Chapter 14.16C LAND USE ACTIONS, PERMITS AND DETERMINATIONS

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 polices for the area; and

(f) Providing criteria which emphasize protection of the general character of neighborhoods. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.010 Scope.

This chapter describes the decision criteria and standards for land use actions and permits, except for the actions and permits below, which will be reviewed pursuant to the referenced code sections:

(a) Binding Site Plans (Chapter 14.18, Part II);

(b) Boundary Line Adjustments (Section 14.18.070);

(d) Design Review (Section 14.16C.050);

(e) EDDS Street Deviations (Section 14.56.135);

(f) Events (Section 14.44.050);

(g) Final Plats (Section 14.18.035);

(h) Master Sign Program (Chapter 14.88);

(i) Plat Alterations (Section 14.18.060);

(j) Plat Vacations (Section 14.18.065);

(k) Preliminary Plats (Section 14.18.025);

(l) Right-of-Way Improvement Exceptions (Chapter 14.56);

(m) SEPA Review (Title 16);

(n) Short Plats (Chapter 14.18);

(o) Signs (Chapter 14.88); and

(p) Underground Utility Deviations (Chapter 14.60). (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.015 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 14.16B for a Type II permit process, which requires public notice including a statement that a hearing can be called for.

(1) The Planning Director 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 Planning Director may impose conditions to ensure the approval criteria are met. The Planning Director 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) Optional Hearing.

(1) When the Planning Director determines that a public hearing is necessary because of the nature of the application, the Hearing Examiner shall hold the hearing and take final action on the application pursuant to a Type III permit process pursuant to Chapter 14.16B.

(2) If a person requests a public hearing within 14 days of the issuance of the notice of application, a hearing shall be conducted, and the decision shall be made by the Hearing Examiner.

(e) Revision of Administrative Conditional Use Permits. Revisions of previous permit approvals are allowed pursuant to Section 14.16C.025, Administrative Modifications.

(f) Vacation of Administrative Conditional Use Permit. A landowner request for vacation of an administrative conditional use permit shall be conducted in accordance with Section 14.16A.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.

(g) Review or Revocation of Permit. The Planning Director shall have jurisdiction to review and modify or revoke all administrative conditional uses. Any review or revocation proceeding shall be conducted in accordance with Section 14.16A.255.

(h) 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. 811, Sec. 4 (Exh. 3), 2010)

14.16C.020 Administrative Design Review.

Repealed by Ord. 1968. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.025 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 14.18.

(b) Procedure. Applications that seek administrative modification that meet the criteria below shall follow the procedures established in Chapter 14.16B for a Type I permit process.

(1) The Planning Director 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:

(i) No new land use is proposed;

(ii) No increase in density, number of dwelling units or lots is proposed;

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

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

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

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

(vii) 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)(vi) of this section. (Ord. 1068, Sec. 2 (Exh. B), 2019; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.030 Changes 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 14.16B.

(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 Planning Director. This occurs whenever:

(1) If the original use is a combination use or planned neighborhood development, the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned neighborhood 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 or planned neighborhood development 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 a planned 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. 811, Sec. 4 (Exh. 3), 2010)

14.16C.035 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) Applicability. This chapter applies to written interpretations of this title. This chapter does not apply to:

(1) Interpretations relating to the Fire Code, Chapter 14.84, which are made by the

Fire Marshal pursuant to Section 104.1 of the International Fire Code; and

(2) Interpretations relating to the construction codes, Chapter 14.80, which are made by the Building Official or Fire Marshal pursuant to Section 104.1 of the International Building Code.

(c) Request for Code Interpretation. Any person may submit a written request for a code interpretation to the Planning Director, or the Director may issue a code interpretation on the Director’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.

(d) Interpretation Procedure.

(1) The Planning Director 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 Director 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.

(e) 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.

(f) Code Interpretation - Decision of the Director.

(1) Only one interpretation per issue shall be rendered by the Planning Director. In the event an interpretation is requested on an issue previously addressed, the Planning Director 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.

(g) 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.

(h) A copy of all issued interpretations shall be on file at the Department of Planning and Community Development. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.040 Comprehensive Plan Amendments - Text and Maps.

(a) Amendments to the City of Lake Stevens Comprehensive Plan include amendments, additions and deletions to the text, maps, or charts and do not include amendments to the Zoning Map as set forth in Section 14.16C.090.

(b) Procedure. Comprehensive Plan amendments shall follow the procedures established in Chapter 14.16B for a Type VI permit process and appropriate State statutes including RCW 36.70A.130.

(c) Amendment Criteria. All amendments to the Comprehensive Plan processed under this section shall be in conformance with the Lake Stevens vision, consistency requirements, and revisions and amendments sections of Chapter 1 of the Comprehensive Plan.

(d) Exemptions. Changes in the organization, format, appearance, illustrations, examples or other nonmaterial changes to the Comprehensive Plan may be made by the Department of Planning and Community Development and are exempt from this section.

(e) Approval by Ordinance. All amendments shall be approved by ordinance of the City Council. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.045 Conditional Uses.

(a) A conditional use permit is a mechanism by which the City may place special conditions on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same zone and in the vicinity of the subject property.

(b) Procedure. Conditional uses shall follow the procedures established in Chapter 14.16B for a Type III permit process with the addition of a required scoping meeting. A project may be developed in phases, if more than five years have lapsed since final approval of the project; provided, that uncompleted divisions shall be subject to the standards adopted at the start of subsequent phases.

(1) The Hearing Examiner may approve, approve with conditions, or deny a conditional use permit.

(2) When an application is submitted together with another permit application requiring a decision by the Hearing Examiner, the conditional use permit shall be processed concurrently with the other application.

(c) Scoping Meeting. The purpose of scoping meetings is to involve the public early in the permit process, so that potential issues are raised at the beginning, rather than the end. Meetings shall be held pursuant to Section 14.16A.260.

(1) Scoping meetings shall generally be held in the evenings.

(2) The meeting shall be informal, at which a brief presentation of the project shall be made by the applicant. The Planning Director will explain the review process and opportunity for citizen involvement, after which any participant may raise any potential issues of concern to them. Solutions to any potential problems need not be found at this point but may be discussed. The Department shall take notes of the issues raised in the scoping meeting and place a record of them in the official file of the project.

(3) Participation or lack of participation in a scoping meeting in no way limits the standing of an applicant, the City, or any other person to participate in later processes or required hearings on the permit application.

(d) Decision Criteria.

(1) The Hearing Examiner may grant approval for a conditional use when all the following criteria are met:

(i) The proposal is consistent with the Comprehensive Plan;

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

(iii) The conditional use is designed in a manner which is compatible with and responds to the existing or intended character, appearance, quality of development, and physical characteristics of the subject property and immediate vicinity;

(iv) The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

(v) The type of use, hours of operation, and appropriateness of the use in relation to adjacent uses will not create unusual hazards or characteristics of the use that would have adverse impacts;

(vi) The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;

(vii) Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;

(viii) The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

(ix) The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area, or conditions can be established to mitigate adverse impacts on such facilities.

(2) As a condition of approval, the Hearing Examiner may:

(i) Increase requirements in the standards, criteria, or policies established by this title;

(ii) Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides, or traffic;

(iii) Require structural features or equipment essential to serve the same purpose set forth in subsection (d)(1) of this section;

(iv) Impose conditions similar to those set forth in subsection (d)(1) of this section as may be deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters. The Hearing Examiner may not, in connection with action on a conditional use permit, reduce the requirements specified by this title as pertaining to any use nor otherwise reduce the requirements of this title in matters for which a variance is the remedy provided;

(v) Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses, within the general area in which the use is proposed to be located;

(vi) Recognize and compensate for variations and degree of technological processes and equipment, as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need;

(vii) Require the posting of construction and maintenance bonds or other security sufficient to secure to the City the estimated cost of construction and/or installation and maintenance of required improvements; and

(viii) Impose any requirement that will protect the public health, safety, and welfare.

(e) Revision of Conditional Use Permits. Revisions of previous permit approvals are permitted as per Section 14.16C.025, Administrative Modifications.

