Chapter 19.04C LAND USE ACTIONS, PERMITS AND DETERMINATIONS

Chapter 19.04C
LAND USE ACTIONS, PERMITS AND DETERMINATIONS – DECISION CRITERIA

AND STANDARDS

Sections:

19.04C.005 Purpose.

19.04C.010 Administrative conditional uses.

19.04C.015 Administrative modifications.

19.04C.020 Conditional use permit.

19.04C.025 Change of use.

19.04C.030 Code interpretations.

19.04C.035 Amendments.

19.04C.040 Comprehensive plan.

19.04C.045 Developer agreements.

19.04C.050 Annexations.

19.04C.055 Variances.

19.04C.060 Temporary uses/temporary housing units.

19.04C.065 Home occupations.

19.04C.070 Rezones – Official zoning map amendments.

19.04C.075 Site plan review.

19.04C.080 Official site plan.

19.04C.090 Administrative authority.

19.04C.005 Purpose.

The purposes of this chapter are to allow for consistent evaluation of land use applications and to protect nearby properties and community from the possible effects of such applications by:

(A) Providing clear criteria on which to base a decision;

(B) Recognizing the effects of unique circumstances upon the development potential of a property;

(D) Avoiding development which may be unnecessarily detrimental to neighboring properties and community;

(E) Requiring that the design, scope and intensity of development is in keeping with the physical aspects of a site and adopted land use policies for the area; and

(F) Providing criteria which emphasize protection of the general character of neighborhoods. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.010 Administrative conditional uses.

(A) An administrative conditional use permit is a mechanism by which the city may place special conditions on the use or development of property to ensure that new development is compatible with surrounding properties and achieves the intent of the comprehensive plan. This section applies to each application for an administrative conditional use and to uses formerly identified as special uses.

(B) Procedure. Administrative conditional uses shall follow the procedures established in Chapter 19.04B GFMC for a Type II permit process, which requires public notice.

(1) The designated official may approve, approve with conditions, or deny an administrative conditional use permit.

(2) When an application is submitted together with another permit application requiring a decision by the hearing examiner, the administrative conditional use permit shall be processed concurrently with the other application and the hearing examiner shall make the decision on the administrative conditional use using a Type III process.

(C) Decision Criteria. The designated official may impose conditions to ensure the approval criteria are met. The designated official may grant approval for an administrative conditional use when all the following criteria are met:

(1) The proposal is consistent with the comprehensive plan;

(2) The proposal complies with applicable requirements for the use set forth in this title;

(3) The proposal is not materially detrimental to uses or property in the immediate vicinity; and

(4) The proposal is compatible with and incorporates specific features, conditions, or revisions that ensure it responds appropriately to the existing or intended character, appearance, quality of development, and physical characteristics of the subject property and the immediate vicinity.

(D) Revision of Administrative Conditional Use Permits. Revisions of previous permit approvals are allowed pursuant to GFMC 19.04C.015, Administrative modifications.

(E) Vacation of Administrative Conditional Use Permit. A landowner request for vacation of an administrative conditional use permit shall be conducted in accordance with GFMC 19.04A.240. Any administrative conditional use permit issued pursuant to this section, or any special use permit issued previously, may be vacated at the request of the current landowner upon city approval provided:

(1) The use authorized by the permit does not exist and is not actively being pursued; or

(2) The use has been terminated and no violation of the terms and the conditions of the permit exists.

(F) Review or Revocation of Permit. The designated official shall have jurisdiction to review and modify or revoke all administrative conditional uses. Any review or revocation proceeding shall be conducted in accordance with GFMC 19.04A.255.

(G) Transfer of Ownership. An approved administrative conditional use permit runs with the land and compliance with the conditions of any such permit is the responsibility of the current owner of the property. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.015 Administrative modifications.

(A) This section governs requests to modify any final approval granted pursuant to this title, excluding all approvals granted by passage of an ordinance or resolution of the city council and requests to revise a recorded plat governed by Chapter 19.05 GFMC.

(B) Procedure. Applications that seek administrative modification that meet the criteria below shall follow the procedures established in Chapter 19.04B GFMC for a Type I permit process.

(1) The designated official may determine that an addition or modification to a previously approved project or decision will require review as a new application rather than an administrative modification, if it exceeds the criteria in subsection (C)(2) of this section. If reviewed as a new application rather than an administrative modification, the modification shall be reviewed by the same body that reviewed the original application. The criteria for approval of such a modification shall be those criteria governing original approval of the permit which is the subject of the proposed modification.

(2) A proposed modification or addition will be decided as an administrative modification, if the modification meets the following criteria:

(a) No new land use is proposed;

(b) A change to a condition of approval does not modify the intent of the original condition;

(d) No changes in location or number of access points are proposed;

(e) Minimal reduction in the amount of landscaping is proposed;

(f) Minimal reduction in the amount of parking is proposed;

(g) The total square footage of structures to be developed is the lesser of 10 percent or 6,000 gross square footage; and

(h) Minimal increase in height of structures is proposed to the extent that additional usable floor space will not be added exceeding the amount established in subsection (C)(2)(g) of this section. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.020 Conditional use permit.

(A) Purpose.

(1) The purpose of this section is to establish decision criteria and procedures for special uses, called conditional uses, which possess unique characteristics. Conditional uses are deemed unique due to factors such as size, technological processes, equipment, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. These uses require a special degree of control to assure compatibility with the comprehensive plan, adjacent uses, and the character of the vicinity.

(2) Conditional uses will be subject to review by the city and the issuance of a conditional use permit. This process allows the city to:

(a) Determine whether these uses will be incompatible with uses permitted in the surrounding areas; and

(b) Make further stipulations and conditions that may reasonably assure that the basic intent of this UDC will be served.

