(Repealed by Ord. 482)

(Repealed by Ord. 482)

This division shall be known and may be cited as the “City of Brier zoning code.” (Ord. 503 § 2 (Exh. A), 2025; Ord. 20.M § 1.1, 1991)

This division shall consist of the text herein and that certain map entitled Zoning Map of the City of Brier, which is kept on file at the office of the city clerk. Said map is by this reference incorporated herein and hereby made an integral part of this division.

This division and each and all of its terms are to be read and interpreted in the light of the commitments of said map or any duly adopted amendments. If any conflict should arise as between the map or the text of this division, the text of the division shall prevail. All other parts of the map shall continue in full force and effect. (Ord. 20.M § 1.2, 1991)

It is the declared purpose of the city council in adopting this division to provide rules and regulations for the use of land and buildings which are free from nuisance and physical hazard to serve the public health, safety and general welfare and security and to provide the environmental, economic and social advantages resulting from well-planned, orderly use of the land. (Ord. 20.M § 2, 1991)

For the purpose of this title, the following terms, phrases, words, and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

A. “A” Definitions.

“Accessory buildings and structures” means a building, structure, or part of a building or other structure which is subordinate to and the use of which is incidental to that of the main building, structure or use of the same lot, including a private garage. If the building is attached to the main building by a common wall, such building shall be considered part of the main building rather than an accessory building. Accessory dwelling units shall not be included in the definition of accessory buildings and structures.

“Accessory dwelling unit (ADU)” means a dwelling unit located on the same parent lot as a single-family housing unit, duplex, triplex, townhome or other housing units.

“Accessory dwelling unit, detached” means an ADU that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome or other housing unit and is on the same parent lot.

“Administrative design review” means a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director’s designee based solely on objective design and development standards without a public meeting or hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance.

“Adult family home” means a dwelling, licensed by the State of Washington Department of Social and Health Services, in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An existing adult family home may provide services to up to eight adults upon approval from the Department of Social and Health Services in accordance with RCW 70.128.066.

“Alley” means an improved driving surface that is privately owned and provides vehicle access to the rear of a structure, lot, or use.

“Alteration” as applied to a building, structure, or other site improvements is any change or rearrangement in the structural parts or in the ingress-egress facilities or an enlargement, whether by demolition, extending on a side or by increasing in height, or the moving from one location or position to another, or a change in occupancy/occupancy classification.

B. “B” Definitions.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

“BMC” means the Brier Municipal Code.

“Building” means any structure built for the support, shelter or enclosure of persons, animals, mechanical devices, or chattels or property of any kind as defined in the International Building Code.

“Building area” means the part of a lot upon which a building may be erected and maintained without violating the setback requirements prescribed in this title.

“Building height” means the vertical distance from the lot grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the ridgeline of the highest gable of a pitched or hip roof.

“Building line” means a horizontal line that coincides with the front side of the main building.

C. “C” Definitions.

“Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

1. Level 1 is considered slow charging.

2. Level 2 is considered medium charging.

3. Level 3 is considered fast or rapid charging.

“Conditional use” means a use subject to specified conditions which may be permitted in one or more classifications as defined by this title.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW, Condominium Act.

D. “D” Definitions.

“Development regulations” or “regulation” means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

“Director” means the city’s mayor and/or the mayor’s designee.

“Duplex” means a structure with two attached dwelling units.

“Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, and sanitation.

E. “E” Definitions.

“Electric vehicle” means any vehicle that operates either partially or exclusively on electrical energy from the grid, or an off-board source, that is stored on-board for motive purposes. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle.

“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

“Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

“Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or occupancy agreement.

“Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.

F. “F” Definitions.

“Family” means an individual permanent occupant or group of permanent occupants sharing an entire dwelling as a single housekeeping unit which lives, cooks, and shares expenses together as the functional equivalent of a household.

“Family daycare provider” means a child care provider licensed by the state of Washington who regularly provides early childhood education and early learning services for twelve or fewer children, including children who reside at the dwelling unit, between birth through eleven years, for periods of less than twenty-four hours, where such services are provided in the dwelling unit of the licensed operator.

“Fiveplex” means a structure with five attached dwelling units.

“Floor area” means the area included within the exterior walls of a building (or portion thereof), exclusive of vent shafts and interior courts.

“Foster home” means a dwelling unit in which a person is licensed by the state of Washington to provide regular twenty-four-hour care, room and board for six or fewer children or youth, not related by genetics, adoption, marriage, or civil union to the licensed person, within an age range of birth through twenty-one years, where such care is provided in the dwelling unit of the licensed person.

“Fourplex” means a structure with four attached dwelling units.

G. “G” Definitions.

“Group home” means a dwelling unit in which a person or entity is licensed by the state of Washington to provide group care, special care, room, board, and supervision for six or fewer children or youth, who are not related by genetics, adoption, marriage, or civil union to the licensed operator or care provider, within an age range of birth through twenty-one years, for periods of twenty-four hours or longer, where such care is provided in the dwelling unit of the licensed operator.

H. “H” Definitions.

“Habitable space” means the floor area in a dwelling unit for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage, garages, utility spaces, and similar areas are not considered habitable spaces.

“Home animal agriculture” is defined as producing livestock, small animals, and/or fowl or their products for home use or consumption including breeding, growing, caring, housing and product preparation where sales are incidental. Livestock, small animals, and/or fowl are as herein defined:

1. “Fowl” means domestic fowl normally raised for meat or eggs, including hens, turkeys, ducks, geese and other similar animals.

2. “Livestock” means horses, ponies, mules, jackasses, cattle, sheep, llamas, goats, swine, and other similar animals.

3. “Small animals” means rabbits, chinchillas, guinea pigs, hamsters, and other similar animals.

“Home occupation” – see BMC 17.12.020.

I. “I” Definitions.

“Impervious surfaces” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

J. “J” Definitions. Reserved.

K. “K” Definitions.

“Kitchen” means any room or rooms, or portion of a room or rooms, designed to be used for the cooking or preparing of food.

L. “L” Definitions.

“Landscape” means to plant with vegetation in the form of hardy trees, shrubs, grass, flowerbeds, or evergreen ground cover maintained in good condition and arranged to produce an aesthetically pleasing effect. Landscaping may also be used to provide screening or buffering, to provide an acoustical barrier or to reduce stormwater runoff and/or erosion.

“Lot” means a platted or unplatted parcel of land unoccupied, occupied or to be occupied by a principal use or building and accessory building, together with such yards and open spaces as required by this title, and abutting upon or accessible from a private or public street sufficiently improved for vehicle travel or abutting upon or accessible from an unobstructed permanent access easement.

“Lot area” means the total horizontal area within the boundary lines of a lot.

“Lot, corner” means a lot situated at the intersection of and abutting two public rights-of-way, or upon two parts of a single right-of-way, the adjacent sides of which contain an angle of not more than one hundred thirty-five degrees.

“Lot coverage” means the area of a lot that can be covered with a building, structure, parking area, and other impervious surfaces as defined herein.

“Lot, flag” means a lot where the driveway is the only portion of the property that fronts a public street. The lot consists of two parts: the “flag” or main body of the lot and the “panhandle” or the narrow access way connecting the lot to the street.

“Lot grade” means the average of the finished ground level at the center of all exposed walls of the building.

“Lot, parent” means a lot which is subdivided into unit lots through the unit lot subdivision process.

“Lot, unit” means a subdivided lot within a development as created from a parent lot and approved through the unit lot subdivision process.

M. “M” Definitions.

“Main building” means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.

“Major transit stop” means:

1. A stop on a high capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW;

2. Commuter rail stops;

3. Stops on rail or fixed guideway systems; or

4. Stops on bus rapid transit routes, including those stops that are under construction.

“Middle housing” means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.

“Mobile home” as used herein shall refer to the definition of mobile home as stated in the city’s mobile home ordinance.

“Multiple-family dwelling” means a dwelling or building that contains three or more dwelling units, but excluding townhouses and mobile homes.

N. “N” Definitions.

“Nonconforming building” means a building or portion thereof which was lawfully erected or altered and maintained but which, because of the application of this title, no longer conforms to the regulations of the zone in which it is located as defined by this title.

“Nonconforming use” means a use of land or of a structure which was lawful when established but which, because of the application of this title, no longer conforms to the use regulations of the zone in which it is located as defined by this title.

“Non-electric vehicle” means any motor vehicle that does not meet the definition of “electric vehicle.”

O. “O” Definitions.

“Occupant, permanent” means an individual who occupies a dwelling unit or portion thereof for thirty-one days or more within any twelve-month period and:

1. Is a dependent regularly residing in the unit; or

2. Can provide proof of permanent occupancy through two or more of the following:

a. Registers to vote using the address of the dwelling unit;

b. Receives utility and household bills at the dwelling unit;

c. Registers a vehicle or applies for a driver’s license or other state-issued identification using the address of the dwelling unit; or

d. Registers to attend school or is registered as a home school student at the address of the dwelling unit.

“Open space” means undeveloped land set aside to provide conservation, buffering and park and recreational opportunities, conserving valuable natural resources and structuring urban development and form. The intent and use of open space is addressed more specifically in the city’s comprehensive park, trail, and open space plan.

P. “P” Definitions.

“Parking space” means an area accessible to vehicles, which area is provided, improved, maintained, and used for the purpose of accommodating a motor vehicle.

“Permanent occupant” – see “Occupant, permanent.”

“Permanent supportive housing” means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.

“Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board-internal-combustion-driven generator; and (4) has the ability to travel powered by electricity.

“Principal use” means the primary or predominant use to which the property is or may be devoted and to which all other uses on the premises are accessory.

“Private garage” means an accessory building or an accessory portion of the principal building, designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building.

“Project permit” or “project permit application” means any land use or environmental permit or license required from the city of Brier for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this definition.

“Public works department” means the public works or engineering department or other department, division, or agency of the city which reviews and approves infrastructure improvements associated with development.

Q. “Q” Definitions. Reserved.

R. “R” Definitions.

“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

“Religious worship, place of” means a building or portion thereof principally devoted to and operated for worship, prayer, meditation, or the performance of religious services by an organization granted tax exempt status by the Federal Internal Revenue Service. A place of religious worship includes churches, synagogues, temples, mosques, and other similar religious facility.

S. “S” Definitions.

“Secondary dwelling unit” means a second dwelling unit on a single-family lot that provides complete independent living facilities. The secondary dwelling unit may be located in either the main building or in a separate, detached building. Secondary dwelling units are no longer an allowed use with the adoption of Ordinance 503, effective July 9, 2025.

“Setbacks” means the distances from lot lines which buildings or improvements must be located.

“Short term rental” means a lodging use in which a dwelling unit, or portion thereof, is offered for rent for fewer than thirty consecutive nights. For purposes of this definition, a dwelling unit includes but is not limited to: buildings, main buildings, accessory buildings, dwelling units, secondary dwelling units, mobile homes, or any other structure, and any habitable space therein, as these terms are defined in this section.

“Single-family zones” means those zones where single-family detached residences are the predominant land use.

“Sixplex” means a structure with six attached dwelling units.

“Stacked flat” means dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned.

“Street” means a public or recorded private thoroughfare which affords primary means of access to abutting property.