(f) Vacation of Conditional Use Permit. Landowner request for vacation of a conditional use permit shall be conducted in accordance with Section 14.16A.240. Any conditional use permit issued pursuant to this section 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.

(g) Review or Revocation of Permit. The Planning Director shall have jurisdiction to review and modify or revoke all conditional uses in accordance with Section 14.16A.255.

(h) Transfer of Ownership. A 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, whether that is the original applicant or a successor. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.050 Design Review.

(a) Design review is required to review and make urban design decisions that will promote visual quality throughout the City. The purpose of design review includes but is not limited to the following:

(1) To encourage and promote aesthetically pleasing and functional neighborhood and commercial developments for the citizens of Lake Stevens by establishing design review standards and guidelines including site layout, landscaping, parking and preferred architectural features;

(2) To implement the City’s Comprehensive Plan policies and supplement the City’s land use regulations, promote high-quality urban design and development, supplement land use regulation, promote a coordinated development of the unbuilt areas, improve walkability, lessen traffic congestion, provide light and air, prevent the overcrowding of land, and conserve and restore natural beauty and other natural resources;

(3) To encourage originality, flexibility, and innovation in site planning and development, including the architecture, landscaping and graphic design of proposed developments in relation to the City or subarea as a whole;

(4) To encourage low impact development (LID) by conservation and use of existing natural site features in order to integrate small-scale stormwater controls and to prevent measurable harm to natural aquatic systems from commercial, residential or industrial development sites by maintaining a more hydrologically functional landscape;

(5) To encourage green building practices in order to reduce the use of natural resources, create healthier living environments, and minimize the negative impacts of development on local, regional, and global ecosystems;

(6) To encourage creative, attractive and harmonious developments and to promote the orderliness of community growth, the protection and enhancement of property values for the community as a whole and as they relate to each other, the minimization of discordant and unsightly surroundings, the need for harmonious and high quality of design and other environmental and aesthetic considerations which generally enhance rather than detract from community standards and values for the comfort and prosperity of the community and the preservation of its natural beauty and other natural resources which are of proper and necessary concern of local government, and to promote and enhance construction and maintenance practices that will tend to prevent visual impairment and enhance environmental and aesthetic quality for the community as a whole;

(7) To aid in assuring that structures, signs and other improvements are properly related to their sites and the surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention is given to exterior appearances of structures, signs and other improvements;

(8) To protect and enhance the City’s community vision for living and working and thus support and stimulate business and industry and promote the desirability of investment and occupancy in business and other properties;

(9) To stabilize and improve property values to help provide an adequate tax base to the City to enable it to provide required services to its citizens;

(10) To foster civic pride and community spirit by reason of the City’s favorable environment and thus promote and protect the health, safety and welfare of the City and its citizens; and

(11) To ensure compatibility between new and existing developments.

(b) The City Council shall adopt design guidelines or standards by ordinance. If design guidelines appear to conflict with other provisions of this title, the design guidelines shall prevail.

(c) Procedure. Applicants that seek design review shall follow the procedures established in Chapter 14.16B for a Type I permit process and as follows:

(1) Pre-Application Meeting. If design review is required, a pre-application meeting with the City is highly recommended prior to submittal of a formal application.

(2) Design Review Submittal Requirements. One electronic copy is required for each submittal for review.

(i) Buildings and Site Development Plans. The following information and materials shall be submitted to the City for review under this chapter:

a. A completed application.

b. Site plan at an engineering scale from one inch equals 20 feet to one inch equals 50 feet, showing:

1. Location of all proposed structures and any existing structures to be retained or incorporated into the development.

2. Location of building setback lines.

3. Proposed pedestrian and vehicular circulation including driveways, access points, sidewalks and pedestrian pathways.

4. Parking lot layout, design and, if applicable, loading areas.

5. Public improvements including sidewalks, curbs, gutters, etc.

6. Location of existing trees and vegetation to be retained.

c. Building material samples and color chips.

d. Plans and section drawings depicting the relationship of the proposed project to abutting properties and buildings.

e. Building elevations and/or perspective renderings drawn to scale and indicating the exterior color and material composition (including mechanical equipment and screening).

f. Roof plan including the location of mechanical equipment.

g. A lighting plan, if required, adequate to determine the location, character, height and style of fixtures and the amount and impacts of spillover on adjacent properties.

h. A brief narrative description of the design elements or objectives of the proposal and discussion of the project’s relationship to surrounding properties.

(ii) Landscape Plans. The following information and materials shall be submitted to the City for review under this chapter:

a. A completed application.

b. Site plan at an engineering scale from one inch equals 20 feet to one inch equals 50 feet, showing:

1. Location of all proposed structures and any existing structures to be retained or incorporated into the development.

2. Proposed pedestrian and vehicular circulation including driveways, access points, sidewalks and pedestrian pathways.

3. Parking lot layout, design and loading areas if applicable.

4. Public improvements including sidewalks, curbs, gutters, etc.

5. Location and size of existing trees and vegetation to be retained.

6. Plans and section drawings depicting the relationship of the proposed project to abutting properties and buildings.

7. Landscape plan showing the location of proposed plant materials, including a plant schedule identifying plants by common and scientific names, spacing, size at time of planting, size at maturity, location of any existing vegetation and trees to be retained, and special notes.

8. Photographs of proposed plant material.

9. Plans showing proposed grading/topography, drawn to the same scale as the landscape plan.

(iii) Sign Plans. Applicants shall submit conceptual sign plans for design review of a new multi-tenant structure and if off-site signage is proposed. All signs associated with a project undergoing design review are subject to the design guidelines and sign permit regulations in Chapters 14.38 and/or 14.68.

(iv) The Director may require the submission of such other information determined to be appropriate and necessary for a proper review of the requested action.

(3) Public Notice and Optional Public Meeting. A notice of application shall be completed pursuant to Section 14.16B.225 for new structures, as described in subsection (d) of this section. A design review public meeting is not required unless requested by a person within 14 days of issuance of the notice of application. The request for a public meeting shall be made in writing and submitted to the Planning and Community Development Department. The notice of application materials shall include a statement that a public meeting may be requested.

(4) Recommendation. A staff report of findings, conclusions and recommendations shall be forwarded to the Director or designee. The conclusions and recommendations shall indicate how the recommendations carry out the goals, policies, plans and requirements of the development design guidelines. The findings shall be referenced to contested issues of fact, and the conclusions shall be referenced to specific provisions of the development design guidelines and review criteria incorporated therein, together with reasons and precedents relied upon to support the same. The conclusions shall make reference to the effect of the decision upon the Comprehensive Plan, as well as the effect of both approval and denial on property in the vicinity, on business or commercial aspects, if relevant, and on the general public. The decision shall be based upon a consideration of the whole record of the application.

(d) Applicability.

(1) All new commercial, industrial, multifamily, civic and institutional structures, and large public assembly buildings including but not limited to places of worship, auditoriums and similar buildings, must comply with the design guidelines or standards adopted per subsection (b) of this section. Existing structures with exterior facade changes, that are not exempt by subsection (d)(4) of this section, must also comply with the adopted design guidelines to the greatest extent possible.

(2) Structures are subject to the design guidelines or standards adopted per subsection (b) of this section when developed under specified regulations listed below, except when the project meets the limitations in Section 14.16C.020(d):

(i) Planned neighborhood developments (Section 14.16C.080);

(ii) Planned residential developments (Section 14.18.300); and

(iii) Innovative Housing Options Program (Chapter 14.46).

(3) No building or land use permit shall be issued for structures or uses which do not conform to the applicable guidelines or standards, except as allowed under subsection (d)(4) of this section.

(4) A building or land use permit may be issued for a structure without a design review permit, if any one of the following findings can be made by the permit-issuing authority:

(i) The structure is of a temporary nature which, in all likelihood, will be replaced by a permanent structure within a reasonable time frame.

(ii) The structure is minor to the overall use of the property and will not be noticeably visible from a public right-of-way.

(iii) The structure will not be visible from an existing, planned, or proposed public right-of-way.

