny, or approve with conditions.

2. Major. If the Director makes a written determination that the proposed changes or modifications do not represent only a minor change, the proposal shall be considered a major modification and processed only under a new conditional use permit application.

H. Time Limits. Any permits necessary to establish or construct an approved conditional use shall be applied for within one year of the effective date of the Hearing Examiner’s decision, unless a shorter time limit is imposed. Conditional use permits shall be deemed automatically null and void if applications for any necessary permits or licenses to establish the use are not received by the Department within that period of time or, in such case that no permits or licenses are required, if the approved conditional use has not substantially commenced within that time period.

I. Revocation. The Hearing Examiner may revoke an approved conditional use permit following a public hearing if he or she finds that:

1. The use for which the approval was granted has been abandoned for a period of one year or more; or

2. Approval of the permit was obtained by misrepresentation of material fact; or

3. The permit is being exercised contrary to the terms of approval.

The process to revoke a conditional use permit may be initiated by the Department. Any public hearing conducted by the Hearing Examiner to consider revocation is subject to the notice requirements under MTMC 18.05.420. The Hearing Examiner shall make written findings and conclusions for the record that support the revocation decision. (Ord. 2542 § 1, 2010; amended by City request, 1/11; Ord. 2481 § 49, 2008; Ord. 2251 § 6, 2000; Ord. 2116, 1996; Ord. 2074 § 5.3(C), 1995).

19.110.210 Variances.

A. General Provisions. The Hearing Examiner may grant in specific cases a variance from the terms of this title when it will not be contrary to the public interest and, owing to unique physical conditions such as lot configuration, steepness of slope, or other conditions applying to a lot or building, the strict application of the zoning regulations could deprive the property of privileges enjoyed by other properties in the same vicinity and under the same zoning classification.

1. A variance shall not be considered a right or special privilege, but may be granted only upon a showing of undue hardship.

2. When considering an application for a variance, the Hearing Examiner and/or Commission shall consider the applicable standards, criteria, and policies established by this title and the Comprehensive Plan as they pertain to the proposal and may impose specific conditions in order to ensure the proposal conforms to the criteria for review identified in MTMC 19.110.200(D).

3. The Hearing Examiner and/or Commission shall assure, through such conditions, that the proposal shall conform to the criteria for review identified in MTMC 19.110.200(D).

4. In no case shall the variance procedure allow a use which is not permitted in the applicable zone, nor shall the variance procedure be substituted for any other expressed procedure established by this title.

5. The fact that a piece of property may be utilized more profitably with an approved variance shall not be considered as a criteria for review.

B. Public Hearing. Notice of a public hearing shall be prepared and issued by the Department pursuant to MTMC 19.110.180. An open record public hearing before the Hearing Examiner is required for approval. When the variance request is submitted concurrently with a site development plan, planned unit development, or conditional use permit for a primary use, the Planning Commission shall review the application at a regular meeting and file a report with recommendation with the Hearing Examiner.

C. Criteria for Review and Conclusions of Law. The Hearing Examiner may approve a variance only if the request conforms to all of the following criteria. The Hearing Examiner must adopt findings and conclusions from the record which support their decision.

1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and

2. Such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

D. Final Decision. The Hearing Examiner may approve, conditionally approve, or deny the variance request. The decision shall be final and conclusive unless an appeal or reconsideration is filed according to the procedure outlined in MTMC 18.05.520 and 19.110.100. The decision of the Hearing Examiner to approve or conditionally approve a request shall be deemed issuance of the variance. The decision of the Hearing Examiner shall become effective immediately upon the entry of such order in the official records of the Hearing Examiner, unless the Hearing Examiner finds that making the decision effective immediately would create a condition of practical impossibility or unnecessary hardship in which case, the Hearing Examiner shall set a new and different effective date which in no event shall be more than 30 days from the date of entry of such order, and this exception is noted in the record.

E. Time Limits. Permits necessary to establish or construct the proposal shall be applied for within one year of the effective date of the Hearing Examiner’s decision, unless a shorter time limit is imposed by the Hearing Examiner. Variances shall be deemed automatically null and void if applications for any necessary permits to establish the use are not received by the Department within that period of time. When constructed pursuant to a permit, the variance shall be deemed permanent and shall run with the land, unless otherwise stated as a condition of permit approval. (Ord. 2481 § 49, 2008; Ord. 2116, 1996; Ord. 2074 § 5.3(D), 1995).