1. “Street, side” means a street which is adjacent to a corner lot or reverse corner lot and which extends in the general direction of the lot line determining the depth of the corner or reverse corner lot.

2. “Street, principal” means that street for which the house numbering is issued and which becomes the main access to the property.

“Structure” means that which is built or constructed, or edifice or building of any kind, or any piece of work artificially built up, or composed of parts joined together in some definite manner.

T. “T” Definitions.

“Townhouses” means structures that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides.

“Transitional housing” means a facility that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.

“Triplex” means a structure with three attached dwelling units.

U. “U” Definitions.

“Unit density” means the number of principal dwelling units on a lot, regardless of lot size.

“Unit lot subdivision” means the creation of two or more unit lots within a development which are created from a parent lot and approved through the unit lot subdivision process.

“Use” means the purpose for which land or a building is designed, arranged, or intended or for which it is occupied or maintained, let or leased.

V. “V” Definitions.

“Variance” means relief from meeting the specific requirements of this title authorized by the city council after determining that the criteria for granting of variances have been satisfied.

W. “W” Definitions. Reserved.

X. “X” Definitions. Reserved.

Y. “Y” Definitions.

“Yard” means an open space other than a court on a lot, unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this title.

“Yard, front” means an area extending across the full width of the lot and lying between the principal building and the lot line abutting the public right-of-way. Properties not abutting the public right-of-way shall have the location of the front yard designated during the platting process or by the director for existing legal lots. The required depth of the front yards shall be measured by a line at right angles to the lot front line, or by the radial line or radial line extended in the case of a curved lot front line from the nearest part of the principal building to the nearest part of the front lot line.

“Yard, rear” means an area extending across the full width of the lot between the principal buildings and the rear lot lines. The required depth of the rear yard shall be measured horizontally at right angles to the rear lot line or by a radial line or radial line extended in the case of a curved lot rear line from the nearest part of the principal building to the nearest part of the rear lot line.

“Yard, side” means an open area measured from the lot side line toward the center of the lot and extending from the rear line of the required front yard, toward the lot rear line. The width of the side yard shall be measured horizontally from and be parallel to the lot side line from which it is measured.

Z. “Z” Definitions.

“Zone” means an area accurately defined as to boundaries and location on the zoning map component of the zoning map and within which area only certain types of land uses are permitted, and within which area other types of land use are excluded as set forth in this title. (Ord. 503 § 2 (Exh. A), 2025; Ord. 501 § 3, 2025; Ord. 482 § 1 (Exh. A), 2022; Ord. 475 §§ 2 – 4, 2021; Ord. 457 § 1, 2018; Ord. 445 § 2 (Exh. B), 2017: Ord. 433 § 2 (Exh. B), 2016: Ord. 388 § 1, 2011: Ord. 20.W §§ 2, 3, 2001; Ord. 20.M §§ 3.1 – 3.26, 1991)

No building, structure, or parcel of land shall be erected, altered, used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered except in conformity with the regulations specified in the text of this title for the zone in which the building, structure, and land are located, as shown on map of this division. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 4.1, 1991)

A. Nonconforming Building Type. A nonconforming building type is a building type which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the building types allowed in the current zoning district.

B. Nonconforming Structure. A nonconforming structure is a structure which lawfully existed in a zoning district prior to the adoption of this zoning code, but which does not comply with one or more requirements for the applicable zoning district in the current code for maximum height, minimum setbacks, maximum lot coverage or impervious surface coverage, or design standards.

C. Nonconforming Use. A nonconforming use is a use which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the uses that is permitted or conditionally permitted in the current zoning district.

D. Pre-existing Legal Lots. A lot which lawfully existed prior to the adoption of this zoning code, but which does not comply with one or more of the lot standards for the applicable zoning district in the current code, such as minimum lot size, minimum lot width or required access shall be deemed to be a “pre-existing legal lot,” and may also be known as a “nonconforming lot.” (Ord. 482 § 3 (Exh. A), 2022)

In their interpretation and application, provisions of this code shall be held to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other rules and regulations or ordinances, the provision of this title shall control. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 4.2, 1991)

An authorized use or structure may be constructed on a pre-existing legal lot which does not meet the minimum lot size and width at the building line for the zone in which it is located, provided the front, side and rear yard setbacks, as well as the maximum lot coverage, maximum building height, and the parking requirements as established by this title are met. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 4.3, 1991)

The lawful use of any building, structure, or land existing at the time of the enactment or amendment of applicable regulations under this title may be continued, as a legal nonconforming use even if such use does not conform with the provisions of this title, provided the following conditions are met:

A. Unsafe Structures. Nothing in this title shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

B. Alterations. No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this title shall be altered, enlarged, extended, reconstructed, replaced or structurally altered unless such use is changed to a use permitted by this title.

C. Expansion. Nonconforming use shall not be expanded, enlarged, increased, intensified, or extended to occupy a greater area of land or space, including air space, than was occupied at the effective date of adoption or amendment of this code. However, the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this title shall not be deemed the extension of such nonconforming use.

D. Changes. No nonconforming building, structure, or use shall be changed to another nonconforming use. A change in tenancy or ownership is not considered a change to another nonconforming use; provided, that the use itself remains unchanged and is not abandoned.

E. Loss of Nonconforming Status. Nonconforming status will be lost under any of the following conditions:

1. The building, structure or land has been made conforming; or

2. The use is changed; or

3. The owner of the building, structure or land discontinues or abandons the nonconforming use for a period of twelve months with the intention of abandoning that use. Discontinuance of a nonconforming use for a period of twelve months or greater, and/or the building, structure, or land being vacant for a continuous period of twelve months or greater, constitutes prima facie evidence of an intention to abandon the use. (Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M § 5 – 5.5, 1991)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, setbacks, or other characteristics of the structure, it may be continued so long as it remains otherwise lawful subject to the following provisions; provided, however, that under any of the provisions below, the then-current version of BMC Title 18, Critical Areas, shall apply:

A. Alterations. No nonconforming structure may be enlarged or altered in a way which increases its degree of nonconformity. For the purposes of this section, alteration includes demolition and construction of a new structure on the property. A nonconforming structure may be enlarged or altered in a way that satisfies the current requirements of this code, or may be modified in a way that does not increase its nonconformity, provided, however, if the value of the enlargement or alternation exceeds three hundred percent of Snohomish County’s assessed value of the structure, then such alternation shall not be allowed except to make the structure fully conforming with the code. Ordinary maintenance and repair shall be permitted.

B. Reconstruction.

1. Should a nonresidential structure be destroyed by any means other than demolition to an extent of more than fifty percent of its replacement cost at time of destruction, in the judgment of the city’s building official, it shall not be reconstructed except in conformity with provisions of this title. Otherwise it may be reconstructed to its original dimension and bulk with the previous level of nonconformity, in compliance with currently adopted building codes.

2. Single-family residential structures located in a single-family residential zoning district and in existence at the time of adoption of this code may be rebuilt after a fire or other disaster to their original dimensions and bulk.

C. Relocation. Should such structure be moved for any reason or any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

D. Loss of Nonconforming Status. Nonconforming status will be lost under any of the following conditions:

1. The building, structure or land has been made conforming; or

2. The building or structure has been modified and the value of improvements or modification exceeds three hundred percent of the assessed value of the structure; or

3. The building is a nonresidential structure that has been destroyed or damaged by any means other than demolition such that the cost to restore such damage is more than fifty percent of Snohomish County’s assessed value of the structure at time of destruction. (Ord. 482-A § 1, 2022; Ord. 482 § 2 (Exh. A), 2022; Ord. 20.M §§ 6 – 6.4, 1991)

Repealed by Ord. 442. (Ord. 20.W § 4, 2001: Ord. 20.M § 7.1, 1991)

The purpose of this chapter is to:

A. Protect residential areas from adverse impacts of activities associated with home occupations;

B. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income;

C. Establish criteria and development standards for home occupations conducted in dwelling units and certain accessory buildings in zones where residential dwelling units are allowed. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 20.M § 8.1, 1991)

“Employee” means:

1. In a sole proprietorship, any individual hired by the proprietor to work for and in the business in any capacity;

2. In a partnership, any individual engaged in the conduct of the business, except one partner;

3. In a corporation, all persons engaged in the course of business, including corporate officers and those hired by the corporation as workers of any kind.

4. For the purposes of this chapter, the definition of “employee” does not include a resident provider, resident entity representative, resident manager, or resident caregiver of an adult family home, group home, or family daycare provider.

“Full-time basis,” for the purposes of this chapter, means an employee working forty or more hours per week at the location of the home occupation.

“Home agriculture business,” for the purposes of this chapter, means use of a property to cultivate, harvest, and/or process crops and living plants for sale in conjunction with an approved home occupation business license. The definition of “home agriculture business” expressly does not include the cultivation, harvesting, and/or processing of crops or living plants that would require a license from the Washington State Liquor and Cannabis Board or that are illegal under federal law.

“Home occupation” means an occupation or business activity which:

1. Results in a product or service that is conducted in whole or in part in the dwelling unit (including a garage or workshop in the dwelling unit) or in an accessory building or outdoor spaces on the same lot as the dwelling unit; and

2. Is clearly subordinate to the residential use of the dwelling unit.

A home occupation does not include garage sales, yard sales, bake sales and similar activities, as long as they do not occur more than three times a year on the lot that contains the dwelling unit. A home occupation also does not include short term rentals, as defined in BMC 17.04.040. (Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 457 § 2, 2018: Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 20.M § 8.2, 1991)

All home occupations must have a home occupation business license, which must be issued and renewed annually in accordance with this chapter and Chapter 5.04 BMC, to the extent Chapter 5.04 BMC is consistent with this chapter. All applications for a business license and all applications for business license renewal must be submitted through the Business Licensing Service as prescribed in Chapter 5.04 BMC, but will be reviewed and approved by the city clerk in accordance with this chapter. In addition, all home occupations must be in compliance with all applicable provisions of the Brier Municipal Code. Any additional required permits for the home occupation, such as a building permit, a land disturbing activity permit, etc., must either be obtained prior to the issuance of the initial home occupation license under this chapter and Chapter 5.04 BMC or the issuance of the home occupation permit may be conditioned upon the applicant obtaining such permits prior to starting business. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 20.W § 5, 2001: Ord. 20.M § 8.3, 1991)

The home occupation business license fees, and renewal business license fees, shall be established by the city council pursuant to Chapter 3.04 BMC as amended from time to time. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012)

A. Home occupations shall be permitted in single-family residential zoning districts, provided they meet all of the following criteria:

1. The home occupation shall utilize no more than twenty-five percent of the square footage of the dwelling unit on the subject lot or one thousand two hundred fifty square feet, whichever is less. If the home occupation is located in an accessory building, as defined by BMC 17.04.040(A), the allowed floor area devoted to the home occupation shall be based upon the square footage of the dwelling unit. For home occupations using both the dwelling unit and an accessory building, the combined square footage shall be limited to no more than twenty-five percent of the dwelling unit or one thousand two hundred fifty square feet, whichever is less. Home occupations in accessory buildings requiring a larger floor area shall require city council approval and shall not exceed ten percent of the lot size.

For family daycare providers, adult family homes, and group homes, the floor area for the home occupation shall include only the floor area used for performing the paperwork for the operation.