(iv) The structure is pre-existing with proposed changes to portions of the facade that are not visible from public rights-of-way or are considered minor by the Community Development Director. For example, minor facade changes that do not trigger design review include a change to the facade color scheme, re-siding, re-roofing, replacement of doors and windows of the same size, or similar minor improvements that do not change the form or shape of the building. (Ord. 1179, Sec. 8, 2024; Ord. 1068, Sec. 2 (Exh. B), 2019; Ord. 1027, Sec. 3, 2018; Ord. 903, Sec. 19, 2013; Ord. 876, Sec. 12, 2012; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.055 Development Agreements.

(a) Purpose and Authority.

(1) The purpose of this section is to set forth the decision-making and appeal procedures for development agreement applications. In adopting these provisions, the City acknowledges the benefits, including development or redevelopment, of providing certainty regarding applicable development standards, uses, and/or mitigation for major projects or long-term, phased proposals that take years to complete and that require substantial financial commitments at an early stage. The City may, when appropriate, enhance certainty by entering into a development agreement with a project sponsor that addresses the requirements for review of the development application and construction of the project. A development agreement provides the opportunity for the City and the developer to agree on the scope and timing of the project, applicable regulations and requirements, mitigation requirements and other matters relating to the development process. A development agreement promotes the general welfare by balancing the public and private interests, providing reasonable certainty for a development project, and addressing other matters, including reimbursement over time for the financing of public facilities. Development agreements may provide public benefits, such as affordable housing, pedestrian-oriented communities, mixed use development, and creation of public amenities such as park and open spaces.

(2) This section applies to development agreement applications made pursuant to RCW 36.70B.170 through 36.70B.210 and this chapter. These provisions do not apply to or affect the validity of any contract rezone, concomitant agreement, annexation agreement or other agreement in existence on or before the effective date of the ordinance codified in this chapter, or adopted under separate authority, even though such agreements may also relate to development standards, mitigation, and other regulatory requirements. The City may approve and enter into a development agreement with any person, partnership, corporation or other entity that controls real property.

(b) Real Property Covered. A development agreement may apply to any real property within the City and to any real property within the City’s urban growth area.

(1) This section shall not apply to the review of development agreements for projects to site, construct, operate or expand essential public facilities. For those facilities, the development agreement shall be presented to the City Council for approval upon the adoption of a resolution meeting the requirements of this section. Procedures for the review of permits applicable to such facilities shall be specified in the development agreement.

(2) Development agreements shall be reviewed in the manner and following the procedures established in Chapters 14.16A and 14.16B for a Type VI review except no review by the Planning Commission.

(d) Decision Criteria. The City Council may adopt a development agreement upon passage of a resolution with findings that:

(1) The proposed agreement is compatible with the goals and policies of the Comprehensive Plan;

(2) The proposed agreement is consistent with applicable development regulations;

(3) The proposed agreement provides for adequate mitigation of adverse environmental impacts; provided, that if the development is not sufficiently characterized at a project level, the agreement shall provide a process for evaluating and appropriately mitigating such impacts in the future; and

(4) The proposed agreement reserves authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

(e) Agreement Contents. A proposed development agreement shall, at a minimum, include provisions required by RCW 36.70B.170 through 36.70B.210 and shall set forth the development standards and other provisions that shall apply to and govern the use and development of the real property for the duration specified in the agreement not to exceed 10 years. An agreement may also contain such other provisions as the City and the property owner or person controlling the property agree on, such items as, but not limited to, the financing for or timing of mitigation and the vesting of development rights. A development agreement shall be consistent with applicable development regulations. Each development agreement shall include findings of consistency for any modification to existing regulations and standards.

(f) Recording Required. A development agreement shall be recorded with the real property records of the Snohomish County Auditor and shall be binding during its term on the parties and their successors.

(g) Modification of Development Agreement. Modification of an approved development agreement shall require processing as a new development agreement, except that a development agreement may provide a range of modifications that may be approved by the department without reprocessing.

(h) Appeal of Development Agreement.

(1) A development agreement shall be subject to appeal in Snohomish County Superior Court in accordance with the provisions of the Land Use Petition Act, Chapter 36.70C RCW.

(2) The cost of transcribing the record of proceedings, of copying photographs, video tapes, and any oversized documents, and of staff time spent in copying and assembling the record and preparing the record for filing with the court shall be borne by the party filing the petition. If more than one party appeals the decision, the costs of preparing the record shall be borne equally among the appellants. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.060 Essential Public Facilities.

(a) The purpose of this section is to provide a process to site necessary public uses that may otherwise be difficult to site. This process involves the community and identifies and minimizes adverse impacts. Examples of essential public facilities include schools, water transmission lines, sewer collection lines and pump stations, fire stations, hospitals, jails, prisons, airports, solid waste transfer stations, highways, stormwater facilities, and wastewater treatment plants. Secure community transition facilities are also included.

(b) Procedure. Applications that seek approval for an essential public facility or for a secure community transition facility shall follow the procedures established in Chapter 14.16B for a Type IV permit process.

(c) Development Regulations Applicable to Essential Public Facilities. The City Council may approve a development agreement, pursuant to RCW 36.70B.170, that creates exemptions or modifications to the requirements of this title in order to allow for the siting, development or expansion of an essential public facility.

(d) Process. Essential public facilities which are not already sited in a local Comprehensive Plan are eligible for review under the common siting process described below. Candidate facility proposals may be submitted for review under this review process by either the project sponsor or by a local jurisdiction proposing to site the project.

(1) A facility may be designated an essential public facility eligible for review under this process under the following conditions:

(i) The Snohomish County Tomorrow Steering Committee or the Lake Stevens City Council makes a determination that the proposed facility meets the definition of an essential public facility; or the facility appears on the State, County, or the host community’s list of essential public facilities; and

(ii) Either the sponsoring agency or the City of Lake Stevens determines that the facility will be difficult to site.

(2) An agency may request the City Council determine if a facility is considered an essential public facility in advance of applying for approval of the appropriate land use permit(s). To make such a request, the agency shall submit to the Department of Planning and Community Development a detailed written description of the facility, and concept level plans (if available) along with a fee to be set by Council resolution. The City Council shall make a determination within 30 days of receipt of a complete request.

(3) For a proposed facility in which an advance determination has not been made, the City Council must make a determination that the proposal is subject to the essential public facility process within in the same time frame and manner as determining when an application is complete (Section 14.16A.220(f)).

(4) Either the sponsor of an essential public facility which is eligible for review under the common site review process, or the City of Lake Stevens, may elect to follow the process described below. Alternatively, sponsors of such facilities having a preferred site location already identified may choose to seek siting approval under the local process provided by the City of Lake Stevens, if that approach is acceptable to the City. The common site review process will involve the steps described below:

(i) Determination of Eligibility. The project sponsor must receive a determination of eligibility from either the City or the Snohomish County Tomorrow Steering Committee that the proposed facility constitutes an essential public facility. This step will also include a determination of whether the proposed facility presents siting difficulties.

(ii) Site Search Consultation. As an optional service to project sponsors, the Planning Advisory Committee (PAC) and/or the Infrastructure Coordinating Committee (ICC) will, upon request, provide a forum for project sponsors prior to the initiation of the formal siting review process. Sponsors will have the opportunity to present proposed projects for the purpose of seeking information on potential sites within Snohomish County and about potential concerns related to siting. Sponsors may also propose possible incentives for host communities. Through the PAC/ICC, the City may be requested to provide information to sponsors regarding potential sites within their communities. The sponsor of an eligible project electing to utilize this siting process may initiate this communication by contacting Snohomish County Tomorrow and requesting aid in the siting of its proposed facility.

(iii) Local Land Use Review. Following site consultation with the PAC and/or ICC (when that step is taken by the sponsor), the sponsor may apply for the appropriate land use permit from the City. The City shall conduct its review as required by this common siting process, as well its own codes and ordinances. The City shall evaluate the proposal against the common siting criteria described in subsection (d)(2) of this section, as well as against other City criteria appropriate to the particular permit(s) being requested.