(B) Hearing Examiner Decision. The hearing examiner shall review conditional use permits in accordance with the provisions of this section and may approve, approve with conditions, modify, modify with conditions, or deny the conditional use permit based on findings of compliance or noncompliance with subsection (C) of this section. The hearing examiner may modify bulk requirements, off-street parking requirements, and use design standards to lessen impacts, as a condition of the granting of the conditional use permit.

(C) Required Criteria and Findings. A conditional use permit may be approved only if the applicant can adequately demonstrate on the record:

(1) That the granting of the proposed conditional use permit will not:

(a) Be detrimental to the public health, safety, and general welfare;

(b) Adversely affect the established character of the surrounding vicinity; nor

(c) Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located.

(2) That the granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan and any implementing regulation.

(3) That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.

(4) That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard.

(5) That the conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.

(6) That the level of service standards for public facilities and services are met in accordance with the concurrent management requirements. See Chapter 19.12 GFMC.

(D) Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection (C) of this section.

(E) Application. Submittal of an application for a conditional use permit shall include:

(1) A completed application form.

(2) A base map showing property boundary lines, existing lots, tracts, utility or access easements and streets, topography, existing development features, water bodies, wetlands and buffers, and flood-prone areas.

(3) A legal description and vicinity map of the property.

(4) A site plan showing the location and ground elevation of any proposed structures, parking areas, common use areas, landscaping, utilities, grading and drainage, mitigation for critical area impacts, fences and other proposed features. (If easements or covenants are proposed, their location and design must be shown.)

(5) Mailing labels of all property owners within 300 feet of the project site.

(6) A written statement addressing the decision criteria (see subsection (C) of this section) and any other information required by the city. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.025 Change of use.

(A) This section governs requests for substantial change of the use of a structure or property.

(B) Procedure. Change of use applications are reviewed under a Type I review pursuant to Chapter 19.04B GFMC.

(C) A change in the status of property from unoccupied to occupied or vice versa does not constitute a substantial change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

(D) A substantial change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(E) A substantial change in use of property occurs whenever a new use or activity conducted on a lot creates a more intensive impact to the site in question or to the infrastructure of the city than the previous use, as determined by the designated official. This occurs whenever:

(1) If the original use is a combination use, the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned residential development use changes to such an extent that the parking requirements for the overall use are altered.

(2) If the original use is a combination use and the mixture of types of individual principal uses that comprise the combination use or planned neighborhood development use changes.

(3) If the original use is residential development and the relative proportions of different types of dwelling units change.

(4) If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use) and that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business) causing site impacts that are more intensive.

(F) Decision Criteria. A determination of whether to approve a substantial change of use shall include review of, but not be limited to, the following:

(1) Hours of operation;

(2) Materials processed or sold;

(3) Required parking;

(4) Traffic generation;

(5) Impact on public utilities;

(6) Clientele; and

(7) General appearance and location. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.030 Code interpretations.

(A) This chapter is intended to provide a process for administrative interpretation of the provisions of this title. Code interpretations:

(1) Clarify ambiguous provisions of the code applied to a specific project;

(2) Determine nonconforming rights;

(3) Determine whether a use is allowed in a particular zone; and

(4) Interpret the meaning of terms.

(B) Request for Code Interpretation. Any person may submit a written request for a code interpretation to the designated official, or the designated official may issue a code interpretation on the designated official’s own initiative. A filing fee may be required for each request for an interpretation. At a minimum, a request for a code interpretation shall include:

(1) The provision of this title for which an interpretation is requested;

(2) Why an interpretation of the provision is necessary; and

(3) Any reason or material in support of a proposed interpretation.

(1) The designated official is authorized to interpret the zoning map and this title. The public works director is authorized to interpret specific sections of this title related to transportation facilities and utilities.

(2) The designated official shall mail a written interpretation to any person filing a request for a code interpretation.

(3) Written interpretations may be appealed to the hearing examiner.

(D) Code Interpretations Specific to a Project.

(1) Only an applicant for a project may request an interpretation relating to a specific project. At the time of making the request, the applicant shall elect to have the request processed as a separate Type I application or in conjunction with the underlying application.

(2) Persons other than the applicant may not request a project-related interpretation pursuant to this chapter, but may appeal to challenge the department’s interpretation of the code or submit comments as a party of record in conjunction with the underlying application.

(E) Code Interpretation – Decision of the Designated Official.

(1) Only one interpretation per issue shall be rendered by the designated official. In the event an interpretation is requested on an issue previously addressed, the designated official shall provide a copy of the previous interpretation to satisfy the request.

(2) An interpretation issued pursuant to this chapter shall have the same effect and be enforceable as a provision of this title.

(F) Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1) Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines;

(2) Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries;

(3) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines;

(4) Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map; and

(5) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(G) A copy of all issued interpretations shall be on file at City Hall. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.035 Amendments.

(A) Purpose. The purpose of this section is to define types of amendments to the development regulations, comprehensive plan, and other official controls and to identify procedures for those actions. Amendments to the comprehensive plan and development regulations are legislative functions separate from any permit process otherwise set forth in this section.

(B) Development Regulations and Other Official Controls. This section is intended to provide the method for adopting amendments to the text and official map of the city’s development regulations and other official controls. Requests to change a regulatory zone affecting a parcel of land, or portion of a lot, are processed under this section.

(1) Initiation of Amendment. An amendment to the zoning code or other official controls may be initiated by:

(a) The city council;

(b) The planning commission;

(d) One or more property owners directly affected by a proposal through the submittal to the city of an application and fee as set forth in subsections (D)(2) and (D)(3) of this section;

(e) Citizen advisory committees or organizations through the submittal to the city of an application and fee as set forth in subsections (D)(2) and (D)(3) of this section.