The exterior component of a home agriculture business shall be limited to fifty percent of the lot size. All business activities including compost stations, storage, etc., shall be located a minimum of seven feet from the property line. Depending on the scope of the use and its impacts, the use may be subject to compliance with the city’s stormwater code (Chapter 14.04 BMC), critical areas (BMC Title 18), land disturbing activities code (Chapter 19.24 BMC), landscaping standards (Chapter 17.50 BMC), and tree protection (Chapter 17.52 BMC). The use may be conditioned to mitigate impacts, including requiring stormwater control or mitigation measures, and, for home agricultural businesses, requiring restoration of the property when the agricultural business is no longer in operation or otherwise licensed under this chapter, such as stabilization or installation of landscaping in accordance with Chapter 17.50 BMC.

2. The home occupation shall be clearly incidental and secondary to the use of the property for residential purposes.

3. The home occupation must be carried on by permanent occupant(s) of the dwelling unit with not more than three nonresident persons being employed on a full-time basis or the equivalent of full-time hours. Persons engaged in building trades or similar fields using the property as an office for business activities carried out off the premises may have more employees if such employees do not work on the premises.

4. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products to the public, except that retail sales may be made in conjunction with other permitted home occupations.

Products may be sold over the internet or by appointment provided the pickups and deliveries do not exceed the number of trips allowed in BMC 17.12.050(A)(9).

Home agriculture businesses may produce products to sell at other locations such as farmers markets; subscriptions for delivery; or by pickup at the property by appointment provided the traffic does not exceed the average number of trips allowed in BMC 17.12.050(A)(9).

5. The property at which the home occupation is located shall be residential in character with activities and storage contained within the dwelling unit or an accessory building, except for outdoor play areas required for family daycare providers per Chapter 110-300 WAC and planting beds for home agriculture businesses.

6. The home occupation and activities associated with such home occupation shall be visually buffered from adjacent land uses. Fencing and/or landscaping may be required by the director or city council, as applicable, to mitigate the impacts of the home occupation on adjacent land uses.

7. There shall be no externally visible storage of business materials, except plants and items incidental to home agricultural businesses and outdoor play areas for family daycare providers per Chapter 110-300 WAC.

8. Electrical or mechanical equipment or processes that create visible or audible interference in radio or television receivers or fluctuations in line voltage outside the dwelling unit or outside a detached garage or workshop that contains the home occupation, or which create a hazard or nuisance such as noise, vibration, dust, heat, odors, glare, fumes or fire hazards, shall be prohibited.

9. The home occupation shall not generate significantly greater traffic volume than would normally be associated with residential use and shall not create a nuisance to the neighborhood. Visits from customers, clients, pickups, or deliveries associated with the business shall not exceed an average of one vehicle per hour during the hours of operation allowed in BMC 17.12.050(A)(12). The city council may establish additional conditions for properties where increased traffic would create neighborhood impacts. For family daycare providers, no more than two additional trips per day per child who does not reside at the dwelling unit shall be permitted. Drop-off and pick-up times shall be staggered to the maximum extent practicable to minimize the impact to adjacent streets and properties.

10. A minimum of one improved off-street parking space shall be provided for customers. An improved off-street parking space shall be provided for each nonresident employee parking a personal vehicle at the home occupation. Trailers and work vehicles must be stored on an improved space as per Chapter 17.48 BMC.

11. No internal or external alterations involving a change in the fire rating of the structure shall be permitted.

12. The hours of operation for any home occupation shall be within the following time periods: seven a.m. to eight p.m., Mondays through Fridays and nine a.m. to six p.m., Saturdays. Family daycare providers may commence operation as early as six a.m.; however, no outdoor play shall be permitted before seven a.m. Adult education classes shall be required to terminate by nine-thirty p.m. Work associated with a home occupation that is not detectable from outside the home (for example, that involves writing only) is exempt from the foregoing hour limitations.

13. Adult education classes shall be held no more frequently than fifteen times per month in order to be considered a home occupation. Classes that meet more frequently than three times in any seven-day period shall be subject to conditional use permit requirements as described in BMC 17.36.050.

14. The home occupation shall not result in significant adverse impacts to adjacent land uses.

15. One sign shall be allowed, which shall not exceed six square feet, shall not be illuminated, and shall comply with the sign ordinance of the city. A sketch of the proposed sign shall accompany the home occupation business license application.

16. All home occupations shall be subject to inspection, pursuant to Chapter 5.04 BMC.

17. The home occupation shall comply with all the requirements of the city’s nuisance and noise ordinances.

18. If two or more home occupations shall operate on one property, the combined home occupations shall comply with the foregoing performance standards.

B. Conditions. The city may impose additional conditions to mitigate any potential adverse impacts of the home occupation to the adjacent land uses and/or to ensure that the use complies with the Brier Municipal Code. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 350 § 1, 2007: Ord. 343 § 1(part), 2007; Ord. 20.M § 8.4, 1991. Formerly 17.12.040)

A. In addition to the submittal requirements of BMC 5.04.040(A), the home occupation business license applicant must also provide directly to the city the following information for review:

1. A written statement describing in sufficient detail the nature of the home occupation and impacts to adjacent land uses;

2. A written statement fully addressing how the proposed home occupation satisfies each of the decision criteria in BMC 17.12.050;

3. A site plan which is shown at scale and that shows improved parking spaces and all outdoor areas such as planting areas designated for the home occupation, including additional impervious surface, total area of disturbed land, and any new or additions to structures on the lot;

4. A floor plan for the dwelling unit and any accessory buildings proposed for use as a home occupation showing:

a. The floor area of the total dwelling unit and any accessory buildings proposed for use;

b. The square footage of the lot if any outdoor space is proposed for the home occupation and the square footage and location of the area devoted to the home occupation.

5. If the applicant is other than the property owner, the property owner shall sign an acknowledgment that the property owner concurs in and authorizes the application;

6. A list of any other applicable permits required for the use (i.e., building permit, land disturbing activity permit, etc.) with references sufficient to describe those application(s); and

7. For a proposed home occupation that is subject to city council review, the application shall contain the names and addresses of the owners of property within three hundred feet of the home occupation property, together with stamped and addressed legal size envelopes (with no return address) for each of such property owners.

B. Upon review of a complete home occupation business license application and completion of any inspection per BMC 5.04.110, the director shall take one of the following actions:

1. Forward the application to city council for decision pursuant to subsection C of this section if the home occupation would result in any of the following:

a. Customers and/or employees, as defined in BMC 17.12.020, coming to the premises;

b. Commercial deliveries to or from the premises in excess of the number of trips allowed under BMC 17.12.050(A)(9) per week;

c. Manufacturing with machinery that does not meet the requirements of BMC 17.12.050(A)(8);

d. Storage of equipment or supplies outside of a structure;

e. Recurring noise that does not meet the requirements of BMC 17.12.050(A)(8);

f. Structural modifications;

g. Use of the exterior for home agriculture businesses; or

h. Use of additional floor area in a detached structure in excess of BMC 17.12.050(A)(1).

2. Approve the application;

3. Approve the application with conditions necessary to ensure compliance with this chapter and with other applicable provisions of the Brier Municipal Code;

4. Request additional information regarding the type and nature of the proposed business or the responsible party; or

5. Deny the application as provided in BMC 5.04.040(C).

C. New home occupation business license applications that do not qualify for administrative review per subsection B of this section shall be reviewed by the city council using the following procedures:

1. The city council shall hold a quasi-judicial open record public hearing on the application.

2. Notice of City Council Hearing. After city staff completes the report on the application, the city clerk shall set a date for the public hearing and provide notice of the public hearing. The notice of the public hearing shall contain the following information:

a. A statement of the nature of the home occupation permit application;

b. The date, hour and location of the hearing; and

c. A vicinity sketch and a nonlegal description of the location of the subject property.

The city clerk or designee shall post the notice at the official posting locations of the city not less than ten days prior to the date of the public hearing. The city clerk or designee shall publish the notice in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. The mayor or designee shall send the notice by regular U.S. mail to the owners of property as shown on the records of the county assessor within three hundred feet of the subject property. The mayor or designee shall post the notice in a conspicuous place on each side of the subject property that is adjacent to an improved public right-of-way, or if there is no improved public right-of-way adjacent to the property, on the side of the property that is most visible to the public.

If for any reason the public hearing before the city council cannot be completed on the date set for the hearing, the city council may continue the hearing to a designated time and location. Notice of the continued hearing shall be given pursuant to the requirements of RCW 42.30.090 and 42.30.100.

3. At the hearing, the city council shall take testimony from the applicant and the applicant’s witnesses, all persons supporting or opposing the application and city staff and consultants regarding the application and the proposed home occupation.

4. Following the conclusion of the hearing, the city council shall make a final determination on the application, and may:

a. Approve the application;

b. Approve the application with conditions necessary to ensure compliance with this chapter; or

c. Deny the application as provided in BMC 5.04.040(C).

D. Upon approval of an application and verification that all improvements and/or measures required by the city council are in place, the city clerk shall issue the license and deliver it to the applicant. Upon denial of the application, the city clerk shall notify the applicant that the application has been denied.

E. Reapplication. If the city council denies a home occupation application, the city shall not accept an application for the same proposal on the subject property within six months from the date of entry of the decision; provided, that the mayor or designee may authorize the processing of an application for a home occupation permit if the applicant demonstrates that changed conditions on the subject property or surrounding property justify the reapplication prior to the six-month period.

F. Appeals. Any appeal of the decisions under this chapter shall be in accordance with BMC 1.20.040. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017: Ord. 435 § 3 (part), 2016; Ord. 390 § 1 (Exh. A) (part), 2012: Ord. 343 § 1(part), 2007; Ord. 20.W §§ 6, 7, 2001; Ord. 20.M § 8.5, 1991. Formerly 17.12.050)

All home occupation business licenses shall be valid for a period of one year, unless otherwise provided for in this chapter or Chapter 5.04 BMC. Such licenses may be renewed in compliance with BMC 17.12.080. Any change in the owner or operator of the residence in which a home occupation is conducted, whether by conveyance, under will or inheritance, by assignment or other transfer in whole or in part, or change in business location, shall require application for a new business license. A new application must also be submitted when a business that originally received administrative approval changes its operations such that it now no longer meets the requirements for administrative review under BMC 17.12.060(B), but instead must be reviewed and approved by the city council under BMC 17.12.060(C). For example, if employees or customers begin coming to the property or the applicant proposes to expand an existing home agriculture business beyond what was approved on the original site plan. (Ord. 478.A § 1 (Exh. A), 2022; Ord. 478 § 1 (Exh. A), 2021; Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)

Home occupation business license renewal shall be processed pursuant to BMC 5.04.140. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)

Inspections shall be conducted pursuant to BMC 5.04.110. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)

Violations of this chapter shall be enforced pursuant to BMC 5.04.160. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)

Revocations of a home occupation business license shall be conducted pursuant to BMC 5.04.100. (Ord. 468 § 4 (Exh. A), 2020; Ord. 445 § 3 (Exh. C) (part), 2017)

In order to carry out the purpose of this section, the following zone classifications are established:

(Ord. 482 § 4 (Exh. A), 2022; Ord. 20.M § 10.1, 1991)

The boundaries of such use districts as shall be established and shall be shown on the official zoning map of the city, on file in the office of the city clerk, which map, with all explanatory matter thereon, shall be deemed to accompany and is by this reference incorporated herein as though fully set forth and herein made a part of this title. (Ord. 482 § 4 (Exh. A), 2022; Ord. 20.M § 10.2, 1991)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning maps, the following shall apply:

A. Where district boundaries are indicated as approximately following the center line of streets, alleys or highways, the actual center line shall be construed to be the boundary.