(iv) Advisory Review Process. The City’s decision on the land use permit, as it relates to the site evaluation criteria described in subsection (d)(2) of this section, is subject to an advisory review process. This process, if utilized, would occur prior to any appeal processes already provided by local ordinances.

(v) Within 21 days following the decision on a land use permit, the sponsor may request review of the decision by an advisory review board appointed by the Snohomish County Tomorrow Executive Board. The board shall not have authority to overturn a local decision. The board, on review of the record, shall only find that the local decision does or does not accurately reflect the evidence provided by the sponsor, or that adequate consideration was or was not given to the evaluation criteria, and may recommend to the local agency that it reconsider its decision. Nothing herein shall be construed to limit the administrative appeal or legal remedies otherwise available to sponsors, the City, or third parties.

(vi) Permit Application. Upon receipt of the required land use approvals, the sponsor may apply for necessary permits to construct the proposed facility.

(e) Essential Public Facilities - Development and Operating Requirements.

(1) The Growth Management Act requires cities to include in their Comprehensive Plans a process for identifying and siting essential public facilities (EPFs). Essential public facilities are described in the Act as those facilities which are typically difficult to site, but are needed to support orderly growth and delivery of services. The Act states that no local Comprehensive Plan or development regulation may preclude the siting of essential public facilities.

(2) In addition to the appropriate land use permit review criteria, the following shall apply to essential public facilities:

(i) Documentation of Need. Project sponsors must demonstrate the need for their proposed EPFs. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities and projected demand for this type of essential public facility.

(ii) Consistency with Sponsor’s Plans. The proposed project shall be consistent with the sponsor’s own long-range plans for facilities and operations.

(iii) Consistency with Other Plans. The proposed project must demonstrate the relationship of the project to local, regional and state plans. The proposal should be consistent with the Comprehensive Plan and other adopted plans of the City of Lake Stevens. In evaluating this consistency, consideration shall be given to urban growth area designations and critical area designations, population and employment holding capacities and targets, and the land use, capital facilities and utilities elements of these adopted plans.

(iv) Relationship of Service Area to Population. The facility’s service area population should include a significant share of the host community’s population, and the proposed site should be able to reasonably serve its overall service area population. However, linear transmission facilities are exempt from this criterion.

(v) Minimum Site Requirements. Sponsors shall submit documentation showing the minimum siting requirements for the proposed facility. Site requirements may be determined by the following factors: minimum size of the facility, access, support facilities, topography, geology, and mitigation needs. The sponsor shall also identify future expansion needs of the facilities.

(vi) Alternative Site Selection. The project sponsor shall search for and investigate alternative sites before submitting a proposal for conditional use permit or rezone. The proposal shall indicate whether any alternative sites have been identified that meet the minimum site requirements of the facility. The sponsor’s site selection methodology will also be reviewed. The Planning Director may reject the methodology citing specific errors or omissions; in which case, the sponsor shall correct the errors and omissions prior to proceeding with the City review. Where a proposal involves expansion of an existing facility, the documentation shall indicate why relocation of the facility to another site would be infeasible.

(vii) Distribution of Essential Public Facilities. In considering a proposal, the City shall examine the overall distribution of essential public facilities within Snohomish County to avoid placing an undue burden on any one community.

(viii) Public Participation. Sponsors shall encourage local public participation in the development of the proposal, including mitigation measures. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. The City’s scoping process may be an element of this outreach, but it is expected the communication between the sponsor and the residents shall extend beyond that process. The sponsor’s efforts in this regard shall be evaluated.

(ix) Proposed Impact Mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area(s) and community(ies). Mitigation measures may include, but are not limited to, natural features that will be preserved or created to serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment.

(f) Secure Community Transition Facilities.

(1) A conditional use permit for secure community transition facility (SCTF) shall not be approved if it can be demonstrated that the Lake Stevens Urban Growth Area (LSUGA), including all incorporated and unincorporated lands, already accommodates its fair share, based on population, of Snohomish County’s quota for beds as assigned by the State, except that this fair share can be exceeded if necessary to meet the State’s standard for a minimum of three beds per facility.

(2) No secure community transition facility (SCTF) shall house more than three persons, excluding resident staff.

(3) SCTFs should be located in relationship to transportation facilities in a manner appropriate to their transportation needs.

(4) No SCTFs shall be allowed in the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the city limits. Adjacent to, immediately across the street or parking lot from, or within the line of sight of a “risk potential activity” as defined in RCW 71.09.020, as amended, that include, but are not limited to:

(i) Public and private schools;

(ii) School bus stops;

(iii) Licensed day care and licensed pre-school facilities;

(iv) Public parks, publicly dedicated trails, and sports fields;

(v) Recreational community centers;

(vi) Churches, synagogues, temples and mosques; and

(vii) Public libraries.

(5) With a conditional use permit application, the project sponsor shall provide the following additional information:

(i) Proposed mitigation measures to offset any aesthetic, privacy and security impacts on the surrounding properties.

(ii) Proposed operating rules and procedures for staff and residents.

(iii) A schedule of all meetings in which public input has or will be solicited, and a summary of the public input which has been provided to date.

(6) Prior to the issuance of a building permit, or, if no building permit is necessary, a certificate of occupancy, the Department of Social and Health Services shall enter into an interlocal agreement with the Lake Stevens Police Department which identifies the obligations of the facility to keep the Police Department informed of activities, problems and security procedures; and identifies any exceptional services that will be required from the Police Department as well as compensation paid in exchange for said services. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.065 Events.

(a) Purpose. The purpose of this section is to provide procedures and requirements for events within the City of Lake Stevens. Events can provide substantial benefits to the community including but not limited to:

(1) Creating community identity and pride;

(2) Supporting cultural enrichment and education;

(3) Stimulating economic vitality;

(4) Encouraging participation in recreational activities; and

(5) Developing partnerships between the City, businesses, nonprofit agencies and community members.

(b) Event Permit Compliance.

(1) Any person desiring to conduct or sponsor an event in the City of Lake Stevens shall first obtain an event permit from the City, if applicable.

(2) It shall be unlawful for any person to sponsor, conduct or participate in an event requiring a permit without a valid event permit issued by the City of Lake Stevens.

(3) The event permit authorizes the permit holder/sponsor to conduct only such an event as is described in the event permit, and to do so in accordance with the terms and conditions of the permit. It is unlawful to violate the terms and conditions of these permits, or to continue with the event after the permit is revoked or expired.

(4) Violations of this chapter shall be enforced pursuant to Title 17, Enforcement Code, and Chapter 14.28, Enforcement and Review.

(c) Exemptions. An event permit is not required for events which do not meet the definition of “event” in Section 14.08.010; however, a park permit pursuant to Title 10 may be required. The following is a nonexhaustive list of events and activities that do not require an event permit:

(1) Regularly scheduled school events, such as athletic events, which use existing parking, traffic controls and public safety support and are considered to be part of regular and extra curriculum school activities.

(2) Funeral or wedding processions that do not require a police escort or street or road closures.

(3) Gatherings of more than 50 but less than 100 people in a City park or public property. (Park permit required pursuant to Title 10).

(4) Garage and rummage sales conducted on private property.

(5) Temporary sales conducted by businesses on private property such as holiday sales, grand openings or anniversary sales.

(d) Decision Criteria. In making a decision on an event permit, the Planning Director or his/her designee shall consider the following:

(1) Public health, safety and welfare.

(2) The hours of operation.

(3) The number of people expected to participate, including spectators.

(4) The availability of and the City’s ability to provide public safety or other City personnel and equipment as requested or required.

(5) The parking and traffic generated by the event.

(6) Use of public rights-of-way.

(7) Use of public parks and property.

(8) Sanitation and clean up.

(9) Insurance.

(10) Indemnity and hold-harmless agreements.

(11) Conflicts that may arise if more than one event is permitted during the same time frame.

(12) Number of events already permitted by the event sponsor or organization and the impact to the property or facility, other property or facility users and the general public.

(e) Application Procedures.

(1) Any person desiring to host, sponsor or organize an event in the City of Lake Stevens shall apply for an event permit by filing a complete application and all supporting and required documents with the City at least 60 business days prior to the date on which the event is to occur.