(2) Application Required. A zoning code amendment application is required to formally request a change to the regulations and standards in this UDC. A zoning map amendment (rezone) application is subject to the requirements of GFMC 19.04C.070. All zoning map amendment (rezone) applications must be accompanied by a comprehensive plan amendment application in compliance with subsection (C) of this section. Applications shall include:

(a) A completed zoning code or zoning map amendment application form;

(b) Property owners’ and agents’ names, addresses, and other contact information;

(d) Statement of how the proposed amendment is consistent with comprehensive plan goals and policies;

(e) For proposed amendments regarding a specific parcel or parcels rather than a zone, district or designated area of the city:

(i) Parcel identification number and address of the parcel or parcels;

(ii) Mailing labels of all property owners within 300 feet of the parcel or parcels;

(iii) A legal description of the subject property; and

(iv) Vicinity map;

(f) A completed environmental checklist; and

(g) Other relevant information regarding the proposal.

(3) Fees. As may be established by resolution of the city council.

(4) Staff Report. The designated official shall prepare a written report on each amendment pending before the planning commission. The report shall be transmitted to the planning commission and to the applicant before the public hearing. Each report shall contain:

(a) Any factual findings pertaining to the amendment.

(b) Any comments from city departments or other agencies with jurisdiction.

(d) The designated official’s recommendation.

(5) Public Hearing by Planning Commission. The city shall give notice and the planning commission shall hold a public hearing prior to the recommendation for adoption or amendment of any official control to the city council. See GFMC 19.04B.405 through 19.04B.460 for hearing procedures and rules.

(6) Adoption by City Council. Amendments to the development regulations or other official controls shall be adopted by the city council by ordinance after a public hearing on the planning commission’s recommendation.

(C) Comprehensive Plan. This section is intended to provide the method for adopting amendments to the text and official maps of the city’s comprehensive plan. Comprehensive plan amendments may include, but are not limited to, policy changes; land use designation changes; level of service standard changes; addition of new analyses; addition of new elements; or other changes that are mandated by state law or determined to be in the interest of the city. GFMC 19.04C.040 describes the adopted comprehensive plan.

(1) Initiation of Amendment. Pursuant to the docketing process set forth under subsection (D) of this section, an amendment to the comprehensive plan may be initiated by:

(a) The city council requesting the planning commission to set the matter for hearing and recommendations;

(b) The planning commission with the concurrence of the designated official;

(d) One or more property owners directly affected by a proposal through the submittal to the city of an application and fee as set forth in subsections (C)(2) and (C)(3) of this section;

(e) Citizen advisory committees or organizations through the submittal to the city of an application and fee as set forth in subsections (C)(2) and (C)(3) of this section.

(2) Application Required. Application for a change to the comprehensive plan shall include:

(a) A completed application form;

(b) Property owners’ and agents’ names, addresses, and other contact information;

(d) Statement of how the proposed amendment is consistent with comprehensive plan goals and policies;

(e) For proposed amendments regarding a specific parcel or parcels rather than a zone, district or designated area of the city:

(i) Parcel identification number and address of the parcel or parcels;

(ii) Mailing labels of all property owners within 300 feet of the parcel or parcels;

(iii) A legal description of the subject property; and

(iv) Vicinity map;

(f) A completed environmental checklist; and

(g) Other relevant information regarding the proposal.

(3) Fees. As may be established by resolution of the city council.

(a) Any factual findings pertaining to the amendment.

(b) Any comments from city departments or other agencies with jurisdiction.

(d) The staff’s recommendation.

(5) Public Hearing by Planning Commission. The planning commission shall hold a public hearing prior to the recommendation for adoption or amendment of any comprehensive plan amendment to the city council. See GFMC 19.04B.405 through 19.04B.460 for hearing procedures and rules.

(6) Adoption by City Council. Amendments to the comprehensive plan shall be adopted by the city council by ordinance after a public hearing on the planning commission’s recommendation.

(D) Docket Process. The comprehensive plan shall be amended no more frequently than annually, except that subarea plans may be adopted as amendments at any time. Amendment proposals shall be processed as follows:

(1) The city shall advertise the comprehensive plan amendment docketing process on September 1st, inviting the public to propose amendments by October 31st. The notice shall also state that the city council shall decide which proposed amendments will be carried forward during the current cycle.

(2) At the close of the proposal period, the submittals shall be reviewed by the planning commission and the proposals recommended for further processing sent to the city council. This list will include proposals submitted by city departments, boards and commissions and other agencies as well as private parties.

(3) The city council shall adopt a resolution directing the designated official to proceed with the selected amendments for the current cycle. Proposed amendments that are eliminated from further consideration may be resubmitted in the next cycle. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.040 Comprehensive plan.

(A) Comprehensive Plan Adopted.

(1) Official Document. The Granite Falls comprehensive plan as amended, including land use designation maps, is approved in its entirety as the official land use classification and development guidance document for the city.

(2) Copy Available for Inspection. The adopted Granite Falls comprehensive plan as amended shall be filed with the city clerk and shall be available for public inspection upon its effective date.

(3) Filed with State. The city clerk shall transmit a copy of the comprehensive plan as adopted to the State Department of Community Trade and Economic Development within 10 days of the effective date of its adoption, and to such other offices and agencies as may be required by law.

(4) Compliance with Plan – Revisions. The planning commission shall be responsible for recommending amendments to the city development regulations to be consistent with the Granite Falls comprehensive plan.

(5) City Planning Boundary. The Granite Falls urban growth area designated in the 2015 and subsequent amendments to the Granite Falls comprehensive plan as approved shall serve as the city’s planning boundary until such time as it is amended by the city council. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.045 Developer agreements.