B. Where district boundaries are indicated as running approximately parallel to the center line of a street, the boundary line shall be construed to be parallel to the center line of the street.

C. Where district boundaries are indicated on such maps as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district.

D. Where a district boundary on such sectional maps divides a tract of unsubdivided property, the location of such use district boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on such zone map.

E. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion shall revert shall apply to such vacated or abandoned street or alley.

F. In case any uncertainty exists, the planning commission shall recommend and the city council shall determine the location of boundaries. (Ord. 482 § 4 (Exh. A), 2022; Ord. 20.M § 10.3, 1991)

The provisions of this title have been formulated and prepared in accordance with the comprehensive plan as adopted by the city. (Ord. 482 § 4 (Exh. A), 2022; Ord. 20.M § 10.4, 1991)

Land within the use districts established by this chapter may fall within environmentally sensitive areas and shall be subject to the requirements of the city’s environmentally sensitive areas ordinance. (Ord. 482 § 4 (Exh. A), 2022; Ord. 20.M § 10.5, 1991)

A. Purpose. The purpose of the residential use districts is to provide an area for single-family residential development while retaining the city’s semi-rural character and lifestyle.

B. Permitted Uses. The following uses are permitted outright provided all other applicable requirements of this title and other ordinances of the city are met:

1. Single-family dwelling of a permanent character placed in a permanent location;

2. Accessory dwelling units;

3. Duplexes;

4. Triplexes;

5. Townhouses;

6. Cottage housing;

7. Multifamily;

8. Accessory buildings and structures, provided:

a. That in the aggregate they do not occupy more than ten percent of the total area of the lot;

b. Accessory buildings shall conform to all setback regulations as set forth in BMC 17.29.010(C), except rear yard setback can be seven feet minimum;

c. Accessory dwelling units shall not be included as accessory buildings and structures;

9. Home occupations; provided, that such home occupation meets the requirements of Chapter 17.12 BMC;

10. Adult family homes, family daycare providers and group homes; provided:

a. The operator is certified to operate by the state of Washington pursuant to:

i. Adult family homes, Chapter 388-76 WAC;

ii. Family daycare providers, Chapter 43.216 RCW; or

iii. Group homes, Chapter 110-145 WAC; and

b. The adult family home, family daycare provider or group home is located in the dwelling unit occupied by the licensed operator;

c. The business obtains a home occupation business license pursuant to the requirements of Chapter 17.12 BMC;

d. The dwelling unit shall comply with all minimum applicable building, fire, safety, and health regulations;

11. Foster homes licensed pursuant to Chapter 110-148 WAC;

12. Home animal agriculture, provided the requirements of Chapter 6.20 BMC are met;

13. Municipally owned and operated buildings and structures including but not limited to libraries, city offices, and public works facilities.

C. Conditional Uses. The following uses may be permitted as a conditional use, provided there has been compliance with the dimensional requirements of this subsection. In addition, other potential negative effects that require mitigation as specifically identified during hearing and review, including but not limited to noise, light and glare, etc., and not otherwise covered by SEPA environmental review, may be made a condition of approval for any conditional use set forth below:

1. Places of religious worship, provided the following requirements are met:

a. Seating capacity is limited to four hundred;

b. Dimensional standards shall be equal to that required for primary residential buildings except that a minimum building setback from all property lines of fifty feet shall be required;

c. The development shall comply with the landscaping standards contained in Chapter 17.50 BMC;

d. Off-street parking shall be provided in the ratio of one parking space for every three seats in the place of religious worship; and

e. The place of religious worship shall be located on major traffic streets as classified in the transportation element of the Brier comprehensive plan;

2. Parks and recreation areas for the private use of residents of subdivisions and short plats, provided the area is designated on the face of the plat and approved as part of the platting process;

3. Schools, public and private;

4. Secure community transition facilities, as defined by RCW 71.09.020(16). A secure community transition facility, as defined by RCW 71.09.020(16), shall not be sited without the applicant first applying for, and obtaining, a conditional use permit. In conjunction with the application for a conditional use permit, the applicant shall demonstrate that the facility:

a. Provides adequate landscaping and ground cover to sufficiently screen the facility and blend with single-family residential housing consistent with Chapter 17.50 BMC;

b. Provides adequate on-site parking to accommodate the proposed use and all activities carried on in conjunction therewith;

c. Provides a site development plan showing the size and location of all specific structures and proposed use of each structure, as well as architectural renderings showing the exterior and interior building configuration, design, and use;

d. Provides for mitigation of off-site impacts, including light, glare, and noise;

e. Shall house no more than three persons, excluding resident staff; and

f. Meets all of the requirements of RCW 71.09.285, and all regulations adopted by the Department of Social and Health Services;

5. Fire Stations. A fire station may be sited in all residential zones as a conditional use; provided, that in locating the fire station, the following conditions shall be met:

a. The location shall be such that potential off-site impacts be reasonably mitigated as to not unreasonably impact surrounding residential uses; and

b. The development shall comply with the landscaping standards contained in Chapter 17.50 BMC;

6. Permanent Supportive Housing or Transitional Housing. The dwelling unit shall comply with all of the standards for a single-family home in the underlying zone and shall be limited to a maximum occupancy as follows:

a. There shall be a non-kitchen common area which shall contain a minimum of one hundred twenty square feet if the maximum occupancy under subsection (C)(6)(c) of this section is five or fewer occupants and a minimum of one hundred fifty square feet if the maximum occupancy under subsection (C)(6)(c) of this section is six or more occupants;

b. Kitchens, common areas, and nonhabitable spaces shall not be used as dedicated sleeping areas; and

c. The maximum occupancy of the dwelling unit shall be based on the number of bedrooms contained in the unit. Maximum occupancy shall not be more than two people per bedroom plus one additional person. However, as part of the conditional use permit process, the applicant may request to increase occupancy above this standard by an additional person for any bedroom that is one hundred seventy square feet in size or larger;

7. New septic systems pursuant to Chapter 13.12 BMC;

8. Failed septic systems that require rebuilding or replacement pursuant to Chapter 13.12 BMC.

D. Prohibited Uses. Short term rentals, as defined in BMC 17.04.040, are prohibited in all residential use districts and residential zones. Any use in residential zones that is not specifically permitted or conditionally permitted shall be prohibited. (Ord. 503 § 2 (Exh. A), 2025; Ord. 482 § 5 (Exh. A), 2022; Ord. 475 § 5, 2021; Ord. 468 § 5 (Exh. A), 2020; Ord. 457 § 3, 2018; Ord. 445 § 4 (Exh. D), 2017: Ord. 433 § 3 (Exh. C), 2016; Ord. 351 § 4, 2007: Ord. 338¹ § 1, 2006; Ord. 20X.a §§ 1, 2, 2003; Ord. 20.X § 1, 2002; Ord. 20.W §§ 9, 10, 11, 2001; Ord. 20.M § 11.1, 1991)

    Code reviser’s note: Section 3 of Ordinance No. 338 provides as follows: “The Council does hereby direct that the Planning Commission shall conduct hearings and make a recommendation whether to make this Ordinance in addition to Conditional Uses, permanent. Following hearings by the Commission, the final recommendation by the Planning Commission shall be considered by the Council and further action taken by the Council which may include a repeal of the Emergency Ordinance, an amendment of the ordinance and other action as the Council sees fit.”

A. Minimum lot area: twelve thousand five hundred square feet.

B. Minimum width: eighty feet at building line with a minimum of forty-five feet of frontage at street.

C. Minimum setbacks:

1. Front yard as defined in BMC 17.04.040: thirty-five feet from the lot line abutting the public right-of-way.

If the right-of-way is designated to be widened, the front yard setback may be required to be up to sixty-five feet from the center of the street right-of-way and the setback for a side yard abutting a street may be required to be up to fifty-five feet from the center of the street right-of-way, depending on the designated width of the new right-of-way.

Lots not abutting a public street shall have a thirty-five-foot front yard setback. The location of the front yard shall be designated as part of the platting process or by the director for existing legal lots.

For flag lots, the property line that most closely parallels the street from which the lot gains its access shall be deemed the front lot line and front yard setbacks shall be measured from that line.

A minimum seven-foot setback from the edge of the pavement within any private ingress or egress easement to any existing or proposed structure on the property subject to any project permit or project permit application; and fourteen feet from the edge of the pavement within the private ingress or egress easement to any existing structure on neighboring properties shall be required for any new property where the private ingress or egress easement serves more than two lots.

2. Side yard: seven feet minimum on one side. The combined total of the two side yards shall be a minimum of twenty feet.

3. Rear yard: twenty-five feet.

4. Corner lots: Buildings abutting more than one public street (corner lots) are required to have a thirty-five-foot setback for the designated front yard and a fifteen-foot setback for the other side abutting a public street. For such corner lots, the lot line opposite the thirty-five-foot setback shall have a twenty-five-foot setback. All other setbacks will be side yard setbacks with a minimum seven feet.

D. Maximum lot coverage: forty-five percent.

E. Maximum building height: thirty feet.

F. Parking requirements: see Chapter 17.48 BMC.

G. Landscaping requirements: see Chapter 17.50 BMC. (Ord. 503 § 2 (Exh. A), 2025; Ord. 482 § 6 (Exh. A), 2022; Ord. 443 § 1 (Exh. A), 2016: Ord. 442 § 2 (Exh. B), 2016: Ord. 430 § 2(Exh. B)(part), 2016: Ord. 20.W § 13, 2001; Ord. 20.O §§ 4, 5, 6, 1996; Ord. 20.N § 1(part), 1992; Ord. 20.M § 11.3, 1991)

A. Purpose. The purpose of this middle housing section is to:

1. Implement Engrossed Second Substitute House Bill 1110 and Engrossed Substitute Bill 2321, codified in RCW 36.70A.030, 36.70A.280, 36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 43.21C.495, and 43.21C.450 and Chapters 64.32, 64.34, 64.38, and 64.90 RCW, by providing land use, development, design, subdivision, and other standards for middle housing developed on all lots zoned predominantly for residential use in applicable cities.

2. If necessary, supersede, preempt, and invalidate the city’s development regulations that conflict with this section until such time the city takes all actions necessary to implement RCW 36.70A.635, if the city has not taken action necessary to implement RCW 36.70A.635 by the time frame required by RCW 36.70A.635(11). The model ordinance shall remain in effect until the city has taken all necessary actions to implement RCW 36.70A.635.

B. General Provisions.

1. Nothing in this section prohibits the city from permitting detached single-family residences.

2. Nothing in this section prohibits the city from requiring any development, including middle housing development, to provide affordable housing, either on site or through an in-lieu payment, nor limit the city’s ability to expand or modify the requirements of an existing affordable housing program enacted under RCW 36.70A.540.

3. Nothing in this section requires the issuance of a building permit if other federal, state, and local requirements for a building permit are not met.