(2) The City has established levels to distinguish the general types of events. Each level has application requirements, fees, and permit conditions as provided on the current event permit application form.

(i) Level 1 Events. Events attracting participants and spectators of 100 or more but less than 500 persons and lasting for no more than one calendar day per year.

(ii) Level 2 Events. Events attracting participants and spectators of 500 or more persons but less than 1,000 persons per day and may last up to two consecutive days. An event sponsor or organization may only sponsor up to three events in each calendar year. If the event sponsor or organization has met the maximum number of events stated above, then a request for additional event(s) may be made to the Director, 60 days prior to the event date. One application by the same event sponsor or organization for similar events occurring on different dates during the same calendar year, up to the maximum number allowed, may be submitted under one event permit. If additional events are approved, each event must be submitted separately with the applicable required fees.

(iii) Level 3 Events. Events held up to once a week, but reoccurring periodically for a set time each calendar year. The event is open to the general public and participation does not require admission or membership fee or affiliation with the event sponsor or any particular group or organization. Level 3 events are typically reserved for events such as farmers markets, musical concerts and other similar types of activities.

(iv) Level 4 Events. Events attracting participants and spectators of 1,000 persons or more per day and may last more than one day per year but no more than four consecutive calendar days per year. The City Council may adopt a resolution setting the maximum number of Level 4 events permitted in one calendar year. Events anticipated in the City budget process shall be given priority over any additional Level 4 event permit requests.

(3) Any application made less than 60 business days prior to the date on which the event is to occur will be considered only under the following conditions:

(i) The applicant has paid in full the nonrefundable events expedited review fee;

(ii) The availability of staff and time needed to review the application is approved by the Planning Director;

(iii) The applicant can demonstrate that all conditions and requirements outlined in the event permit can be met, including but not limited to the ability to secure any required licenses or permits from other agencies, and can provide the required insurance and endorsements; and

(iv) The City’s ability to provide public safety or other City personnel and equipment as requested or required in the permit.

(4) When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe Constitutional freedoms, and in a manner that respects the liberty of applicants and the public.

(f) Permit Conditions. The Planning Director may condition an event permit by imposing reasonable requirements as necessary to protect the public health, safety and welfare and to protect the rights of persons and property. Such conditions may include but are not necessarily limited to:

(1) Agreement of or alteration of the date, time, route or location of the event proposed on the event application.

(2) Restrictions on the sale and/or consumption of alcohol.

(3) Notice to residents and businesses regarding any activity which would require a street closure and/or cause other significant impacts.

(4) Elimination of an activity which cannot be mitigated to ensure public safety or which would expose the City to undue liability.

(5) Compliance with other applicable laws, regulations, ordinances, licensing and permitting requirements, including but not limited to those imposed by Federal, State or county agencies.

(6) Requirements regarding the use of public safety and/or City personnel, City services or equipment.

(g) Additional Requirements.

(1) Level 3 and 4 events located in a residential zone require issuance of a notice within 14 days of receiving application. The notice shall include a statement that a public hearing shall be conducted by the City Council if a person requests a public hearing within 14 days of the issuance of the notice. The notice shall be issued in the following manner:

(i) By mail to the applicant or appellant and property owners within 300 feet of the site of the proposed event;

(ii) By posting on the official notice board at City Hall;

(iii) By publishing a notice one time in a newspaper having general circulation in the area; and

(iv) By erecting public notice signs, of a format approved by the Planning Director. One sign on each public right-of-way fronting on the site of the proposed event shall be erected in a manner that is accessible and easily read by the general public.

(2) If the permit applicant requests the City to provide public safety and/or City personnel, City services or equipment or if the Planning Director or his/her designee otherwise determines that public safety and/or City personnel, City services or equipment should be provided to protect the public health, safety or welfare, the applicant shall be required to pay to the City a fee sufficient to reimburse the City for the costs of these services. Said fees will be charged according to the current City of Lake Stevens fee resolution. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the annual budget to cover the costs incurred.

(3) In cases where it is deemed necessary, the Planning Director or his/her designee may require the applicant to post a bond to ensure compliance with the conditions of the event permit.

(h) Fees. Application fees are assessed to each level in the current Lake Stevens fee resolution and are due at time of application. Event applications will not be reviewed unless the appropriate application fee has been paid in full. In addition to the event permit application fee, additional fees including but not limited to fees for public safety and City personnel, services and equipment may also apply. After an event application has been reviewed, the applicant will be required to prepay any estimated costs and fees for public safety and City provided personnel, services and equipment as outlined and conditioned in the event permit.

(1) For a Level 4 event a deposit is also required in addition to the permit application fee at the time of permit issuance, said deposit will be in accordance with the current Lake Stevens fee resolution.

(2) If the actual cost for public safety and City personnel, services and equipment on the date(s) of the event is less than the estimated cost, the applicant will be refunded the difference by the City after all costs have been determined. If the actual costs for public safety and City personnel, services and equipment on the date(s) of the event are greater than the estimated cost, the applicant will be advised of the difference and payment is required within 30 days of written notice.

(i) Denial of Permit Application or Revocation of Approved Permit. An event permit may be denied and/or the permit may be revoked if the Planning Director or his/her designee finds one or more of the following situations to exist:

(1) The event cannot be conditioned to avoid endangering the public health, safety or welfare.

(2) Neither the City nor the applicant is able to provide sufficient public safety personnel or other necessary staff to accommodate the event so that it may occur in a safe manner.

(3) The applicant fails to provide a complete application after having been notified of the additional information or documents required.

(4) Information contained in the application or supplemental information requested from the applicant is found to be materially false.

(5) The applicant refuses or fails to agree or comply with all of the conditions and terms of the permit.

(6) The time and location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way.

(7) The event shall occur at a time and place where a school is in session at a route or location adjacent to the school and the noise created by the activities of the event would substantially disrupt the educational activities of the school.

(8) The date, time and/or place of the event would conflict with other previously permitted events.

(9) The applicant’s insurance has lapsed, is canceled or does not cover the type of event or activities permitted during the event.

(10) The event would cause significant damage to public or private property, facilities, or the environment.

(11) The maximum number of events allowed by an event sponsor or organization has been met. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.070 Home Occupations.

Repealed by Ord. 1179. (Ord. 908, Sec. 5, 2014; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.075 Land Use Code Amendments.

(a) The purpose of this section is to allow amendments to this title.

(b) Procedure. A land use code amendment shall be reviewed in the manner and following the procedures established in Chapters 14.16A and 14.16B for a Type VI review.

(1) Amendments to this title may be initiated by the City Council, the Planning Commission, or the City administration.

(2) Any other person may also petition the Planning Department to amend this title. The petition shall be filed with the Department of Planning and Community Development and shall include:

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

(ii) A strikeout/underlined version of the existing code showing proposed changes; and

(iii) Articulation of the specific objective(s) of any proposed text amendments.

(d) Upon receipt of a petition, the Planning Director shall either:

(1) Determine if the proposed code amendments meet the decision criteria in subsection (f) of this section; or

(2) Forward the petition to the Council for a determination on whether to accept and review the petition. The Council may summarily deny the petition or refer it to the Planning Commission for a recommendation.

(e) Amendments to following are not required for review before the Planning Commission:

(1) Chapter 14.60 (Utilities).

(2) Chapter 14.80 (Building and Construction).

(3) Chapter 14.84 (Fire Code).

(f) Decision Criteria. In approving code amendments to this title, the City Council shall make the following findings:

(1) The amendment is consistent with the adopted Lake Stevens Comprehensive Plan;

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

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

(g) No ordinance that amends any of the provisions of this title may be adopted until a public hearing has been held on such ordinance.

(h) Approval. All amendments shall be approved by ordinance of the Lake Stevens City Council. (Ord. 903, Sec. 20, 2013; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.078 Legal Lot Status Determination.

(a) Purpose.

(1) The purpose of this section is to provide a process and criteria for determining whether a lot, tract, or parcel (parcels) is a lot of record consistent with applicable state and local law, and to provide alternate criteria for determining lot status for a parcel that may not qualify outright as a lot of record.

(b) Applicability and Burden of Proof.