(A) The following provisions may be used to set forth binding agreements between the city and project proponents to bind them to specific project requirements:

(1) The city may consider, and enter into, a development agreement related to a project permit application with a person having ownership or control of real property within the city limits. The city may consider a development agreement for real property outside of the city limits but within the urban growth area (UGA) as part of a proposed annexation or a service agreement.

(2) A development agreement shall be consistent with the applicable policies and goals of the Granite Falls comprehensive plan and applicable development regulations.

(B) General Provisions.

(1) As applicable, the development agreement shall specify the following:

(a) Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities or building sizes;

(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

(d) Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features;

(e) Provisions for affordable housing, if applicable;

(f) Parks and common open space dedication and/or preservation;

(g) Phasing;

(h) A build out or vesting period for applicable standards; and

(i) Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard.

(2) As provided in RCW 36.70B.170, the development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

(C) Enforceability. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build out period specified in the agreement. The agreement may not be subject to an amendment to a zoning ordinance or development standard or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. The permit approval issued by the city after the execution of the agreement must be consistent with the development agreement.

(D) Approval Procedure. A development agreement shall be processed in accordance with the procedures established in this UDC. A development agreement shall be approved by resolution or ordinance of the city council after a public hearing, based on the hearing examiner’s recommendation.

(E) Form of Agreement – Council Approval – Recording.

(1) Form. All development agreements shall be in a form provided by the city attorney’s office. The city attorney shall approve all development agreements for form prior to consideration by the planning commission.

(2) Term. Development agreements may be approved for a maximum period of five years.

(3) Recording. A development agreement shall be recorded against the real property records of the Snohomish County assessor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including any area that is annexed to the city. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.050 Annexations.

(A) General Requirements. Annexations will be considered and processed according to the applicable state regulations (RCW 35A.14.420 through 35A.14.450).

(B) Concurrent Adoption of Appropriate Land Use Designation and Zone Upon Annexation. All annexations shall be enacted with the land use designation in the comprehensive plan future land use map and the corresponding zoning designation. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.055 Variances.

(A) Purpose. The purpose of this section is to provide a means of altering the requirements of this UDC in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties within the identical regulatory zone because of special features or constraints unique to the property involved.

(B) Granting of Variances. The city shall have the authority to grant a variance from the provisions of this UDC when, in the judgment of the hearing examiner, the conditions as set forth in subsection (C) of this section have been found to exist. In such cases a variance may be granted which is in harmony with the general purpose and intent of this UDC so that the spirit of this UDC shall be observed, public safety and welfare secured, and substantial justice done.

(1) That there are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to the other property or class of use in the same vicinity and zone;

(2) That such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question;

(3) That the granting of such variance will not be materially detrimental to the public health, safety, and welfare or injurious to the property or improvement in such vicinity and zone in which the subject property is located;

(4) The need for the variance is not the result of deliberate actions of the applicant or property owner;

(5) The variance does not relieve an applicant from any of the procedural provisions of the UDC;

(6) The variance does not relieve an applicant from any standard or provision that specifically states that no variance from such standard or provision is permitted;

(7) The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;

(8) The variance does not allow the creation of lots or densities that exceed the base residential density for the zone;

(9) The variance is the minimum necessary to grant relief to the applicant;

(10) The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities; and

(11) That the granting of such variance will not adversely affect the comprehensive plan.

(D) Conditions of Variances. When granting a variance, the hearing examiner shall determine that the circumstances do exist as required by subsection (C) of this section, and attach specific conditions to the variance which will serve to accomplish the standards, criteria, and policies established by this UDC.

(E) Application. Submittal of an application for a variance shall include:

(1) A completed application form;

(2) A site plan showing all information relevant to the request including but not limited to: location of existing and proposed structures, roads, property lines, parking areas, landscaping and buffers;

(3) Mailing labels of all property owners within 300 feet of the project site;

(4) A written statement addressing the decision criteria and any other information required by the city at the preapplication meeting. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.060 Temporary uses/temporary housing units.

(A) Purpose. The purpose of this section is to establish allowed temporary uses and structures, and provide standards and conditions for regulating such uses and structures.

(B) Standards.

(1) Temporary Construction Buildings. Temporary structure for the storage 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, and shall be abated within 30 days after completion of the project or 30 days after cessation of work or for a period not to exceed the duration of the building permit, whichever is greater.

(2) Temporary Construction Signs. Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress, but not to exceed a six-month period; provided, that at any time the removal is required for a public purpose, said signs shall be removed at no expense to the city or other public agency.

(3) Temporary Real Estate Office. One temporary real estate sales office may be located on any new subdivision in any zone, provided the activities of such office shall pertain only to the selling of lots within the subdivision upon which the office is located; and provided further, that 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 map of the subdivision upon which such office is located or at the time specified by the city council.

(4) Construction Temporary Housing Unit. A “construction temporary housing unit” is a recreational vehicle, single-wide mobile home or manufactured home that may be placed on a lot or tract of land in any zone for occupancy during the period of time necessary to construct a permanent dwelling on the same lot or tract, provided:

(a) The unit is removed from the site within 30 days after final inspection of the project, or within one year from the date the unit is first moved to the site, whichever may occur sooner.

(b) The mobility gear is not removed from the unit and the unit is not permanently affixed to the site on which it is located.

(d) A temporary permit is issued by the building department prior to occupancy of the unit on the construction site.

(5) Public Facility Temporary Housing Unit. A “public facility temporary housing unit” is a single-wide mobile home or manufactured home to be used at public schools, fire stations, and parks for the purpose of providing on-site security, surveillance, and improved service at public facilities, provided:

(a) The public facility requesting the housing unit shall submit to the city an affidavit showing need for the unit.

(b) The mobility gear is not removed from the unit and the unit is not permanently affixed to the site where it is located.