4. Nothing in this section affects or modifies the responsibilities of the city to plan for or provide “urban governmental services” as defined in RCW 36.70A.030.

5. The city shall not approve a building permit for middle housing without compliance with the adequate water supply requirements of RCW 19.27.097.

6. The city shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences but may apply any objective development regulations that are required for detached single-family residences, including, but not limited to, setback, lot coverage, stormwater, clearing, public and private utility availability, and tree canopy and retention requirements.

7. The same development permit and environmental review processes shall apply to middle housing that apply to detached single-family residences, unless otherwise required by state law including, but not limited to, shoreline regulations under Chapter 90.58 RCW, building codes under Chapter 19.27 RCW, energy codes under Chapter 19.27A RCW, or electrical codes under Chapter 19.28 RCW.

8. Conflicts. In the event of a conflict between this section and other development regulations applicable to middle housing, the standards of this section control except that this section shall not apply to shoreline regulations under Chapter 90.58 RCW.

C. Applicability.

1. The provisions of this section shall apply to all lots zoned predominantly for residential use, unless otherwise noted.

2. The provisions of this section shall not apply to:

a. Portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use; provided, that any requirements to maintain aquifer recharge are met.

b. A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under Section 303(d) of the Federal Clean Water Act (33 U.S.C. 1313(d)).

c. Lots that have been designated urban separators by countywide planning policies as of July 23, 2023.

d. A lot that was created through the splitting of a single residential lot.

D. Unit Density.

1. The permitted unit density on all lots zoned predominantly for residential use is three units per lot, unless zoning permitting higher densities or intensities applies. The three units shall consist of a primary single-family dwelling unit and two accessory dwelling units.

2. The standard of subsection (D)(1) of this section does not apply to lots after subdivision below one thousand square feet.

E. Middle Housing Types Allowed. Subject to the requirements of RCW 36.70A.635(5), on all lots zoned predominantly for residential use the following uses are permitted by right, subject to permitted density requirements of subsection D of this section:

1. Duplexes.

2. Triplexes.

3. Fourplexes.

4. Fiveplexes.

5. Sixplexes.

6. Townhouses.

F. Dimensional Standards.

1. Applicability. The city shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences but may apply any objective development regulations that are required for detached single-family residences. This includes, but is not limited to, the following types of dimensional standards: building height, setbacks, lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and landscaped area standards.

2. Density. Lot area requirements and unit density shall comply with subsection D of this section.

G. Design Standards.

1. Applicability.

a. These standards apply to all middle housing types developed with up to three units on a lot constructed after the date of the ordinance codified in this section.

b. These design standards do not apply to the conversion of a structure to a middle housing type with up to four attached units if the floor area of the structure does not increase more than fifty percent.

2. Purpose. The purpose of these standards is to:

a. Promote compatibility of middle housing with other residential uses, including single-family houses.

b. De-emphasize garages and driveways as major visual elements along the street.

c. Provide clear and accessible pedestrian routes between buildings and streets.

3. Design Review. The process used for reviewing compliance with middle housing design standards shall be administrative design review.

4. Pedestrian Access. A pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement.

5. Vehicle Access, Carports, Garages and Driveways.

a. Garages and off-street parking areas shall not be located between a building and a public street, except when either of the following conditions are met:

i. The garage or off-street parking area is separated from the street property line by a dwelling unit.

ii. The combined width of all garages and outdoor on-site parking and maneuvering areas does not exceed a total of fifty percent of the length of the street frontage property line. This standard applies to buildings and not individual units.

b. All detached garages and carports shall not protrude beyond the front building facade.

c. The total width of all driveway approaches shall not exceed forty feet per frontage, as measured at the property line. Individual driveway approaches shall not exceed twenty-four feet in width.

6. Unit Articulation. Each attached unit featuring a separate ground level entrance in a multi-unit building facing the street shall include at least one of the following. Facades separated from the street by a dwelling are exempt from this standard.

a. Roofline change or a roof dormer with a minimum of four feet in width.

b. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room.

c. A bay window that extends from the facade a minimum of two feet.

d. An offset of the facade of a minimum of two feet in depth from the neighboring unit.

H. Subdivision.

1. Generally. Regulations for subdivisions, short subdivisions, binding site plans, and planned unit developments shall not be more restrictive for middle housing than for detached single-family residences.

2. Unit Lot Subdivisions. A lot may be divided into separately owned unit lots, provided the following standards are met:

a. Approval Process. Unit lot subdivisions follow the application, review, and approval procedures for a short subdivision or subdivision, depending on the number of lots.

b. Applicability. Sites to be developed with middle housing, detached accessory dwelling units, and multiple detached single-family residences on a lot in which no dwelling units are stacked on another dwelling unit may be subdivided into individual unit lots as provided herein.

c. Development as a whole on the parent lot, rather than individual unit lots, shall comply with applicable unit density and zoning dimensional standards.

d. Subsequent platting actions, additions, or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.

e. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association shall be executed for use and maintenance of common garage, parking and vehicle access areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features shall be recorded with the county auditor.

f. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use the parking is formalized by an easement recorded with the county auditor.

g. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit lots.

h. Notes shall be placed on the face of the plat or short plat as recorded with the county auditor to state the following:

i. The title of the plat shall include the phrase “unit lot subdivision.”

ii. Approval of the development on each unit lot was granted by the review of the development, as a whole, on the parent lot.

i. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the public works department. All development shall be subject to any conditions imposed by the city on the preliminary approval.

j. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures for a short subdivision or subdivision. (Ord. 503 § 2 (Exh. A), 2025)

An accessory dwelling unit (ADU) may be permitted anywhere a new or existing single-family dwelling unit (hereafter, “principal unit”) is allowed subject to the following requirements:

A. An ADU may be allowed on any lot that meets the minimum lot size and minimum lot width requirements of the underlying zone.

B. An ADU shall comply with the development standards of the underlying zone for the principal unit including setbacks, height, and lot coverage, except as modified by this code.

C. An ADU may be attached or detached from the principal unit and may be attached to another ADU.

D. Two ADUs may be created per lot. The lot shall only contain one single-family dwelling unit and a maximum of two ADUs.

E. The ADU shall be limited to one thousand square feet of floor area. Floor areas shall be exclusive of garages, porches, storage areas, and unfinished basements.

F. An ADU shall comply with the parking requirements of Chapter 17.48 BMC.

G. Any ADU shall be designed so that the appearance of the building remains that of a single-family residence and should architecturally blend into the existing neighborhoods through careful design. The exterior of an ADU shall have siding and roofing which in color, material and appearance are comparable to the predominant materials of the primary dwelling unit and/or characteristics of the neighborhood.

H. An ADU may be converted from existing structures, including but not limited to detached garages, even if the existing structure violates current zoning code requirements for setbacks or lot coverage. The converted structure shall comply with all other applicable regulations including, but not limited to, zoning, fire, building, water, sewer, stormwater and access requirements.

I. When development of an ADU is for people with disabilities, the director may allow reasonable deviation from the stated requirements to install features that facilitate accessibility such as those required by the International Building Code.

J. An ADU shall be required to be served by water and sewer or an approved septic system per Chapter 246-272A WAC and the Snohomish health district.

K. An ADU may be segregated from the principal unit for ownership purposes regardless of whether the property owner resides in any of the units on the property. Any ADU segregated from the principal unit for ownership purposes shall be connected to public sewer and may not utilize an on-site septic system.

L. A detached ADU may be located twenty feet from rear property lines.

M. A detached ADU may be sited at a lot line if the lot line abuts a public alley.

N. Vehicle access for ADUs shall comply with the current, adopted version of the International Fire Code. (Ord. 503 § 2 (Exh. A), 2025)

The purpose of the neighborhood business zone is to provide the opportunity for the development and operation of locally oriented retail, convenient consumer, and personal services which generally conform to the comprehensive plan of the city. By providing design review and conditional use approval for some uses serving the broader community and/or projects with the potential for greater impact to the community because of their scale or use of the outdoor spaces of the property, it is the further objective of the neighborhood business zone to maintain a limited intensity of land use and a scale and character of development compatible with the neighborhood residential areas. Hours of operation shall be limited to five a.m. to eleven p.m. daily, including deliveries. (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011: Ord. 20.M § 11.4(part), 1991)

The following uses are permitted in the neighborhood business (BN) zone provided they do not exceed four thousand square feet in gross floor area and are conducted wholly within an entirely enclosed building:

A. Full-service neighborhood grocery which provides a full range of goods and services, including but not limited to fresh produce and fresh meat and butcher services;

B. Postal office;

C. Restaurant, cafe, and/or delicatessen (not including drive-ins or drive-up windows);

D. Flower shop;

E. Personal service shop (such as a barber);

F. Day-care nursery;

G. Adult family homes, family daycare providers and group homes, provided:

1. The operator is certified to operate by the state of Washington pursuant to:

a. Adult family homes, Chapter 388-76 WAC; or

b. Family daycare providers, Chapter 43.216 RCW;

c. Group homes, Chapter 110-145 WAC;

2. The adult family home, family daycare provider or group home is located in the dwelling unit occupied by the licensed operator;

3. The business obtains a home occupation business license pursuant to the requirements of Chapter 17.12 BMC; and

4. The dwelling unit shall comply with all minimum applicable building, fire, safety and health regulations;

H. Garden supply shop (provided there is no outdoor storage of tools or equipment);

I. Hardware store (provided there is no outdoor storage or display of materials);

J. Bakery, retail;

K. Liquor sales, only as permitted by a Washington State Liquor and Cannabis Board liquor license and only in conjunction with a full-service neighborhood grocery or a family restaurant offering a wide range of menu choices and sit-down service with on-premises consumption. Any restaurant that serves alcoholic beverages shall be subject to but not limited to the following constraints:

1. Televisions that can be viewed by customers are subject to the following limitations:

a. Maximum screen size of sixty inches;

b. Maximum number of two televisions that can be viewed by customers;

2. No gaming such as pool tables, arcade games, cards, darts, or similar activities;

3. No gambling of any kind;

4. All customer areas must be open to all ages;

5. No live entertainment of any kind or any activity that would promote a nightclub-like atmosphere.

The intent of this subsection is to provide for family restaurants that may serve alcohol supplemental to meals, and prohibit any tavern, bar, or sports-bar-like atmosphere;

L. Limited banking services (provided there is no drive-up window). (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 445 § 5 (Exh. E), 2017: Ord. 388 § 2(part), 2011: Ord. 376 § 1, 2010; Ord. 20.W § 14, 2001; Ord. 20.P § 1, 1996; Ord. 20.M § 11.4(part), 1991)

In a BN zone, the following uses are permitted only with conditional use permit approval:

A. Dwelling units, attached or detached to the principal permitted use, only when not located on the ground floor along the street front and only when used as a residence for the caretaker or resident owner of a permitted use. The ground floor front of the structure shall be reserved for commercial or office uses;

B. Offices. For the purpose of this section an office is space used primarily for on-site office work, staff meetings, client visits, and associated storage. The storage must be within the structure;

C. Permitted uses specified in BMC 17.30.020 that exceed four thousand square feet in gross floor area;

D. Coffee stands with drive-up windows;

E. The following uses when not conducted wholly within an entirely enclosed building:

1. Flower sales;

2. Outdoor seating at a restaurant, cafe, or delicatessen;

3. Produce stalls;

F. New structures;

G. Remodel that results in more than a ten percent increase in the square footage of the existing structure.

H. Permanent Supportive Housing or Transitional Housing. The dwelling unit shall comply with all of the standards in subsection A of this section and shall be limited to a maximum occupancy as follows:

1. There shall be a non-kitchen common area which shall contain a minimum of one hundred twenty square feet if the maximum occupancy under subsection (H)(3) of this section is five or fewer occupants and a minimum of one hundred fifty square feet if the maximum occupancy under (H)(3) of this section is six or more occupants.