19.110.220 Site development plans – Larger scale – Nonresidential (Commercial and industrial).

A review process including a public hearing is necessary for approval of nonresidential site development plans with structures of 5,000 square feet or greater, significant alterations to existing site development and major redevelopment projects, except single-household residences. The specific procedure for processing site development plans in the F/T district and SDD district is outlined in Chapters 19.20 through 19.105 MTMC (Land Use Regulations). The procedure for processing site development plans associated with planned unit developments is contained in Chapter 19.115 MTMC (Planned Unit Developments). All other site development plans shall conform to the following regulations:

A. Public Hearing. All complete applications shall be included on the next Planning Commission agenda. For larger scale nonresidential projects, the Planning Commission shall hold an open record public hearing, consider and approve, approve with conditions, or deny the proposal. The Planning Commission shall consider such proposal 30 days following environmental determination or end of initial public comment period, whichever is completed last. Notice of a public hearing for Planning Commission consideration shall be prepared and issued by the Planning Department pursuant to MTMC 19.110.180. Public hearing requirements for site development plans shall be as follows:

NOTE: Supplemental public notification requirements for projects of more than 25 dwelling units or 25,000 square feet of gross floor area for nonresidential projects are contained in Chapter 18.25 MTMC.

B. Conditions. When considering a larger-scale site development plan application, the Commission shall consider the applicable standards for nonresidential uses, criteria, and policies established by this and other applicable City ordinances and the Comprehensive Plan as they pertain to the proposal.

All conditions required by the Planning Commission shall be entered in the minutes of the appropriate meetings.

C. Criteria for Review and Conclusions of Law. The Planning Commission may approve a site development plan only if the request conforms to all of the following criteria. The Commission shall enter findings of fact and conclusions for the record which support their decision.

1. Type of Land Use. The proposal is in accordance with the goals and policies of the Comprehensive Plan and the type of land use that is permitted in the zone;

2. The level of development is consistent with the Comprehensive Plan and zoning;

3. Development Standards. The proposal complies with all requirements of the zone classification and general provisions of this title, except in the case where a variance has been approved in accordance with the requirements of MTMC 19.110.210;

4. Infrastructure. The proposal will be served by existing public facilities as may be necessary. This standard may be met if the applicant pays the cost of or installs any additional facilities needed;

D. Final Decision. The City Council may approve, conditionally approve, or deny the site development plan application. The decision shall be final and conclusive from the “date of action” unless an appeal or request for reconsideration is filed according to the procedure outlined in MTMC 18.05.520 and 19.110.100.

E. Decision Time Limits. Permits necessary to establish or construct the proposal shall be applied for within two years of the effective date of the final site plan decision, unless a shorter time limit is imposed by the City Council. Site plan approvals shall be deemed automatically null and void if applications for any necessary permits to establish the use are not received by the Department within that period of time.

F. Changes or Modifications.

1. Minor. Minor changes in an approved site development plan may be authorized by the Planning Department in cases where the proposed modifications do not impact the ability of the project to meet the requirements of this title or other applicable codes and restrictions or conditions of approval. All such requests shall be made in writing and supported by documentation as required by the Planning Department.

2. Major. If the Planning Department determines the proposed amendment to the approved site development plan represents a significant change, it shall be referred back to the City Council for review. (Amended by City request, 1/11; Ord. 2116, 1996; Ord. 2074 § 5.3(E), 1995).

19.110.230 Rezones/amendments to the Official Zoning Map.

The Planning Department, the Commission, or the Council may initiate amendments to the Official Zoning Map, or any member of the public may request an amendment to the Official Zoning Map by submitting a complete application on forms provided by the Planning Department.

A. Public Hearing. Notice of public hearing shall be prepared by the Planning Department pursuant to MTMC 19.110.180. Supplemental public notification requirements for rezones are contained in Chapter 18.25 MTMC. One open record public hearing is required before the City Council. Planning Commission shall hold a public hearing prior to making their recommendation to the City Council. The Council shall also have a public hearing for rezones.

B. Conditions. When considering a rezone/Zoning Map amendment request, the Commission and Council shall consider the applicable standards, criteria, and policies established by this and other City ordinances and the Comprehensive Plan. Specific conditions of approval may be imposed in order to ensure conformance of the proposal with the criteria for review identified below. Conditions of approval associated with a rezone request may be incorporated into a binding agreement such as a concomitant agreement or approved site plan.

C. Criteria for Review and Conclusions of Law. The Planning Commission shall consider the following criteria in making their recommendation to the City Council. The Council may approve the rezone request only if the proposal conforms to all of the following criteria. The Council shall adopt findings and conclusions for the record which support their decision.

1. The proposal is in accordance with the Comprehensive Plan;

2. Any parcel of land contained in this request, whether under single or unified ownership is not receiving special or privileged treatment;

3. The proposal will not be materially detrimental to properties in the vicinity or the community based on the entire range of uses allowed in the proposed zone;

4. Adequate public services will be available to serve the full range of proposed uses;

5. The reclassification is warranted because of a change in circumstances, or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; and

6. The proposed rezone would promote the general health, welfare, and safety of the community.

D. Final Decision. The Commission may recommend approval, denial, or approval with conditions, the request for change in zone classification. The recommendation shall be submitted to the City Council for final action. The decision of the City Council shall be deemed issuance of the change in zone classification, if approved, and the Zoning Map shall be revised to reflect the approved change in zoning designation unless an appeal or request for reconsideration is filed according to the procedure outlined in MTMC 18.05.520 and 19.110.100. (Amended by City request, 1/11; Ord. 2116, 1996; Ord. 2074 § 5.3(F), 1995).