(d) Prior to the issuance of a temporary permit, the site shall be reviewed by the Snohomish County health department to determine additional requirements for water supply and/or septic waste disposal or adequacy of existing utilities.

(e) In the event the site contains trees or other natural vegetation of a type and quantity to make it possible to partially or totally provide screening on one or more sides of the security unit, the city may require the unit be located so as to take advantage of the natural growing material available to screen said unit from adjacent properties.

(f) The temporary building permit shall be valid until a permanent facility is incorporated into the public use, or the need for the temporary housing unit no longer exists; at such time, the temporary unit shall be removed.

(g) The building permit shall be renewed annually, subject to the continued justification of conditions.

(6) Emergency Temporary Housing Unit. An “emergency temporary housing unit” is a recreational vehicle, single-wide mobile home or manufactured home which may be placed on a lot or tract of land in any zone for occupancy during the period of time necessary to house persons or families whose permanent home has been destroyed or damaged by a disaster until replacement housing has been located or constructed.

(7) Emergency Temporary Housing Permitted. Emergency temporary housing units are permitted in all zones as follows:

(a) Permit. An emergency temporary housing permit for a temporary housing unit may be issued by the city if the applicant can satisfy the criteria set forth in the definition of temporary housing.

(b) Minimum Standards. The following are the minimum standards applicable to temporary housing units. Applications for a reduction of these standards may only be granted by the planning commission or hearing examiner through the variance procedures set forth in GFMC 19.04C.055.

(i) A temporary housing unit shall be used and occupied solely in accordance with the provisions set forth in this subsection (B)(7).

(ii) The mobility and towing gear of the mobile home shall not be removed and the temporary housing unit shall not be permanently affixed to the land, except for temporary connections to utilities necessary to service the temporary unit. In the event the health department requires the installation of separate water supply and/or sewerage disposal systems, said requirements shall not at a later time constitute grounds for the continuance or permanent location of a temporary housing unit beyond the length of time authorized in the permit or renewal of said permit.

(iii) The temporary housing unit shall not be located in any required yard or open space required by this UDC, nor shall the unit be located closer than 20 feet nor more than 100 feet from the principal dwelling on the same lot.

(iv) In the event the site contains trees or other natural vegetation of a type and quantity to make it possible to partially or totally provide screening on one or more sides of the temporary housing unit, the city may require the temporary housing unit to be located so as to take advantage of the natural growing material available on the site to screen said unit from adjacent property.

(v) Prior to the issuance of a temporary housing permit, the city shall review the application and may require the installation of such fire protection/detection equipment as may be deemed necessary as a condition to the issuance of the temporary housing permit.

(c) Renewals. Temporary housing permits shall be valid for one year; provided, that annual renewals may be obtained upon confirmation by affidavit from the applicant that the requirements specified herein are satisfied. Application for renewals must be made 60 days before the expiration of the current permit. Renewals of said permits shall be automatically granted if the applicant is in compliance with the provisions herein and no notice of such renewal is required. The temporary housing unit shall be removed from the lot or tract of land not more than 30 days from the date the temporary permit expires or occupancy ceases.

(d) Grandfather Clause. Permitted temporary housing units pursuant to prior regulations may continue to exist upon the same standards and criteria as said permit was issued and all renewals shall be based on the same criteria that the initial permit was granted. Upon the termination of occupancy any time during the life of the permit, the temporary housing unit permit shall terminate and the mobile home must be removed within 30 days. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.065 Home occupations.

(A) Purpose. The purpose of this section is to provide standards which allow a resident of a single-family dwelling to operate a limited activity from their principal residence or permitted accessory structure while achieving the goals of retaining residential character, maintaining property values and preserving environmental quality.

(B) Applicability. Home occupations are only permitted in the R-2.3, R-9,600, R-7,200, MR, and DT-2,500 zones.

(1) Home-based day care provisions are stated in GFMC 19.06.080.

(2) Temporary lodging facilities (lodging house), including bed and breakfast inns and boarding/rooming homes, are exempt from the regulations of this section.

(D) Performance Standards.

(1) Intent. It is the intent of this subsection to provide performance standards for home occupation activities, not to create a specific list of every type of possible home-based business activity. The following performance standards prescribe the conditions under which home occupation activities may be conducted when incidental to a residential use. Activities which exceed these performance standards should refer to this section to determine the appropriate commercial, industrial, civic, or office use category which applies to the activity.

(2) General Provisions. The following general provisions shall apply to all home occupation activities:

(a) The activity is clearly incidental and secondary to the use of the property for residential purposes and shall not change the residential character of the dwelling or neighborhood;

(b) External alteration inconsistent with the residential character of the structure is prohibited;

(c) Use of hazardous materials or equipment must comply with the requirements of the International Building Code and the International Fire Code;

(d) The activity does not create noticeable glare, noise, odor, vibration, smoke, dust or heat at or beyond the property lines;

(e) Use of electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or fluctuations in line voltage at or beyond the property line is prohibited;

(f) Manufacturing shall be limited to the small-scale assembly of already manufactured parts, but does not preclude production of small, individually handcrafted items, furniture or other wood items as long as the activity meets the other standards of this chapter;

(g) Customers/clients are prohibited on the premises prior to 6:30 a.m. and after 7:30 p.m.;

(h) Sales in connection with the activity are limited to merchandise handcrafted on site or items accessory to a service (e.g., hair care products for beauty salon);

(i) In addition to the single-family parking requirements, off-street parking associated with the activity shall include one additional space in accordance with standards set forth in GFMC 19.06.050(A)(3)(a);

(j) Only the resident can perform the activity; nonresident employees are prohibited;

(k) The activity shall be limited to an area less than 500 square feet or a size equivalent to 50 percent of total floor area of the living space within the residence, whichever is less;

(l) One vehicle, up to 10,000 pounds gross vehicle weight, is permitted in connection with the activity;

(m) The activity shall be performed completely inside the residence, an accessory structure or a combination of the two;

(n) There shall be no outside display or storage of materials, merchandise, or equipment;

(o) Approval. A home occupation permit is a Type I permit subject to administrative approval by the city’s designated official. See Table 2, GFMC 19.04A.210(D). [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.070 Rezones – Official zoning map amendments.