2. Kitchens, common areas, and nonhabitable spaces shall not be used as dedicated sleeping areas.

3. The maximum occupancy of the dwelling unit shall be based on the number of bedrooms contained in the unit. Maximum occupancy shall not be more than two people per bedroom plus one additional person. However, as part of the conditional use permit process, the applicant may request to increase occupancy above this standard by an additional person for any bedroom that is one hundred seventy square feet in size or larger. (Ord. 482 § 7 (Exh. A), 2022; Ord. 475 § 6, 2021; Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011: Ord. 351 § 5, 2007: Ord. 20.P § 2, 1996: Ord. 20.M § 11.4(part), 1991)

All uses in the BN zone not permitted in BMC 17.30.020 or 17.30.030 are prohibited, including, but not limited to:

A. Gambling of any kind;

B. Nude or topless entertainment;

C. Rental, sale or viewing of X-rated videos; and

D. Short term rentals, as defined in BMC 17.04.040. (Ord. 468 § 6 (Exh. A), 2020; Ord. 457 § 4, 2018: Ord. 388 § 2(part), 2011: Ord. 20.P § 2, 1996: Ord. 20.M § 11.4(part), 1991)

The following criteria shall be applied to electric vehicle charging stations. Administrative approval through a site plan is required.

A. Allowed as Accessory Use. Electric vehicle charging stations shall be allowed as an accessory use to any permitted or conditional use in the BN zone. Electric vehicle charging stations are reserved for parking and charging electric vehicles only. Battery exchange stations shall not be allowed.

B. Number. No minimum number of charging station spaces is required.

C. Minimum Parking Requirements. An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other sections of this chapter.

D. Electrical Permit Required. Installation of electric vehicle charging stations shall meet the manufacturing and installation requirements of the equipment and/or state electrical code.

E. Signage.

1. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced by the owner. Refer to the most recent Manual on Uniform Traffic Control Devices (MUTCD) for electric vehicles and parking signs.

2. Information about the charging station shall be provided, such as identifying voltage and amperage levels, time of use, fees, or safety information.

3. Directional signs shall be installed at parking entrances and at appropriate points to effectively guide motorists to the charging station space(s).

F. Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

G. Accessibility.

1. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005.

2. Where electric vehicle charging stations are provided in parking lots, accessible electric vehicle charging stations shall be provided at a one to fifty ratio (one accessible station per every fifty parking spaces).

3. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons.

H. Lighting. Where charging station equipment is installed, site lighting shall exist unless charging is for daytime purposes only.

I. Compatible Design. Design should be appropriate to the location and use. Facilities should be able to be readily identified by users but shall blend into the surrounding landscape/architecture for compatibility with the character and use of the site.

J. Charging Station Equipment Protection. Except for parallel parking stalls, adequate equipment protection, such as wheel stops or concrete-filled steel bollards, shall be used. Curbing may be used in lieu of wheel stops or bollards, if equipment is set back a minimum of twenty-four inches from the face of the curb. (Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011)

It is the intent of the BN zone to encourage structures to maintain a continuous storefront along the street frontage, to provide adequate area for pedestrians and development of pedestrian-related activities, such as sidewalk cafes, and to provide adequate buffer to adjacent residential zones and uses. The required standards are as follows:

A. Minimum Setbacks.

1. Front yard: ten feet; provided, however, that larger setbacks may be required during design review to accommodate proposed pedestrian related activities such as sidewalk cafes;

2. Side yard: none required except that on BN lots adjacent to residential uses or residential zoned properties a side yard shall be required. The city council will establish the required setback during design review to provide ample buffer between the proposed use and residential uses; provided, however, that in no case shall a setback be permitted which violates the International Fire Code, International Residential Code, or International Building Code;

3. Rear yard: thirty feet, except that on BN lots adjacent to residential uses or residential zoned properties, larger rear yards shall be required. The city council will establish the required setback during design review to provide ample buffer between the proposed use and residential uses; provided, however, that in no case shall a setback be permitted which violates the International Fire Code, International Residential Code, or International Building Code.

B. Maximum size: The maximum size of any single neighborhood business use shall not exceed four thousand square feet in gross floor area unless conditional use permit approval is granted by the city. Multiple use development is strongly encouraged. Several uses may be combined in a single structure provided the other requirements of this section are met.

C. Maximum height: thirty feet.

D. Parking requirements: see Chapter 17.48 BMC.

E. Maximum lot coverage: seventy-five percent.

F. Landscaping requirements: see Chapter 17.50 BMC. (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 442 § 3 (Exh. C), 2016: Ord. 388 § 2(part), 2011: Ord. 20.P § 3, 1996; Ord. 20.M § 11.4, 1991. Formerly 17.30.050)

A. Procedures. The procedures for processing a conditional use permit as stated in BMC 17.36.050 shall apply and govern the issuance of a conditional use permit required under this chapter.

B. Purpose. A conditional use permit is a mechanism by which the city may require special conditions on development or on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same zoning district and in the vicinity of the subject property.

C. Decision Criteria. The city may approve or approve with modifications an application for a conditional use permit only if:

1. The application meets the criteria specified in BMC 17.36.050(B); and

2. The proposed development will not be materially detrimental to the surrounding properties or to the community as a whole; and

3. The proposed development is consistent with the city’s comprehensive plan and all other applicable regulations of the city; and

4. The proposed development will be compatible with nearby residential uses; and

5. The proposed development will be served by adequate public facilities, including streets, fire protection, and utilities; and

6. Potential negative impacts of the development that require mitigation as specifically identified during hearing and review, including but not limited to noise, light and glare, removal of trees and landscaping, etc., and which are not otherwise covered by SEPA environmental review, may be made a condition of approval.

7. The proposed development is consistent with the public health, safety and welfare.

D. In addition to the criteria above, the proposed development shall be reviewed and conditioned as necessary based on the following:

1. Vehicle access shall be located and designed to utilize existing major traffic streets as classified in the transportation element of the Brier comprehensive plan, maintain continuous store fronts, minimize impacts to residential streets and properties, avoid safety hazards associated with sight distance and proximity to intersections, and minimize the number of access points while providing efficient and safe circulation for pedestrians and customers, delivery and emergency vehicles. Access points shared by adjacent commercial developments shall be utilized where possible;

2. Traffic shall be analyzed to consider its impact on local residential streets and intersections. A traffic analysis may be required;

3. Parking shall be shielded from view from adjacent property and streets through landscaping of sufficient capacity consistent with Chapter 17.50 BMC; and lighting shall comply with Chapter 8.32 BMC;

4. Loading facilities shall be provided at the rear of the building and shall be shielded from view;

5. All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of lighting, glare, noise, steam, odor, fumes, gases, smoke, vibration, or electrical interference; and

6. Ample landscaped buffer consistent with Chapter 17.50 BMC shall be provided between commercial and residential uses and zones as deemed necessary to maintain privacy for the residential uses and protect the residences against light, noise, visual, odor and other impacts. (Ord. 482 § 7 (Exh. A), 2022; Ord. 468 § 6 (Exh. A), 2020; Ord. 388 § 2(part), 2011: Ord. 20.W § 15, 2001; Ord. 20.M § 11.4(part), 1991. Formerly 17.30.060)

A public use zone is a zone for public use, such as for public parks, playgrounds, city buildings and community centers. Schools may be permitted as a conditional use. Parking and landscaping shall comply with the requirements of this title. (Ord. 442 § 4 (Exh. D), 2016: Ord. 20.M § 11.5, 1991)

A cemetery use zone is a zone for cemetery use, including the subdivision into burial lots; the erection and use of mausoleums, niches, and other related structures; the construction and maintenance of monuments, fountains, statues, or other artistic or aesthetic creations; construction of roads and walkways; installation of appropriate fencing and aesthetic screening; and the building of storage and maintenance shops and management, sales or reception offices; provided, that all plans or improvements shall be subject to review and approval of the planning commission as to their environmental and aesthetic suitability. Parking and landscaping shall comply with the requirements of this title. (Ord. 442 § 5 (Exh. E), 2016: Ord. 20.M § 11.6, 1991)

An open space zone is a zone for a wide variety of lands to be preserved for park, open space, and greenbelt purposes including but not limited to natural areas and natural features with scenic or recreational value; land that may provide public access to water bodies, natural areas, and parking; lands which define through their natural features, land use boundaries or city boundaries; lands that visually or physically connect natural areas or provide important linkages for recreation and wildlife habitat; and environmentally sensitive areas, including severe landslide hazard areas, steep slopes, floodways or one-hundred-year floodplains, wetlands, stream corridors and habitat for established, threatened, endangered or highly sensitive wildlife species.

This zone is established to designate land which has been donated or acquired through incentives, trades, purchase of land, easements, or transfer of development rights by the city or other governmental agencies for open space use and to regulate the use of these lands and other land in private ownership which cannot be developed without severe environmental impacts.

The following environmentally sensitive natural features should remain undeveloped and in the open space system: significant landslide hazard areas, slopes with a grade of forty percent or more, floodways of one-hundred-year floodplains, wetlands, stream corridors, and areas with unstable or defective soil permeability.

A land so designated may generally be used for agriculture, including pasture or crop land but specifically excluding livestock, poultry, machinery, and equipment sheds or barns; conservation areas including forest, wildlife, and wetlands preserves; parks, natural scenic areas, excluding commercial amusement devices or operations; water retention areas; powerline corridor; and buffering between different types of land use. However, these lands are also subject to the provisions of the city park, trail and open space plan. Specific requirements for use of open space land will be established by the city council at the time of zoning or rezoning.

Lands preserved for open space should provide multiple open space benefits whenever possible, including active and passive recreation opportunities, scenic amenities, fish and/or wildlife habitat. Waterways and adjacent lands and wetlands designated as open space shall not be built upon or impacted in such a way as to degrade the natural area. Parking and landscaping shall comply with the requirements of this title. (Ord. 442 § 6 (Exh. F), 2016: Ord. 20.M § 11.7, 1991)

It shall be the duty of the public works superintendent or their designee, herein called “responsible official,” to enforce the regulations of this division. The responsible official may call upon the police or other appropriate city departments or offices to assist in the enforcement of this division. (Ord. 20.M § 13.1, 1991)

A. Before any use is established upon land or within a building, the owner of said land or building shall apply to the responsible official for a certificate of occupancy. Such application shall be in writing and shall contain a correct statement of the use intended to be established.

B. The responsible official shall issue a certificate of occupancy if the proposed use is in compliance with all regulatory requirements for the zone in which it is proposed.