(1) The standards of this section apply to all requests for lot status determinations or for any applications relating to land development, building permits, property division, boundary line adjustment or any other land use actions when a lot status determination is necessary pursuant to RCW 58.17.210.

(2) The applicant shall bear the burden of proving that a parcel of land is a lot of record.

(1) Lot Status Determinations as Part of a Building Permit or Other Land Use and Development Request.

(i) Lot status determinations involving building permit or other land use and development applications shall submit all materials set forth in subsection (d) of this section, along with the underlying applications, and required application fees.

(ii) Concurrent review with an underlying application shall follow the process for the underlying building permit or land use permit.

(iii) A separate written approval of a lot status determination will not be issued unless requested by the applicant.

(2) Lot Status Determinations Without a Building Permit or Other Land Use and Development Request.

(i) Lot status determinations not involving any other concurrent City reviews shall submit all materials set forth in subsection (d) of this section, a complete Type I application and current fee.

(ii) The lot status determination shall be reviewed for compliance with the criteria in this section.

(iii) The City will issue a written determination of lot status.

(3) If any nonconforming lot is held in common ownership with an adjacent lot or lots and the combined lots have previously functioned as a single lot to support or allow a use or development, then the nonconforming lot is deemed to have been combined with the adjacent lot or lots and may only be used in accordance with this title as a single lot.

(d) Submittal Requirements. The following materials shall be provided by all applicants for a lot status determination:

(1) Complete application (if not a concurrent review);

(2) Written narrative explaining the purpose of the request;

(3) Title report (prepared within 30 days of submittal to the City);

(4) Scaled site plan to include property lines, dimensions, structures, site improvements, easements and utility locations;

(5) Any existing evidence of legal lot status such as:

(i) Prior approved and recorded short subdivision or subdivision approval showing formal lot creation;

(ii) Recorded deeds or contracts describing the lot or lots either individually or as part of a conjunctive legal description (e.g., Lot 1 and Lot 2); or

(iii) Historic tax records or other similar evidence, describing the parcel as an individual lot.

(e) Decision Criteria. The Planning Director or designee shall determine that a parcel is a legal lot of record when the parcel meets one or more of the following criteria:

(1) The parcel was created through a subdivision or short subdivision in the city after June 17, 1970.

(2) The parcel was created through a subdivision or short subdivision recorded with Snohomish County or approved by Snohomish County prior to annexation and after August 9, 1969.

(3) The parcel was created through a subdivision or short subdivision with written approval by Snohomish County between 1937 and 1969 and has been subsequently developed, sold through deed transfer and meets the requirement of subsection (f)(3) of this section.

(4) The lot was created by a process defined in RCW 58.17.040 RCW.

(f) Alternate Decision Criteria for Determining Lot Status. The Planning Director or designee shall determine that a parcel is a legal lot of record when the parcel meets one or more of the following criteria:

(1) The parcel was created through territorial platting prior to 1937, was not subsequently developed, altered or improved, and the applicant can demonstrate that the parcel meets the requirement of subsection (f)(3) of this section.

(2) The parcel is a tax parcel created for tax segregation purposes by the County Assessor and the applicant can demonstrate that the parcel meets the requirement of subsection (f)(3) of this section and the following:

(i) The parcel was created by a tax segregation process prior to March 4, 1972; and

(ii) The parcel was defined by metes and bounds legal description or fractional section description and conveyed by notarized deed prior to December 31, 1968; or

(iii) The parcel was conveyed as an individually described parcel to separate, noncontiguous ownerships through a fee simple transfer or purchase.

(3) For consideration for an alternative determination of lot status, the applicant shall demonstrate that:

(i) The parcel substantially meets or can meet current zoning standards per Title 14 including but not limited to access to public utilities, site access, road, sidewalk, stormwater, lot size, setbacks, etc.; and

(ii) The parcel does not adversely impact public health or safety; and

(iii) The parcel does not adversely affect or interfere with the implementation of the Comprehensive Plan.

(iv) For purposes of reviewing the status of preexisting parcels, parcels within 10 percent of lot size standards shall be considered to substantially meet the current standards unless the Planning Director or designee determines that public health or safety impacts are present.

(g) Prior Determination.

(1) Lots which have been recognized through a previous lot status determination, including approvals from Snohomish County before annexation, or other planning approval in which lot recognition is made, are lots of record. Such parcels shall remain lots of record unless the property owner consolidates or merges the lot with another lot or alters the lot or portions of a lot subject to a court decision. Any such change shall necessitate a new legal lot determination through the processes outlined in this section.

(2) The City shall have the authority to review lots that have been altered through the boundary line agreement process identified in RCW 58.04.007. If the City determines that the limited parameters of RCW 58.04.007 do not apply to a recorded boundary line agreement, the City’s determination of lot status shall be based on the recorded boundaries prior to the agreement, unless a boundary line adjustment is approved through the process outlined in Section 14.18.200. (Ord. 1179, Sec. 8, 2024; Ord. 1121, Sec. 2 (Exh. A), 2021)

14.16C.080 Planned Neighborhood Developments.

(a) The purpose of this section is to allow a larger, integrated development with characteristics of up to three different zoning districts constructed under a single application.

(b) Procedure. Planned neighborhood developments shall be reviewed in the manner and following the procedures established in Chapters 14.16A and 14.16B for a Type IV review.

(1) In a planned neighborhood development, the developer may make use of the land for any purpose authorized in a PND development in which the land is located, subject to the provisions of this title. No area of less than 10 contiguous, developable acres may be zoned as a PND district, and then only upon the request of the owner or owners of all the property intended to be covered by such zone.

(2) Each PND district shall include a medium density residential element, comprised of R4, R6 or R8-12 depending on the underlying zoning district. Within that portion of the PND zone that is developed for medium density residential purposes, all development must be in accordance with the regulations applicable to the Medium Density Residential zoning district used in the PND.

(3) A second element of each PND district may include a multi-family residential element corresponding to the zoning districts described in Section 14.36.010(a)(5). Not more than 35 percent of the total area may be developed for higher density residential purposes. Within the portion of the PND developed for higher density residential, all development must be in accordance with the regulations applicable to the zoning district to which the PND district corresponds.

(4) A third element of each PND district may include a commercial element or mixedmixed use-use element corresponding to the Mixed Use, Local Business or Central Business District zoning districts. Not more than 10 percent of the total area may be developed for commercial purposes. Within that portion of a PND district developed for purposes permissible in a commercial district, all development must be in accordance with the regulations applicable to the commercial district to which the PND district corresponds.

(5) The plans for the proposed planned neighborhood development shall indicate the portions of the lot that the developer intends to develop for higher density residential purposes, medium density residential purposes, and commercial or mixed use purposes. For purposes of determining the substantive regulations that apply to the planned neighborhood development, each portion of the development so designated shall then be treated as if it were a separate district. However, only one permit - a planned neighborhood development permit - shall be issued for the entire development.

(6) The nonresidential portions of any planned neighborhood development may not be occupied until all the residential portions of the development are completed or their completion is assured by any of the security mechanisms provided in Section 14.16A.180 (Security Mechanisms) to guarantee completion. The purpose and intent of this provision is to ensure that the planned neighborhood development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential development. (Ord. 1080, Sec. 3, 2020; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.083 Planned Action Projects.*

(a) The purpose of this section is to establish a review process for projects submitted under a planned action ordinance within the following adopted subarea plans:

(1) Lake Stevens Center Subarea Plan;

(2) 20th Street SE Corridor Subarea Plan; and

(3) Downtown Lake Stevens Subarea Plan.

(b) Procedure. Proposed planned action projects shall be submitted for certification as a planned action under one of the planned action ordinances and participate in a pre-application conference.

(c) Development Thresholds and Criteria. The proposed project shall meet the development thresholds and mitigation measures adopted in the appropriate planned action ordinance and codified in Sections 14.38.120(c) and (d), and the planned action review criteria of Section 14.38.120(e).