19.110.240 Zoning text amendments.

A. Procedural amendments to the text of this title which do not impose, remove, or modify any existing regulations shall be initiated and processed in the manner outlined below except that no public hearing shall be required.

B. The Planning Department, Commission, Council, Hearing Examiner, or any member of the public, may initiate or propose a substantive change to the text of the Zoning Ordinance.

1. Public Hearing. Notice of public hearing shall be prepared by the Planning Department pursuant to MTMC 19.110.180. Supplemental public notification requirements for rezones are contained in Chapter 18.25 MTMC. One open record public hearing is required before the City Council. Planning Commission shall hold a public hearing prior to making their recommendation to the City Council. The Council shall also have a public hearing for rezones.

C. Criteria for Review and Conclusions of Law. The Planning Commission shall consider the following criteria in making their recommendation to the City Council. The Council may approve the request to amend the text of the Zoning Ordinance only if the proposal conforms to all of the following criteria. The Council shall adopt findings and conclusions for the record that support their decision.

1. The proposal is in conformance with the goals and objectives of the Comprehensive Plan; and

2. The proposal promotes the health, welfare, and safety of the general public; and

3. The proposal will not create excessive additional requirements at public cost for public facilities and services.

D. Final Decision. The Commission may recommend approval or denial of the request to amend the text of the Zoning Ordinance. Their recommendation shall be submitted to the Council for final action. The Council may approve or deny the request. The decision shall be final and conclusive unless an appeal or request for reconsideration is filed according to the procedure outlined in MTMC 18.05.520 and 19.110.100. (Amended by City request, 1/11; Ord. 2481 § 49, 2008; Ord. 2116, 1996; Ord. 2074 § 5.3(G), 1995).

19.110.250 Comprehensive Plan text or map amendments. (Docket for a change)

The City Council, Planning Commission, Hearing Examiner, or members of the public may initiate consideration of an amendment to the Comprehensive Plan Text or Map. The Planning staff shall maintain a docket of such requests to be considered at the next update of the Comprehensive Plan and Map which shall be no more often than once every 12 months.

A member of the public may apply for an amendment to the Comprehensive Plan Text or Map on forms requesting an item be placed on the Comprehensive Plan or Map docket provided by the Planning Department.

A. Public Hearing. Notice of public hearing shall be prepared and issued by the Planning Department pursuant to MTMC 19.110.190. Supplemental public notification requirements for Comprehensive Plan amendments are contained in Chapter 18.25 MTMC. One open record public hearing is required by the City Council. The Planning Commission, at a regular meeting, shall consider Comprehensive Plan Text or Map amendments along with other requests on the docket. The Planning Commission shall study the requests in light of concurrency of adequate water, sewer, and transportation infrastructure, as well as other goals and policies in the Comprehensive Plan.

B. Criteria for Review and Conclusions of Law. The Planning Commission shall consider the following criteria in making their recommendation to the City Council. The Council may approve a request to amend the Comprehensive Plan only if the proposal conforms to all of the following criteria. The Council shall adopt findings and conclusions for the record which support their decision.

1. The proposal promotes the health, welfare, and safety of the general public; and

2. The proposal will not create excessive additional requirements at public cost for public facilities and services; and

3. There are significant social, economic, environmental, or land use-related factors which support the proposed amendment.

4. The proposal is consistent with goals and policies of the Comprehensive Plan.

C. Final Decision. The Commission may recommend approval or denial of the request to amend the Comprehensive Plan. Their recommendation will be submitted to the Council for final action. The Council may approve or deny the request. The decision shall be final and conclusive unless an appeal or request for reconsideration is filed according to the procedure outlined in MTMC 18.05.520 and 19.110.100. (Amended by City request, 1/11; Ord. 2481 § 49, 2008; Ord. 2116, 1996; Ord. 2074 § 5.3(H), 1995).

19.110.260 Departures.

A. Overview and Purpose. This title provides for a number of specific departure opportunities to development standards. The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the “purpose” of the particular standard and any additional departure criteria established for the particular departure opportunity.

B. Requests for Departures Are Voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis, provided they meet the purpose of the standard and applicable departure criteria as noted above.

C. Applicability. Departure opportunities are available only where noted for specific standards.

D. Procedures. Permit applications that include departure requests go through the standard review procedures in this chapter depending on the application type.

E. Approval Criteria. Project applicants must successfully demonstrate to the decision-maker how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that applies to the specific standard.

F. Documentation. The decision-maker must document the reasons for approving all departures (to be maintained with project application records) for the purpose of providing consistency in decision-making by the City. (Ord. 2755 Exh. B, 2019).