C. No land or building shall be occupied or used until a certificate of occupancy has been issued by the city unless such occupancy lawfully existed prior to the effective date of this division.

D. The city may require a survey, at the land owner’s expense, if there is any question regarding building height, setbacks or any other dimensional requirements of this division.

E. Pursuant to Chapter 3.68 BMC, park impact fees for single-family detached dwelling units, single-family attached dwelling units and secondary dwelling units are due deferred until issuance of certificates of occupancy for those units, and the city has the right to withhold issuance of certificates of occupancy until payment in full of park impact fees. (Ord. 439 § 3 (Exh. C), 2016: Ord. 20.M § 13.2, 1991)

All applications and records relating to applications for rezoning or other development permits and all other records of building and use permits shall be filed with and kept in the custody of the city clerk. (Ord. 20.M § 13.3, 1991)

A. Project Permit Application – Determination of Completeness – Notice to Applicant.

1. Within twenty-eight days after receiving a project permit application, the city of Brier shall provide a written determination to the applicant.

2. The written determination must state either:

a. That the application is complete; or

b. That the application is incomplete and that the procedural submission requirements of the city of Brier have not been met. The determination shall outline what is necessary to make the application procedurally complete.

3. When determining the twenty-eight days outlined in subsection (A)(1) of this section, the number of days shall be calculated by counting every calendar day.

4. To the extent known by the city of Brier, the city of Brier shall identify other agencies of local, state, or federal governments, along with those that may have jurisdiction over some aspect of the application.

5. A project permit application is complete for purposes of this section when it meets the procedural submission requirements of the city of Brier, as outlined on the project permit application. Additional information or studies may be required, or project modifications may be undertaken subsequent to the procedural review of the application by the city of Brier. The determination of completeness shall not preclude the city of Brier from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. However, if the procedural submission requirements, as outlined on the project permit application, have been provided, the need for additional information or studies may not preclude a completeness determination.

6. The determination of completeness may include or be combined with the following:

a. A preliminary determination of those development regulations that will be used for project mitigation;

b. A preliminary determination of consistency, as provided under RCW 36.70B.040;

c. The notice of application pursuant to the requirements in RCW 36.70B.110.

7. An application shall be deemed procedurally complete on the twenty-ninth day after receiving a project permit application under this section if the city of Brier does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection (A)(2)(b) of this section. When the city of Brier does not provide a written determination, they may still seek additional information or studies as provided for in subsection (A)(5) of this section.

8. Within fourteen days after an applicant has submitted to the city of Brier additional information identified by the city of Brier as being necessary for a complete application, the city of Brier shall notify the applicant whether the application is complete or what additional information is necessary.

9. The notice of application shall be provided within fourteen days after the determination of completeness pursuant to RCW 36.70B.110.

B. Establish Time Periods for Project Review.

1. Development regulations adopted pursuant to RCW 36.70A.040 must establish and implement time periods for city of Brier actions for each type of project permit application and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. The time periods for city of Brier actions for each type of complete project permit application or project type should not exceed those specified in this section.

2. For project permits submitted after January 1, 2025, the development regulations must, for each type of permit application, specify the contents of a completed project permit application necessary for the complete compliance with the time periods and procedures.

3. The time periods for city of Brier action to issue a final decision for each type of complete project permit application or project type subject to this chapter should not exceed the following time periods:

a. For project permits which do not require public notice under RCW 36.70B.110, the city of Brier must issue a final decision within sixty-five calendar days of the determination of completeness under subsection A of this section.

b. For project permits which require public notice under RCW 36.70B.110, the city of Brier must issue a final decision within one hundred calendar days of the determination of completeness under subsection A of this section; and

c. For project permits which require public notice under RCW 36.70B.110 and a public hearing, the city of Brier must issue a final decision within one hundred seventy calendar days of the determination of completeness under subsection A of this section.

4. The number of days an application is in review with the city of Brier shall be calculated from the day completeness is determined under subsection A of this section to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:

a. Any period between the day that the city of Brier has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant;

b. Any period after an applicant informs the city of Brier, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the city of Brier, in writing, that they would like to resume the application. The city of Brier may set conditions for the temporary suspension of a permit application; and

c. Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.

d. The time periods for the city of Brier to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the city of Brier under subsection A of this section.

e. If, at any time, an applicant informs the city of Brier, in writing, that the applicant would like to temporarily suspend the review of the project for more than sixty days or, if an applicant is not responsive for more than sixty consecutive days after the city of Brier has notified the applicant, in writing, that additional information is required to further process the application, an additional thirty days may be added to the time periods for the city of Brier action to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the city of Brier to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for sixty consecutive days may result in thirty days being added to the time for review. For the purposes of this subsection, “nonresponsiveness” means that an applicant is not making demonstrable progress on providing additional requested information to the city of Brier, or that there is no ongoing communication from the applicant to the city of Brier on the applicant’s ability or willingness to provide the additional information.

f. Annual amendments to the comprehensive plan are not subject to the requirements of this section.

C. Measures to Encourage Expedited Review.

1. When permit time periods provided for in subsection B of this section are not met, a portion of the permit fee must be refunded to the applicant, except when the city of Brier has implemented at least three of the options in RCW 36.70B.160(1)(a) through (j) at the time an application is deemed procedurally complete.

2. The following are the three options the city of Brier has implemented to expedite review and to exclude the city from refunding permit fees:

a. The city of Brier shall offer expedited review for project permit applications for projects that are consistent with adopted development regulations;

b. The city of Brier shall maintain and budget for on-call permitting assistance for when permit volumes or staffing levels change rapidly;

c. The city of Brier has amended development regulations which make preapplication meetings optional rather than a requirement of permit application submittal. (Ord. 501 § 2, 2025)

Boundaries of the zones established by this division may be relocated or reestablished or the classification or property uses therein may be amended, reclassified or altered, and the provisions set forth in the text of this division may amend whenever public necessity and the general welfare require. Such proposed changes may be initiated by the verified petition of one or more owners of property proposed to be changed or reclassified; resolution of intention by the city council or resolution of intention by the planning commission.

A. Petitions for Zoning Amendment.

1. Application. An application to amend this division or a petition to amend the zoning map shall be filed with the city clerk. All applications to amend the zoning map shall be accompanied by a fee in the amount which is set by ordinance and payable to the city. No fees will be refunded.

2. Content of Petition for Rezone. A petition for the amendment of the zoning map shall include:

a. A legal description and location of the property sought to be reclassified;

b. The existing and proposed zoning classification;

c. The reason for the requested change including any public necessity and/or general welfare consistent with the goals and policies of the comprehensive plan which will occur;

d. The signatures and addresses of the owners of the property proposed for reclassification;

e. The names and addresses of owners of land and residents within a distance of three hundred feet of the land to be rezoned, together with stamped envelopes addressed to said owners.

3. Review Criteria. Changes in zoning designations shall be approved only when all of the following criteria are met. The burden of proof shall be on the applicant to demonstrate that the criteria can be met.

a. The change will be consistent with the purpose and intent of this division and the comprehensive plan of the city;

b. The change is necessary to make the zoning consistent with the comprehensive plan because the prior zoning was erroneously inconsistent with the plan or, even if the prior zoning was once consistent with the plan, changed conditions have caused inconsistency, or the zoning change is necessitated by a change in the comprehensive plan.

c. The planning commission and the city council must find that the change, if granted, will serve the public health, safety and general welfare and that the benefits of the change will outweigh any significant impacts.

4. Procedure. The following procedure shall apply to all rezoning applications:

a. Notice of Planning Commission Hearing. The city clerk shall set a date for a public hearing by the planning commission after staff has reviewed the application and prepared a report for the planning commission. The planning commission’s decision and recommendation to the city council shall be made within ninety days of the date the proposed amendment was filed with the city clerk; provided, however, that any time necessary for compliance with the requirements of the state environmental policy (Chapter 43.21C RCW) or any regulation issued pursuant thereto shall not be included in computing the ninety days.

Notices of the planning commission’s public hearing shall contain the following:

i. A statement of the nature of the proposed amendment;

ii. The date, hour and location of the hearing;

iii. A legal description of the subject property, and

iv. A vicinity sketch and a nonlegal description in language calculated to advise the general public of the location of the subject property.

Not less than ten days prior to the date of the public hearing, copies of the notice shall be posted at official posting locations of the city; the notice shall also be so published in at least one publication in a newspaper of general circulation delivered in the city. Copies of the notice shall also be sent to the adjacent property owners and residents within three hundred feet of the subject property by using the pre-addressed, stamped envelopes provided by the applicant.

These notices shall be deposited in the United States mail not less than ten days prior to the date of the planning commission hearing. At least three notices of proposed land use shall be posted in conspicuous places on or adjacent to the subject property.

b. Hearings May Be Continued. If, for any reason, a public hearing cannot be completed on the date set for such hearing, the presiding officer at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which said hearing will be continued, and no further notice is required.

c. Report to City Council. Upon completion of the public hearing, the planning commission, not later than fifteen days thereafter, shall transmit to the city council its decisions and a report of the pertinent evidence offered at the hearing. The decision of the planning commission on the proposed amendment shall be advisory only.

d. City Council Action. Upon receipt of the planning commission’s recommendations, the city council shall set a date for a public hearing on the application. No additional notice shall be required. At the conclusion of the public hearing, the city council will consider the recommendations of the planning commission together with any additional facts presented and may grant, deny or modify the requested rezone and shall prepare written findings and conclusions that support and explain its decision. After the effective date of any ordinance reclassifying property within the city, the city engineer shall make the appropriate adjustments to the official zoning map and comply with all state laws relating to recording with the county auditor.

e. Reapplication. No person, firm, corporation, or other legal entity, shall be permitted to again apply for the same amendment to the official zoning map within six months following the public hearing of an application to rezone the same property, or portion thereof; provided, however, nothing herein shall prohibit the city council or planning commission from initiating and approving an amendment to the official zoning map for the same property or portion thereof within five months of an application to rezone the property.

B. Amendments to Zoning Ordinance Text.

1. Initiation. An amendment to the zoning ordinance text may be initiated by resolution of intention by the city council or by resolution of intention by the planning commission.

2. Review Criteria. Changes in zoning ordinance text shall be approved only when all of the following criteria are met:

a. The change will be consistent with the purpose and intent of this division and the comprehensive plan of the city.

b. The change is necessary to make the division text consistent with the comprehensive plan because the text was erroneously inconsistent with the plan or, even if the prior text was once consistent with the plan, changed conditions have caused inconsistency, or the zoning ordinance text change is necessitated by a change in the comprehensive plan.

c. The planning commission and the city council must find that the change, if granted, will serve the public health, safety and general welfare and that the benefits of the change will outweigh any significant impacts.

3. Procedure. The procedure and public notice requirements for amendments to zoning ordinance text shall be the same as that used for petitions for zoning amendments as described in subsection (A)(4) of this section; except that only the city council and planning commission may re-initiate a zoning ordinance text amendment and that re-initiation may occur at any time. (Ord. 20.M § 13.4, 1991)

This section establishes the procedures and criteria that the city shall use in making a decision upon an application for a variance or a conditional use permit.