(A) The purpose of this section is to set forth criteria for amendments to the official zoning map, adopted pursuant to GFMC 19.03.020.

(B) Types of Rezones and Map Amendments. Rezones are either site-specific or area-wide. Map amendments are considered major if they rezone five or more tracts of land in separate ownership or any parcel of land, regardless of the number of lots or owners, in excess of 50 acres. All other map amendments are minor.

(1) Site-specific rezones are rezones of a particular property(ies) which conform to the comprehensive plan or an adopted subarea plan.

(2) Area-wide rezones are rezones which require a comprehensive plan amendment, include a large area, or the adoption of a new or substantially revised neighborhood or area-wide zoning map amendment.

(C) Procedure. A site-specific rezone shall be reviewed in the manner and following the procedures established in Chapters 19.04A and 19.04B GFMC for a Type IV review and require a concurrent amendment to the comprehensive plan. An area-wide rezone shall be reviewed in the manner and following the procedures for a Type IV review and require a concurrent amendment to the comprehensive plan.

(D) Initiation of Amendments.

(1) Amendments to the official zoning map may be initiated by the city council, the planning commission, or the city administration.

(2) Any other person may also petition the designated official to amend the official zoning map. The petition shall be filed with the city clerk and shall include:

(a) The name, address, and phone number of the applicant;

(b) A description of all land proposed to be rezoned including a map highlighting the specific parcels; and

(E) Upon receipt of a petition, the designated official will determine if the proposed zoning map amendments meet the decision criteria in subsection (G) of this section and shall either:

(1) Refer the proposed amendment to the planning commission for a site-specific rezone for a recommendation to council; or

(2) Refer the proposed amendment to the planning commission for an areawide rezone for a recommendation to council.

(F) Special Application Requirements for Site-Specific Rezones.

(1) No application shall be filed or accepted for filing which on its face will not comply with the Granite Falls comprehensive plan or an adopted subarea plan.

(2) No application without signatures of owners representing 75 percent of the area proposed for rezone shall be filed or accepted for filing.

(G) Decision Criteria. The following factors are to be taken into account by the planning commission and the city council when considering a map amendment:

(1) The amendment complies with the comprehensive plan land use map, policies, and provisions and adopted subarea plans;

(2) The amendment is in compliance with the Growth Management Act;

(3) The amendment serves to advance the public health, safety and welfare;

(4) The amendment is warranted because of changed circumstances, a mistake, or because of a need for additional property in the proposed zoning district;

(5) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning district;

(6) The amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property;

(7) Adequate public facilities and services are likely to be available to serve the development allowed by the proposed zone;

(8) The probable adverse environmental impacts of the types of development allowed by the proposed zone can be mitigated, taking into account all applicable regulations, or the unmitigated impacts are acceptable;

(9) The amendment complies with all other applicable criteria and standards in this title; and

(10) If the proposal is located within an adopted subarea plan:

(a) The rezone is to a zoning designation allowed within the applicable subarea; and

(b) The rezone does not increase the established intensities adopted as part of the planned action ordinance or mitigates increased or additional impacts by supplementing, amending or addending the applicable planned action draft and final environmental impact statement.

(H) Approval. All amendments shall be approved by ordinance by the Granite Falls city council.

(I) Withdrawal. Any application for a site-specific rezone may be withdrawn upon the written request of any one of the property owners who signed the application, if the remaining owners do not own 75 percent of the area.

(J) Reapplication After Denial Without Prejudice. After the council’s final action denying a rezone, no further rezone action involving substantially the same property shall be requested for at least one year. If the council finds that extraordinary circumstances exist, or that the request might deserve approval in the near future, but not at the present time, then the rezone may be denied without prejudice. In such a case, if the rezone request is reactivated in writing by the applicant within six months, and is reheard within nine months of the date of the original action, then the original case file and number shall be used and the rezone fee shall be waived.

(K) Review or Revocation of Approval. Rezones and any concurrent or subsequent approvals issued pursuant to this chapter may be reviewed or revoked in accordance with GFMC 19.04A.255. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.075 Site plan review.

(A) The intent of this section is to establish procedures for reviewing site plans submitted as part of permit applications. All proposals for new multifamily residential, mixed use, commercial, or industrial development shall be subject to site plan application and review. Binding site plans are reviewed under GFMC 19.05.100. The purpose of the site plan review process is to determine compliance with the city’s applicable development regulations and comprehensive plan provisions and to ensure the following have been achieved:

(1) To coordinate the proposal, as is reasonable and appropriate, with other known or anticipated development on private properties in the area and with known or anticipated right-of-way and other public projects within the area;

(2) To encourage proposals that embody good design principles that will result in high quality development on the subject property;

(3) To determine whether the streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and

(4) To review the proposed access to the subject property to determine that it is the optimal location and configuration for access.

(B) Scope. The review and approval of site plans shall be made as a part of the application approval process unless otherwise provided in this chapter. Site plan review and approval are required for all multiple-family, commercial, industrial, utility, shoreline development, public-initiated land use proposals, the expansion and exterior remodeling of structures, parking, and landscaping, and as otherwise specified in this title.

(C) Procedures. A site plan shall be submitted as part of all permit and project approval applications with the information required in subsection (D) of this section. Additional information may be required to conduct an adequate review. Each site plan application shall be reviewed as a Type II review pursuant to Chapter 19.04B GFMC.

