Lake Stevens City Zoning Code

The Planning Director may approve, approve with conditions, or deny an administrative conditional use permit.

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

The proposal is consistent with the Comprehensive Plan;

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

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

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

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

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

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

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

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

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

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

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

If the original use is a planned residential development and the relative proportions of different types of dwelling units change.

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

Hours of operation;

Materials processed or sold;

Required parking;

Traffic generation;

Impact on public utilities;

Clientele; and

General appearance and location.

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

Determine nonconforming rights;

Determine whether a use is allowed in a particular zone; and

Interpret the meaning of terms.

Interpretations relating to the Fire Code, Chapter 14.84, which are made by the Fire Marshal pursuant to Section 104.1 of the International Fire Code; and

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

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

Why an interpretation of the provision is necessary; and

Any reason or material in support of a proposed interpretation.

The Planning Director is authorized to interpret the zoning map and this title. The Public Works Director is authorized to interpret specific sections of this title related to transportation facilities and utilities.

The Director shall mail a written interpretation to any person filing a request for a code interpretation.

Written interpretations may be appealed to the Hearing Examiner.

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

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

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

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

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

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

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

Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map; and

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

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

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

Scoping meetings shall generally be held in the evenings.

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

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

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

As a condition of approval, the Hearing Examiner may:

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

The use has been terminated, and no violation of the terms and the conditions of the permit exists.

To encourage and promote aesthetically pleasing and functional residential, commercial, mixed-use, public and industrial developments for the citizens of Lake Stevens by establishing design review standards and guidelines including site layout, landscaping, parking and preferred architectural features;

To establish clear and objective design standards and guidelines related to the exterior design of new developments that reflect design best practices and community priorities and provide certainty to project applicants;

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

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

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

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

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

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

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

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

To ensure compatibility between new and existing developments.

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

Concurrent Review. Design review shall occur concurrently with associated applications for the same development via consolidated project review, as governed by Section 14.16A.220(g) and RCW 36.70B.120, unless specifically requested by the applicant to be reviewed separately.

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

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

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

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

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

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

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

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

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

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

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

The proposed agreement is consistent with applicable development regulations;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Creating community identity and pride;

Supporting cultural enrichment and education;

Stimulating economic vitality;

Encouraging participation in recreational activities; and

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

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

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

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

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

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

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

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

Garage and rummage sales conducted on private property.

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

Public health, safety and welfare.

The hours of operation.

The number of people expected to participate, including spectators.

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

The parking and traffic generated by the event.

Use of public rights-of-way.

Use of public parks and property.

Sanitation and clean up.

Insurance.

Indemnity and hold-harmless agreements.

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

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

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

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

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

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

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

Restrictions on the sale and/or consumption of alcohol.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The maximum number of events allowed by an event sponsor or organization has been met.

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

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

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

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

Chapter 14.60 (Utilities).

Chapter 14.80 (Building and Construction).

Chapter 14.84 (Fire Code).

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

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

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

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

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

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

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

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

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

Complete application (if not a concurrent review);

Written narrative explaining the purpose of the request;

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

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

Any existing evidence of legal lot status such as:

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

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

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

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

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

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

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

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

The City shall have the authority to review lots that have been altered through the boundary line agreement process identified in RCW 58.04.007. If the City determines that the limited parameters of RCW 58.04.007 do not apply to a recorded boundary line agreement, the City's determination of lot status shall be based on the recorded boundaries prior to the agreement, unless a boundary line adjustment is approved through the process outlined in Section 14.18.200.

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

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

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

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

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

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

Lake Stevens Center Subarea Plan;

20th Street SE Corridor Subarea Plan; and

Downtown Lake Stevens Subarea Plan.

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

Area-wide rezones are rezones which require a Comprehensive Plan amendment, include a large area, or the adoption of a new or substantially revised neighborhood or area-wide zoning map amendment.

Amendments to the Official Zoning Map may be initiated by the City Council, the Planning Commission, or the City Administration.

Any other person may also petition the Planning Department to amend the Official Zoning Map. The petition shall be filed with the Department of Planning and Community Development and shall include:

Refer the proposed amendment to the Hearing Examiner for a site-specific rezone for a recommendation to Council; or

Refer the proposed amendment to the Planning Commission for an areawide rezone for a recommendation to Council.

No application shall be filed or accepted for filing which on its face will not comply with the Lake Stevens Comprehensive Plan or an adopted subarea plan.

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

The amendment complies with the Comprehensive Plan Land Use Map, policies, and provisions and adopted subarea plans;

The amendment is in compliance with the Growth Management Act;

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

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

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

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

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

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

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

If the proposal is located within an adopted subarea plan:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To encourage proposals that embody good design principles, following adopted guidelines and standards, that will result in high quality development on the subject property;

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

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

Single-family residential and infill and middle housing projects developed under Chapter 14.46, Part III, do not require a standalone site plan review land use application, as project site plan review occurs as part of the subdivision and/or building permit review process.

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

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

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

Adjacent properties, zoning and existing uses;

Location of existing and proposed utilities (e.g., water, sewer, electricity, gas, septic tanks and drain fields) (all utilities to be shown underground per Chapter 14.60);

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

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

Scale and north arrow;

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

Location of public and private rights-of-way;

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

Natural and manmade drainage courses (e.g., ditches, streams, etc.) and probable alterations which will be necessary to handle the expected drainage from the proposal, and the general method proposed to comply with Chapter 14.64;

Source, composition and approximate volume of fill materials;

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

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

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

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

Site plan approval shall expire as set forth in Section 14.16A.250.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The hardship relates to the applicant's land, rather than personal circumstances;

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

The hardship is not the result of the applicant's or recent prior owner's own actions.

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

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

The office of the Hearing Examiner shall have jurisdiction to review or revoke all variances in accordance with a Type III review pursuant to Chapter 14.16B.

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

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

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

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

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

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

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

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

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

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

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

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

The hardship is not the result of the applicant's or recent prior owner's own actions.

Allowed uses in the applicable zoning district;

Procedural or administrative provisions;

Increases in the residential density for the applicable zoning district;

Alterations to critical areas pursuant to Chapter 14.88, except for required buffer widths and building setbacks when the modification includes a mitigation plan meeting the requirements of Chapter 14.88;

Any standard that is inconsistent with the Comprehensive Plan.