Maple Valley City Zoning Code

The proposal is consistent with the comprehensive plan;

The proposal complies with applicable requirements of this code;

The proposal is compatible with and incorporates specific features or conditions that ensure it responds appropriately to the existing as well as the intended character of the site and the surrounding properties;

The proposal will not be materially detrimental to uses or properties in the immediate vicinity; and

The proposal will be served by adequate public facilities including but not limited to streets, water, sewer, schools, and fire protection.

General. An approved Conditional Use Permit may be revised in one of three ways, depending on the magnitude of the changes proposed. A new Conditional Use Permit is required for major changes, including changes in access points, expansion of site area, or substantial expansions of gross floor area. An administrative amendment to the prior approval may be applied for if the Director determines the changes are moderate but still within the general scope of the original approval. A limited amendment to the prior approval may be applied for if the Director determines the changes are minor and more technical in nature and if all conditions of the prior approval continue to be met.

Administrative Amendment. Moderate revisions to an approved Conditional Use Permit may be reviewed as an administrative amendment using Process 2. The administrative amendment shall be approved only if all of the following criteria are met:

Limited Amendment. Minor revisions to an approved Conditional Use Permit may be reviewed as a limited amendment using Process 1. The limited amendment shall be approved only if all the following criteria are met:

The proposal is consistent with the comprehensive plan;

The proposal addresses all applicable design standards, criteria or requirements of this code in a manner that generally fulfills their purpose and intent. Minor modifications to the design standards may be allowed by the Director where the standards conflict and where a flexible interpretation will allow compliance with the intent of the conflicting requirements;

The proposal is compatible with and responds appropriately to the intended character of the site and surrounding property, including appearance, scale, pedestrian and vehicular access, quality of materials, and physical characteristics of the site;

The proposal will be served by adequate public facilities, including but not limited to streets, fire protection, water, sewer, and drainage utilities.

The amendment maintains the design intent or purpose of the original proposal;

The amendment does not change vehicular access points or increase anticipated peak hour vehicle trips by more than five percent;

The site area is not expanded and gross floor area is not increased by more than five percent;

The amendment results in no major adverse environmental or land use impacts;

All conditions of the prior approval are met.

There are special circumstances applicable to the project site for which the design deviation is being requested; and

The design deviation is consistent with the overall goals of the design standards; and

The design deviation allows for a better design overall; and

The project for which a design deviation is being considered provides additional amenities and attributes that mitigate potential impacts; and

The design deviation is consistent in all other respects with the development regulations other than Chapter 18.70 MVMC.

Process 2 Design Deviation applications shall be submitted prior to and included in the initial Notice of Application or shall require Process 2 noticing pursuant to MVMC § 18.100.190.

The variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone of the subject property;

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

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

The variance is generally consistent with the comprehensive plan; and

The variance is not required due to a self-created circumstance.

The provisions of Chapter 18.30 MVMC establishing the allowable uses in each land use zone.

Any procedural, administrative, or enforcement provision of the land use code.

Any provision of the code which by its terms is not subject to a variance or which requires a separate process such as, but not limited to, a reasonable use exception to the critical areas requirements of Chapter 18.60 MVMC or applicable Shoreline Management Act requirements.

The City Council or the Planning Commission may initiate consideration of an amendment to the comprehensive plan map or goals and policies.

A property owner may file an application for an amendment to the comprehensive plan future land use map affecting only his or her own property.

Any resident, property owner, or business owner in the City may file an application to amend the goals or policies of the comprehensive plan.

Any person may request that the City Council or Planning Commission initiate an amendment to the goals or policies of the comprehensive plan.

The City Council or the Planning Commission may initiate consideration of an amendment to the comprehensive plan map or goals and policies at any time.

Subject to subsection (C)(3) of this section, a property owner may file an application for an amendment to the comprehensive plan future land use map between January 1st and March 31st of any year. At any other time during the year, a property owner may request that the Planning Commission or City Council initiate consideration of an amendment to the comprehensive plan future land use map.

A resident, property owner, or business owner in the City may file an application to amend the goals or policies of the comprehensive plan between January 1st and March 31st of any year. At any other time during the year, a resident, property owner, or business owner may request that the Planning Commission or City Council initiate consideration of an amendment to the goals or policies of the comprehensive plan.

A property owner may not file an application for an amendment to the comprehensive plan future land use map unless at least three years have elapsed since the adoption or reaffirmation of the future land use map designation that would be changed by the proposed amendment. This time limit does not apply if the applicant submits a proposal different from one previously considered and not approved, or proves that there exists obvious technical error justifying the need for the amendment.

Regardless of the time of the application or the initiator of the proposal, the comprehensive plan may be amended only once each year (RCW 36.70A.130), subject to the exemptions in RCW 36.70A.130(2)(a), as now in effect or as may be subsequently amended. The City Council will review all Planning Commission recommendations and forward a consolidated amendment package to the State of Washington Office of Community Development at least 60 days prior to adoption.

Whenever an emergency exists the City may adopt amendments to the comprehensive plan at any time, consistent with RCW 36.70A.130(2)(b) and subsection (G) of this section, as now in effect or as may be subsequently amended.

The City will process an amendment to the comprehensive plan using Process 5 (MVMC § 18.100.170).

The Growth Management Act (RCW 36.70A.130) allows jurisdictions to amend their comprehensive plans only once per year, except for certain exemptions and "emergencies." At least 60 days prior to adoption, the City will send its annual package of comprehensive plan amendments to the Office of Community Development (OCD), and to other agencies as directed by OCD, for review and comment.

The Director shall specify the submittal requirements, including type, detail and number of copies, for a comprehensive plan amendment application to be deemed complete and accepted for processing.

The Director may waive specific submittal requirements determined to be unnecessary for review of an application.

There exists obvious technical error in the pertinent comprehensive plan provision; or

The applicant has carried the burden of proof and produced evidence sufficient to support the conclusion that the application merits approval or approval with modifications; and

The amendment bears a substantial relation to the public health, safety or welfare; and

The amendment addresses changed circumstances on the site or the needs of the City as a whole; and

The amendment is compatible with or complementary to the provisions of the comprehensive plan or other goals or policies of the City; and

If applicable to an identifiable property, the amendment is compatible with the existing or intended adjacent development on properties in the vicinity; and

The amendment will result in development which will not adversely impact community facilities and public infrastructure including but not limited to utilities, transportation, parks or schools; and

If applicable to an identifiable property, the site is suitable for development in general conformance with the City's development regulations.

Emergency amendments to the comprehensive plan will be initiated by the City Council and an analysis will be provided by the City's staff at the direction of Council.

Emergency amendments will be reviewed by the Planning Commission at a public hearing, and a subsequent recommendation on the proposed emergency amendment will be forwarded to the City Council.

The City Council will evaluate the proposed emergency amendments based on the criteria set out in subsection (F) of this section and the recommendation of the Planning Commission. The Council may take action on the proposed emergency amendment after a public hearing.