(D) Site Plan Application. The application shall meet the submittal requirements established by GFMC 19.04A.220(E) and shall include the following:

(1) The building envelope of all structures and the location of all on-site recreation open space areas, buffers, points of egress, ingress, and internal circulation, pedestrian facilities and parking;

(2) Existing and proposed topography at contour intervals of five or less feet;

(3) Name, address, and phone number of the owner and plan preparer(s);

(4) Adjacent properties, zoning and existing uses;

(5) Location of existing and proposed utilities (e.g., water, sewer, electricity, gas, septic tanks and drain fields) (all utilities to be shown underground);

(6) Location of nearest fire hydrant, if the subject property is served or will be served by a water purveyor;

(7) Calculations showing acreage of the site, number of dwelling units proposed, zoning, site density, and on-site recreation open space acreage;

(8) Scale and north arrow;

(9) Vicinity sketch (drawn to approximately one inch equals 2,000 feet scale) showing sufficient area and detail to clearly locate the project in relation to arterial streets, natural features, landmarks and municipal boundaries;

(10) Location of public and private rights-of-way;

(11) All critical areas, including size, location, type, proposed buffers and setbacks (if critical areas exist and a critical areas study is required);

(12) Natural and manmade drainage courses (e.g., ditches, streams, etc.) and probable alterations which will be necessary to handle the expected drainage from the proposal;

(13) Source, composition and approximate volume of fill materials;

(14) Composition and approximate volume of any extracted materials and proposed disposal areas; and

(15) Typical cross-section sheet showing existing ground and building elevations, proposed ground and building elevations, and the height of existing and proposed structures.

(E) Application Approval.

(1) The approval authority shall approve, approve with conditions, or disapprove the application. The approval authority may grant final approval subject to any conditions it feels necessary to protect and promote the health, safety and general welfare of the community.

(2) Such conditions may include, but are not limited to, the following: the requirement of easements, covenants, and dedications; fees-in-lieu-of; the installation, maintenance and bonding of improvements such as streets, landscaping, sewer, water, storm drainage, underground wiring, sidewalks, trails; and the recording requirements of the Snohomish County auditor.

(3) Site plan approval shall expire as set forth in GFMC 19.04A.250.

(F) Site Plan Review Criteria – Consistency. Site plans shall be consistent with the applicable regulations and comprehensive plan provisions.

(G) Limitations on Site Plan Review. Site plans shall be reviewed to identify specific project design and conditions relating to the character of development, such as the details of curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.080 Official site plan.

(A) Purpose.

(1) Specify the criteria used by the city of Granite Falls to review and approve official site plans.

(2) To provide a method for logical and sequential review of projects not subject to subdivision regulations.

(B) Applicability. The official site plan process shall be used for the review of:

(1) Planned residential developments (PRDs);

(2) Residential condominiums;

(3) Manufactured or mobile home parks.

(Note: Provisions for a binding site plan (BSP) used for land division can be found in GFMC 19.05.100.)

(C) Application Submittal. Each application for official site plan approval shall contain five copies of all complete application forms, plans and reports. A complete application must include:

(1) Fees. The applicant shall pay the required fees as set forth in the city’s fee resolutions when submitting an official site plan.

(2) Application form.

(3) Title report (dated within the last 60 days).

(4) Vicinity map of the area where the site is located.

(5) Environmental checklist.

(6) Landscape plan.

(7) A preliminary site plan on 22-inch by 34-inch paper drawn to a scale of 50 or 100 feet to one inch, stamped and signed by a registered engineer, architect or land surveyor illustrating the proposed development of the property and including, but not limited to, the following:

(a) Name or title of the proposed official site plan.

(b) Date, scale and north arrow.

(d) Total acreage.

(e) Property legal description.

(f) Existing zoning.

(g) Location and dimensions of all existing and proposed:

(i) Buildings, including height in stories and feet and including total square feet of ground area coverage.

(ii) Parking stalls, access aisles, and total area of lot coverage of all parking areas.

(iii) Off-street loading area(s).

(iv) Driveways and entrances.

(h) Proposed building setbacks in feet.

(i) Location of any regulated sensitive areas such as wetlands, steep slopes, wildlife habitat or floodplain and required buffers.

(j) Location and height of fences, walls (including retaining walls), and the type or kind of building materials or planting proposed to be used.

(k) Location of any proposed monument signs.

(l) Proposed surface stormwater drainage treatment.

(m) Location of all easements and uses indicated.

(n) Location of existing and proposed utility service.

(o) Existing and proposed grades shown in five-foot interval topographic contour lines.

(p) Fire hydrant location(s).

(q) Building architect elevations showing north, south, east and west views.

(8) Any other information as required by the city shall be furnished, including, but not limited to, traffic studies, wetland reports, elevations, profiles, and perspectives, to determine that the application is in compliance with this code.

(9) Applicants shall provide the city with one digital copy of the proposed official site plan data and associated documents on a CD in a CAD program compatible with AutoCAD or ArcView.

(D) Type of Approval. An official site plan is reviewed as a Type III process and approved or denied by the hearing examiner based on a recommendation from the designated official following a public hearing.

(E) Criteria for Approval.

(1) Standards for Review of an Official Site Plan. The hearing examiner shall review the proposed official site plan to determine whether it meets the following criteria:

(a) Conformance with the comprehensive plan.

(b) Conformance with all applicable performance standards and zoning regulations.

(c) Design sensitivity to the topography, drainage, vegetation, soils and any other relevant physical elements of the site.

(d) Availability of public services and utilities.

(e) Conformance with SEPA requirements.

(2) Condominium Standards. Development of condominiums including residential units or structures shall meet either of the standards set out in subsection (E)(2)(a) or (E)(2)(b) of this section:

(a) All lots and developments shall meet the minimum requirements of this code. Phase or lot lines shall be used as lot lines for setback purposes under the zoning code.