(d) Planned Action Certification. Certification notice requirements for qualifying planned action projects in Section 14.16B.225(e)(1) shall be in accordance with Section 14.38.120(b)(5). (Ord. 1027, Sec. 4, 2018; Ord. 876, Sec. 13, 2012)

* Code reviser’s note: Ordinance 876 adds this section as Section 14.16C.080. The section has been editorially renumbered to avoid duplication of numbering.

14.16C.085 Reasonable Use Exceptions.

The City recognizes that the strict application of Chapter 14.88, Critical Areas, may in some cases deny all reasonable economic use of private property. In such cases, the applicant may seek a reasonable use exception from the standards of Chapter 14.88 pursuant to Sections 14.88.310 and 14.88.320. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.090 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 Section 14.36.100.

(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 14.16A and 14.16B for a Type IV review. An area-wide rezone shall be reviewed in the manner and following the procedures for a Type VI 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 Planning Department to amend the Official Zoning Map. The petition shall be filed with the Department of Planning and Community Development and shall include:

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

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

(iii) A rationale for the proposed map changes.

(e) Upon receipt of a petition, the Planning Director 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 Hearing Examiner 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 Lake Stevens 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, Hearing Examiner 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:

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

(ii) 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 Lake Stevens 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 Section 14.16A.255. (Ord. 903, Sec. 21, 2013; Ord. 876, Sec. 14, 2012; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.095 Right-of-Way Vacation.

(a) The purpose of this section is to provide procedures and requirements for the vacation of public rights-of-way and streets. The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council for the vacation, or the City Council may initiate, by resolution, such vacation procedure.

(b) Special Requirements. For applications initiated by property owners, the application shall contain the signatures of the owners of at least two-thirds by frontage of the property abutting the portion of right-of-way proposed to be vacated.

(1) If the application is approved, the City Council shall vacate the right-of-way by ordinance. The ordinance of vacation may provide that the vacation shall not become effective until owners of property abutting the vacated right-of-way compensate the City. The ordinance enacted to vacate the right-of-way shall be recorded with Snohomish County. Compensation may be required as set forth in subsection (e) of this section.

(2) Alternative Methods of Vacation. Right-of-way vacations may be processed under the alternative methods provided in Chapter 35A.47 RCW, which is incorporated by reference.

(d) Survey Requirements. It shall be the duty of the Public Works Director or City Engineer to determine whether or not the location and legal description of the street or alley proposed for vacation are sufficiently known to the City so that an accurate legal description of the proposed vacation can be known with certainty. If the Public Works Director or City Engineer determines that these matters are not known or are not accurately known, then the City shall notify the petitioners of the necessity of having an accurate, professional survey of the property proposed for vacation within the boundaries of the proposed vacation marked upon the ground with an accurate legal description of the proposed vacation to be furnished to the City. The City shall not proceed further upon the vacation petition until such a survey has been done and an accurate legal description has been received.

(e) Appraisal. In all cases where the City Council requires compensation for the vacated right-of-way, an appraisal of the right-of-way proposed for vacation shall be made by one or more of the following methods:

(1) The assessed value of comparable abutting property shall be obtained from the records of the Snohomish County assessor. The average of said values, on a square foot basis, shall be applied to the right-of-way which is proposed for vacation.

(2) The petitioner shall be required to submit a report of a professional appraiser to the City, stating the fair market value of the right-of-way proposed for vacation.

(3) The City shall obtain a report from one or more professional appraisers stating the fair market value of the right-of-way proposed for vacation. The cost of said report or reports shall be paid by the petitioner prior to the time of the public hearing.

(f) Decision Criteria.

(1) The City Council may vacate any street, alley or any parts thereof, if any portion thereof abuts any body of fresh water, when such vacation is sought to enable the City or State to acquire the property for boat moorage or launching sites, park, viewpoint, recreational, or educational purposes or other public uses.

(2) The City Council shall use the following criteria for deciding upon the petition:

(i) The vacation will provide a public benefit, and/or will be for a public purpose;

(ii) The right-of-way vacation shall not adversely affect the street pattern or circulation of the immediate area or the community as a whole;

(iii) The public need shall not be adversely affected;

(iv) The right-of-way is not contemplated or needed for future public use; and

(v) No abutting owner will become landlocked or its access will not be substantially impaired (i.e., there must be an alternative mode of ingress and egress, even if less convenient); provided, that the City Council may, at the time of its public hearing, determine that the City may retain an easement or right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services.

(3) The City Council will, at the time of the public hearing, determine the amount of compensation to be paid to the City by the petitioners as a condition of the vacation, consistent with the following:

(i) Where the street or alley has been part of a dedicated public right-of-way for 25 years or more, an amount that does not exceed the full appraised value of the area vacated; or

(ii) Where the street or alley has not been part of a dedicated public right-of-way for 25 years or more, an amount which equals one-half of the appraised value of the area vacated.

(g) Notice to Auditor and Assessor. A certified copy of the ordinance vacating any street or alley, or part thereof, shall be filed by the City Clerk with the Snohomish County Auditor’s office and with the Snohomish County Assessor’s office.

(h) Use of Proceeds of Vacation. One-half of the revenue received by the City as compensation for area vacated under this section shall be dedicated to the acquisition, improvement, development, and related maintenance of open space or transportation capital projects within the City. (Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.100 Shoreline Permits.

(a) The Shoreline Master Program describes the procedures and requirements for development within specified areas related to lakes, rivers, streams, wetlands, and floodplains, as required to implement the Shoreline Management Act, as amended, Chapter 90.58 RCW.

(b) Permit Required. Chapter 1, Section E.1 of the Shoreline Master Program describes when a substantial shoreline development permit is required for development that materially interferes with the normal public use of the water or shorelines of the City. The current shoreline areas are described below:

(1) Shoreline Areas. The shoreline areas are designated in the Shoreline Master Program and are generally described as:

(i) Lake Stevens, its underlying land, associated wetlands, and a line 200 feet landward at the line of ordinary high water (elevation 27 feet above sea level) plus the area within the one percent numerical probability floodplain (100-year floodplain) as defined by the best available data.

(ii) Catherine Creek for approximately one mile south of Hartford Drive NE, the confluence with the outflow from Lake Stevens, where the mean annual flow is 20.0 cubic feet per second or more, and the territory between 200 feet on either side of the tops of the banks, plus associated wetlands and the area within the one percent probability floodplain (100-year floodplain) as defined by the best possible data.

(iii) Little Pilchuck Creek within the urban growth area as the mean annual flow is 20.0 cubic feet per second or more in these areas, and the territory between 200 feet on either side of the tops of the banks, plus associated wetlands and the area within the one percent probability floodplain (100-year floodplain) as defined by the best possible data.

(2) Adjacent Areas. Those parcels of land adjacent to the shoreline areas involving projects and developments that overlap into the shoreline areas.

(c) Exemptions. Certain developments are exempt from the requirement to obtain a substantial development permit pursuant to WAC 173-27-040. An exempt development is only exempt from a shoreline permit, but is still subject to other provisions in the SMP and any other applicable federal, state and local rules and regulations. See Chapter 7, Subsection C.1 for a short summary of the types of developments which do not require substantial development permits (see WAC 173-27-040 for detailed descriptions).

(d) Procedures.

(1) Applications for a shoreline exemption shall follow the procedures for a Type I review pursuant to Chapter 14.16B.

(2) Applications for a shoreline substantial development permit shall follow the procedures for a Type II review pursuant to Chapter 14.16B.

(3) Applications for a shoreline conditional use permit shall follow the procedures for a Type III review pursuant to Chapter 14.16B.

(4) Applications for a shoreline variance shall follow the procedures for a Type III review pursuant to Chapter 14.16B.

(5) Special Requirements. No final action or construction shall be taken until 21 days after notice of the final action taken by the City is filed with the Department of Ecology.

(e) Decision Criteria. All applications, including exemptions, shall comply with the Shoreline Master Program.