A. Variances.

1. Purpose. A variance is a mechanism by which the city may grant relief from the provisions of the zoning code (this title), where practical difficulty renders compliance with the provisions of the zoning code an unnecessary hardship, where the hardship is the result of physical characteristics of the subject property and where the purpose of the zoning code and the comprehensive plan can be fulfilled upon granting of the variance. This statement of purpose is not decision criteria for a variance.

2. Who May Apply. Only the property owner(s) may apply for a variance.

3. Procedure. The process for an application for a variance is set forth in subsection C of this section.

4. Decision Criteria. The city council may approve or approve with modifications an application for a variance if all of the following criteria are met:

a. The variance for the subject property is not a grant of special privilege inconsistent with the regulations and restrictions to other properties in the vicinity and the zone in which the property is located; and

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

c. The special circumstances of the subject property are not the result of actions of the applicant or a predecessor in interest; and

d. The special circumstances of the subject property make strict enforcement of the zoning code an unnecessary hardship to the property owner; and

e. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property and the zone in which the property is located, in terms of such factors as noise, sanitation, traffic, pollution, erosion, vibration, and physical hazards; and

f. The variance is the minimum necessary to fulfill the purpose of a variance and the needs of the applicant; and

g. The variance will not constitute a rezone or change the zone boundaries on the official zoning map; and

h. The variance is consistent with the purpose and intent of the zoning code; and

i. The variance is consistent with the comprehensive plan.

j. The fact that the property may be utilized more profitably after the variance is approved shall not be considered.

5. Exclusions. The city council shall not grant a variance from:

a. The allowable uses in the zone in which the subject property is located; or

b. Any provision of the zoning code which, by the terms of that provision, is not subject to a variance, including minimum lot size; or

c. Any provision of the subdivision code, which has its own modification procedure; or

d. Any procedural or administrative provisions of this code.

6. Assurance Device. A variance approval may contain appropriate conditions, terms and safeguards, including but not limited to performance or maintenance assurance devices to ensure compliance with the zoning code and the conditions, terms and safeguards of the variance approval.

B. Conditional Use Permits.

1. Purpose. A conditional use permit is a mechanism by which the city may consider uses which may be essential or desirable, but which are not allowed as a matter of right within a zone. This statement of purpose is not decision criteria for a conditional use permit.

2. Who May Apply. Only the property owner(s) may apply for a conditional use permit.

3. Procedure. The process for consideration of a conditional use permit is set forth in subsection C of this section.

4. Decision Criteria. The city council may approve or approve with modifications an application for a conditional use permit if all of the following criteria are met:

a. The use will not endanger the public health, safety and general welfare and will not be otherwise detrimental to the public in terms of such factors as noise, sanitation, traffic, pollution, erosion, vibration, and physical hazards; and

b. The use meets all terms, conditions and specifications of the zone in which the subject property is located; and

c. The use will not be injurious or detrimental to adjoining or abutting property, or despite being injurious or detrimental to adjoining or abutting property that the use is a public necessity; and

d. Specific terms, conditions and specifications may be imposed, including but not limited to:

i. Increasing the requirements of the zoning code;

ii. Stipulating the exact location of buildings and structures to minimize adverse impacts and hazards;

iii. Requiring structural features or equipment essential to minimize adverse impacts and hazards;

iv. Imposing terms, conditions and specifications to minimize adverse impacts and hazards, as deemed necessary to establish parity with uses permitted in the same zone, in terms of such factors as noise, odor, air pollution, waste, vibration, traffic, and physical hazard; and

e. The conditional use permit will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located, in terms of such factors as noise, sanitation, traffic, pollution, erosion, vibration, and physical hazard; and

f. The conditional use permit is consistent with the purpose and intent of the zoning code; and

g. The conditional use permit is consistent with the comprehensive plan; and

h. The conditional use permit will not be injurious to the neighborhood.

5. City Council Authority. As part of its decision approving or modifying the application, the city council may prescribe any terms, conditions and specifications that it deems necessary or desirable for the public interest. The city council may allow relaxation of the development standards of the zoning code if it finds that alternative amenities, improvements, proposed location of uses or structures, or other features incorporated into the proposal are in harmony with the general purpose of the zoning code and would provide equal or better protection to the public interest than the standards proposed to be modified.

6. Assurance Device. A conditional use permit may contain appropriate terms, conditions and safeguards to ensure compliance with the zoning code and the conditional use permit.

C. Application Procedure. The following procedure shall apply to all variance and conditional use permit applications:

1. General Procedure. An application for a variance or conditional use permit shall be reviewed and analyzed by city staff, considered by the planning commission after a public hearing, and determined by the city council upon recommendation of the planning commission.

2. Submittal Requirements. The property owner(s) shall submit an application for a variance or conditional use permit on forms prescribed by the city, and the complete form shall be accompanied by the following information, unless the director waives any of these items upon written request and a finding that the item is not necessary to analyze or process the application:

a. A legal description of the subject property, including parcel number;

b. A vicinity map, showing the location of the subject property in relation to nearby streets and properties;

c. A written statement addressing the decision criteria, together with any documentation that supports the written statement;

d. A written summary of the proposal, including the goals of the proposal, the section(s) of this municipal code which require approval of the application, and the relationship of the proposal to the use of adjoining properties;

e. A written description of the proposed use of the site, including hours of operation, number of employees, and any proposed storage or use of hazardous materials if applicable;

f. A site plan of the subject property, drawn to scale, showing all information needed to illustrate the proposal, including but not limited to existing and proposed buildings, structures, utilities, natural features, critical areas, parking areas, and other improvements, and showing buildings, structures, and other improvements and natural features that are located within fifty feet of the subject property. Information may be shown on several sheets if needed for readability;

g. For new construction:

i. Conceptual exterior elevations of all existing and proposed structures; and

ii. Conceptual floorplans for all existing and proposed structures;

h. A summary table of proposal statistics, including site area, building coverage, impervious area, required and proposed parking, and similar data, as required, in order to evaluate conformance of the proposal with this code;

i. A list of uses for which the subject property will be used and the gross floor area or gross lot area that each use will occupy;

j. A statement to the effect that the applicant or applicants are the sole owners of the subject property;

k. A completed SEPA checklist, unless the proposal is categorically exempt from SEPA review;

l. A list of other permits that are or may be required for development of the property (issued by the city or by other government agencies), insofar as they are known to the applicant;

m. A list of other applications for city permits or approvals that are to be processed concurrently with the application; and

n. Fees in the amount set forth in Chapter 3.04 BMC and payable to the city.

o. The city may request additional information as needed to allow adequate review of the proposal.

3. Referral to City Departments and Other Agencies. Concurrent with issuing a notice of application, staff shall refer the application to all applicable departments and appropriate local, regional, state or federal agencies that may provide service(s) to the proposal or subject property or that may have special expertise for reviewing the application. City staff shall prepare a report on the application for submittal to the planning commission, which shall include a recommendation on the application and facts, conclusions and documents in support of the recommendation.

4. Notice of Planning Commission Hearing. The planning commission shall hold a public hearing on the application. After city staff completes the report on the application, the city clerk shall set a date for the public hearing and provide notice of the public hearing.

The notice of the public hearing shall contain the following information:

a. A statement of the nature of the variance or conditional use permit application;

b. The date, hour and location of the hearing; and

c. A vicinity sketch and a nonlegal description of the location of the subject property.

The city clerk or designee shall post the notice at the official posting locations of the city not less than ten days prior to the date of the public hearing. The city clerk or designee shall publish the notice in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. The director shall send the notice by regular U.S. mail to the owners of property as shown on the records of the county assessor within three hundred feet of the subject property. The director shall post the notice in a conspicuous place on each side of the subject property that is adjacent to an improved public right-of-way, or if there is no improved public right-of-way adjacent to the property, on the side of the property that is most visible to the public.

5. Hearing May Be Continued. If for any reason the public hearing before the planning commission cannot be completed on the date set for the hearing, the planning commission may continue the hearing to a designated time and location. Notice of the continued hearing shall be given pursuant to the requirements of RCW 42.30.090 and 42.30.100.

6. Recommendation to City Council. After holding the public hearing and deliberating on the application, the planning commission shall vote to recommend approval, modification, or denial of the application. The recommendation to city council shall include, but not be limited to, the recommendation itself, findings of fact and conclusions in support of the recommendation, the staff report, a summary of the testimony at the public hearing, and all records received by city staff and the planning commission. The director shall submit the recommendation to the city council and a copy thereof to the city clerk or designee.

7. City Council Action. After receipt and consideration of the planning commission’s recommendation, the city council shall render a decision on the application for variance or conditional use permit, which shall include written findings of fact and conclusions that support and explain the decision. The city council may enter the written decision at the meeting at which the decision is first considered or at a subsequent meeting.

8. Reapplication. If the city council denies a variance or conditional use application, the city shall not accept an application for the same proposal on the subject property within six months from the date of entry of the decision; provided, that the director may authorize the processing of an application for a variance or conditional use permit if the applicant demonstrates that changed conditions on the subject property or surrounding property justify the reapplication.

9. Time Limitation. The variance approval or conditional use permit shall expire automatically and shall be void if the property owner fails to establish use within three years of the date of entry of the decision. The director is not required to give notice of the automatic expiration to the owner.

10. For the purpose of this section “establishment” shall occur upon the issuance of all local permit(s) for on-site improvements needed to begin the authorized use or development activity; provided that the improvements or development activity authorized by such permits are completed within the time frames of said permits.

11. Extension. Upon application by the applicant on forms prescribed by the city, the director may extend the period for establishing use for a variance approval or conditional use permit for up to one year, if:

a. Unforeseen circumstances or conditions necessitate the extension;

b. Termination would result in unreasonable hardship to the applicant;

c. The applicant is not responsible for the delay;

d. The extension will not be substantially detrimental to existing uses in the immediate vicinity of the subject property. (Ord. 482 § 9 (Exh. A), 2022; Ord. 443 § 2 (Exh. B), 2016: Ord. 20.M § 13.5, 1991)

Review under the State Environmental Policy Act (SEPA) and the Brier SEPA ordinance is required in addition to the requirements imposed by this division. Where such review requires the extension in the amount of time necessary to do or perform any act required by the division, the time limits for meeting the requirements of SEPA will control. (Ord. 20.M § 13.6, 1991)

A. Violation of any part or portion of Chapters 17.08, 17.24, 17.29, 17.30 and 17.48 BMC and BMC 17.36.020, or conduct made unlawful in this division, shall constitute a nontraffic civil infraction and shall be punished in accordance with the provisions of BMC 1.28.030(C).

B. Further clarifying: Any person, firm or corporation who builds, erects, constructs, alters, rebuilds, renovates, enlarges, expands, activates, operates or maintains any building, structure, or use within the city and fails to abate, correct, obtain permits or licenses or engages in off-street parking after receiving a notice of violation shall be issued a Class A infraction; provided, however, any violator who fails to abate, correct, obtain permits or licenses promptly after issuance of a first infraction shall be guilty of a second, separate violation, and failure to abate, correct, obtain permits or licenses shall be punished by a Class B infraction. A third offense shall be a Class C infraction. Continual failure to abate, correct, obtain permits or licenses or failure to respond to any infraction as issued shall constitute a misdemeanor and shall be punished in accordance with the provisions of BMC 1.28.030(A). (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 20.W § 16, 2001: Ord. 20.M § 14, 1991)