(b) Condominiums may be developed in phases where ownership of the property is unitary, but some structures are to be completed at different times or with different lenders financing separate structures or areas of the property. The following conditions shall apply to phased condominiums:

(i) By a joint obligation to maintain any and all access ways. The city shall have no obligation to maintain such access ways.

(ii) The city shall require easements for access to the property to allow for emergency services and utility inspections as defined in the development agreement.

(iii) Reciprocal easements for parking shall be provided to all tenants and owners.

(iv) The applicant must submit an official site plan schedule for completion of all phases.

(v) Phase lines must be treated as lot lines for setback purposes under the zoning code unless the property owner will place a covenant on the official site plan that the setback areas for built phases, contained in all unbuilt phases, shall become common areas and owned by the owners of existing units in the built portions of the condominium upon the expiration of the completion schedule.

(vi) All public improvements shall be guaranteed by bond or other security satisfactory to the city.

(vii) All built phases in a condominium official site plan shall have joint and several obligations to maintain landscaping through covenants or easements or both to assure that the responsibility is shared among the various owners.

(F) Official Site Plan Components.

(1) An official site plan shall include a record of survey and development agreement.

(2) The development agreement shall incorporate the conditions of approval for the official site plan.

(G) Recording Requirements.

(1) When the proposed official site plan receives final approval, the applicant shall record the official site plan and development agreement, if required, with the Snohomish County auditor.

(2) The applicant shall furnish the city with three copies and a digital copy of the recorded official site plan within five working days of recording, and the Snohomish County assessor shall be furnished one paper copy.

(H) Development Requirements.

(1) Said lots shall not be sold or transferred unless the official site plan and a record of survey map, which is prepared in compliance with Chapter 58.09 RCW and which includes a legal description of each lot being created, is approved by the city, and filed for record in the Snohomish County auditor’s office.

(2) The official site plan and all its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot, parcel, or tract.

(3) All development must be in conformance with the recorded official site plan. Any development use or density which fails to substantially conform to the site plan as approved constitutes a violation of this chapter.

(I) Amendment, Modification and Vacation.

(1) Amendment, modification and vacation of an official site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new official site plan application, as set forth in this chapter.

(2) The vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short division. [Ord. 1020 § 1 (Att. A), 2022.]

19.04C.090 Administrative authority.

(A) Purpose. The intent of this section is to allow the designated official certain defined flexibility and discretionary authority to consider minor alterations to zoning code regulations including dimensional, parking, fencing, and landscape related to sites and/or situations with unique characteristics when the proposed modification provides an equivalent or superior standard to the intended dimensional regulation or design standard.

(B) Minor Alterations. The designated official or designee may authorize de minimis alterations to development regulations if the change is deemed inconsequential to the outcome of the request in relation to the entire project. Any applicant requesting consideration of a de minimis alteration shall demonstrate, at a minimum, how the request complies with the following criteria:

(1) The alteration promotes creativity in site layout and design that employs special features not otherwise possible under conventional development regulations;

(2) The alteration will not visually alter the character of the site or neighborhood; and

(3) The alteration will not be detrimental to surrounding properties in the immediate vicinity.

(C) Administrative Deviation. The designated official or designee may authorize administrative deviations to development regulations up to 20 percent of a quantifiable development standard when situations arise where alternatives to the standards may better accommodate existing conditions, address unique circumstances or allow for more cost-effective solutions without adversely affecting safety, aesthetics, or altering the character of the neighborhood or site. Applications for administrative deviations shall follow the procedures for a Type I review pursuant to Chapter 19.04B GFMC, Article I. Any applicant requesting consideration of a deviation shall demonstrate, at a minimum, how the request complies with the following criteria:

(1) The deviation will achieve the intended result of the standards with a comparable or superior design and quality of improvement;

(2) The deviation will not adversely affect public safety or the environment;

(3) The deviation will not adversely affect the aesthetic appearance of the project; and

(4) The alteration will not be detrimental to surrounding properties in the immediate vicinity.

(D) Administrative Variance. The designated official or designee may authorize administrative variances of development regulations up to 20 percent of a quantifiable development standard where practical difficulty renders compliance with the provisions of this title an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of this title and of the comprehensive plan can be fulfilled. Applications for an administrative variance shall follow the procedures for a Type II review pursuant to Chapter 19.04B GFMC, Article II, following public notice. Any applicant requesting consideration of an administrative variance shall demonstrate, at a minimum, how the request complies with the following criteria:

(1) The requested use is permitted in the zone in which the property is located;

(2) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property that do not apply generally to other properties in the vicinity or same zoning district;

(3) The intent of the standard from which an administrative variance is requested is reasonably maintained;

(4) The granting of an administrative variance will not constitute a grant of special privileges or pose significant hazards or otherwise be detrimental to the surrounding properties;

(5) The administrative variance does not detract from the desired character and nature of the vicinity in which it is proposed; and

(6) The hardship is not the result of the applicant’s or recent prior owner’s own actions.

(E) Limitation on Authority. The designated official or designee will consider all applicable provisions of the zoning code when reviewing any of the modifications described in subsections (B) through (D) of this section, including nonconforming codes. The designated official or designee may not grant an alteration, deviation or variance to:

(1) Allowed uses in the applicable zoning district;

(2) Procedural or administrative provisions;

(3) Increases in the residential density for the applicable zoning district;

(4) Alterations to critical areas pursuant to GFMC 19.07.020 except for required buffer widths and building setbacks when the modification includes a mitigation plan meeting the requirements of GFMC 19.07.020;

(5) Any standard that is inconsistent with the comprehensive plan. [Ord. 1020 § 1 (Att. A), 2022.]