(f) Administrative Provisions. Chapter 7 of the Shoreline Master Program establishes an administrative system designed to assign responsibilities for implementation of the Shoreline Master Program and to outline the process for review of proposals and project applications. All proposed shoreline uses and development, including those that do not require a shoreline permit, must conform to the Shoreline Management Act (SMA) (Chapter 90.58 RCW) and to the policies and regulations of the SMP. Where inconsistencies or conflicts with other sections of the Lake Stevens Municipal Code (LSMC) occur, Chapter 7 of the Shoreline Master Program shall apply. (Ord. 898, Sec. 3, 2013; Ord. 855, Sec. 18, 2011; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.105 Site Plan Review.

(a) The intent of this section is to establish procedures for reviewing site plans submitted as part of permit applications. Binding site plans are reviewed under Sections 14.18.105 through 14.18.180. 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 is 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 14.16B.

(d) Site Plan Application. The application shall meet the submittal requirements established by Section 14.16A.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 per Chapter 14.60);

(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, and the general method proposed to comply with Chapter 14.64;

(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 Section 14.16A.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. 1027, Sec. 2, 2018; Ord. 898, Sec. 3, 2013; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.110 Temporary Use.

(a) This section provides for certain temporary uses incidental to the principal long-term use of property. Temporary uses are to be permitted only under the conditions as set forth herein, and where it is found to be safe and compatible with the general vicinity and adjacent uses.

(b) Procedure. Applications for a temporary use permit shall follow the procedures for a Type I review, except temporary encampments shall be processed as a Type II review pursuant to Chapter 14.16B.

(1) A temporary dwelling for use as a residence by the owners of a lot during construction, repair or renovation of a permanent residential structure on the lot. The temporary building need not comply with the requirements of the International Building Code but shall meet minimum health and safety standards prescribed by the Building Official.

(i) Permits for temporary dwellings shall expire within 12 months of the date of issuance, except that the Planning Director may renew such permit for one additional period not to exceed six months to allow for the completion of the permanent structure.

(ii) When sudden, unforeseen damage occurs to a residence making it uninhabitable, occupancy may occur immediately provided an application for a temporary use permit is submitted within 30 days from the first day of occupancy in the temporary dwelling. The temporary dwelling shall be removed from the lot upon completion of the permanent residential structure.

(2) A temporary structure for use by a contractor as a construction shed or office while building or remodeling a permanent structure on the same lot. The temporary structure shall not be open to the public. The temporary building need not comply with the requirements of the International Building Code but shall meet minimum health and safety standards prescribed by the Building Official. It shall be removed from the lot upon completion of the permanent structure.

(3) A temporary real estate sales office located in a model or display home as part of an approved plat, subject to the following conditions and the provisions of Section 14.44.025:

(i) If situated in a residential zone, the office may only be used for sale activities related to the plat in which it is located.

(ii) If situated in a commercial zone, the office may only be used for sales related to the model or display home itself.

(iii) Within 30 days of the last residential building permit within the subdivision being issued, the use of the building for a temporary real estate sales office shall terminate, and the building shall be used exclusively thereafter for uses permitted within that zone and shall meet all building and fire codes applicable thereto, or shall be immediately removed.

(4) Temporary encampments are to be reviewed as a Type II application pursuant to supplemental regulations contained in Section 14.44.038.

(d) Recreational Vehicles as Temporary Dwelling Units. No recreational vehicle shall be occupied for residential or commercial purposes anywhere in the City of Lake Stevens except:

(1) In the case of temporary uses per subsection (c) of this section; or

(2) Recreational vehicles may be occupied by visitors within residential zones for a period not to exceed 30 days where a Planning Director approval has been granted for such use, provided:

(i) Temporary occupancy shall not exceed 30 days in a calendar year per visitor;

(ii) Under no circumstances shall a recreational vehicle be occupied while parked overnight within a public right-of-way or within a public park;

(iii) No recreational vehicle shall be serviced by a temporary or permanent sewer hookup emptying into the City’s system or a private septic system; and

(iv) Space shall not be provided for an occupied recreational vehicle for monetary or other compensation.

(3) Recreational vehicles and recreational park trailers may be occupied inside manufactured/mobile home parks pursuant to Section 14.44.070 as a temporary use.

(e) Decision Criteria. A temporary use permit may be granted by the Planning Director, only if the applicant demonstrates:

(1) The proposed temporary use will not be materially detrimental to the public welfare;

(2) The proposed temporary use is compatible with existing land use in the immediate vicinity in terms of noise and hours of operation;

(3) Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and

(4) The proposed temporary use is not otherwise prohibited in the zone in which it is proposed.

(f) Duration and Frequency. Unless specified elsewhere in this section, temporary use permits shall be limited in duration and frequency as follows:

(1) When sudden, unforeseen damage occurs to a residence making it uninhabitable, thus necessitating occupancy in a temporary residence, occupancy may occur immediately provided an application for the temporary use permit is made within seven days from the first day of occupancy in the temporary residence;

(2) The temporary use permit shall be effective for no more than 180 days from the date of the first occurrence, except that temporary encampments are limited to 90 days;

(3) The temporary use permit shall specify a date upon which the use shall be terminated and removed; and

(4) A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year, except that for temporary residences the Planning Director may renew such permit for one additional period not to exceed three months if it is determined such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.

(g) Temporary Public Structures. Public agencies may erect and use temporary structures (e.g., portable school classrooms, civic uses, emergency command centers, health and social services centers, etc.) upon demonstrating that such a use is for the public benefit and that the use is temporary in nature. Permits for temporary public structures shall expire one year after issuance, but may be renewed annually by the Planning Director upon demonstration of demonstrated public benefit. (Ord. 1179, Sec. 8, 2024; Ord. 1031, Sec. 2 (Exh. A), 2018; Ord. 991, Sec. 4, 2017; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.115 Variances.

(a) A variance is a mechanism by which the City may grant relief to a particular piece of property where practical difficulty renders compliance with the provisions of the land use code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of that code and of the Comprehensive Plan can be fulfilled.

(b) Procedure. Applications for a variance shall follow the procedures for a Type III review pursuant to Chapter 14.16B. Decisions on variance applications are to be made by the Hearing Examiner following a public hearing.

(c) Decision Criteria. A variance may be approved if findings are made that the strict enforcement of this title would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of this title will be observed, public safety and welfare secured, and substantial justice done. The Hearing Examiner may reach these conclusions when the following findings are made:

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

(2) If the applicant complies strictly with the provisions of this title, the applicant can make no reasonable use of the owned property;

(3) There are special circumstances applicable to the subject property or to the intended use, such as the size, shape, topography, location or surroundings, that do not apply generally to other properties or classes of use in the same vicinity and zone;

(4) The hardship relates to the applicant’s land, rather than personal circumstances;

(5) The spirit of the standard from which a variance is requested is reasonably maintained, and the granting of a variance will not constitute a grant of special privilege or pose significant hazards or otherwise be detrimental to the surrounding properties; and

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

(d) In granting any variance, the Hearing Examiner may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, is a violation of this title and punishable under Title 17.

(e) Transfer of Ownership. A variance runs with the land and compliance with the conditions of any such permit or variance is the responsibility of the current owner of the property, whether the original applicant or a successor.

(f) Vacation, Review or Revocation of Variance.

(1) Any variance issued pursuant to this chapter may be vacated at the request of the current landowner upon City approval; provided, that:

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

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

(2) Landowner requests for vacation of a variance shall be conducted in accordance with Section 14.16A.240.

(3) The office of the Hearing Examiner shall have jurisdiction to review or revoke all variances in accordance with a Type III review pursuant to Chapter 14.16B. (Ord. 1179, Sec. 8, 2024; Ord. 811, Sec. 4 (Exh. 3), 2010)

14.16C.120 Administrative Authority.

(a) Purpose. The intent of this section is to allow the Community Development Director (Director) certain defined flexibility and discretionary authority to consider minor alterations to zoning code regulations including dimensional, parking, landscape and design standards 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 Director 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 Director or designee may authorize administrative deviations to development regulations up to 15 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 14.16B, Part 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 Director 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 14.16B, Part 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 Director 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 Director 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 Chapter 14.88, except for required buffer widths and building setbacks when the modification includes a mitigation plan meeting the requirements of Chapter 14.88;

(5) Any standard that is inconsistent with the Comprehensive Plan. (Ord. 969, Sec. 4, 2016)