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Monroe City Zoning Code

22.10 Administration

and Enforcement

22.10.010 Title.

Title 22 of the Monroe Municipal Code shall be known as the Monroe unified development regulations, also referred to as the “UDR” or “title.” (Ord. 005/2019 § 10 (Exh. B))

22.10.020 Authority.

The Monroe UDR is enacted under the authority granted to the city by the Constitution of Washington State, and the Revised Code of Washington (RCW). (Ord. 005/2019 § 10 (Exh. B))

22.10.030 Purpose.

The general purposes of the Monroe unified development regulations are to:

A. Encourage land use decision-making in accordance with the public interest and applicable laws of Washington State;

B. Protect the general health, safety and welfare;

C. Implement the Monroe comprehensive plan goals and policies through land use regulations;

D. Provide for the economic, social, and aesthetic advantages of orderly development through harmonious groups of compatible and complementary land uses and the application of appropriate development standards; and

E. Mitigate or eliminate physical hazards and adverse environmental impacts caused by development. (Ord. 005/2019 § 10 (Exh. B))

22.10.040 General provisions.

A. The Monroe UDR shall provide for the implementation of goals, policies and plans through the adoption, administration and enforcement of plans, regulations, procedures, capital improvements, and municipal services and programs.

B. The UDR shall be considered during review and revision of Monroe’s comprehensive plan goals and policies and city regulations and procedures.

C. The Monroe comprehensive plan shall be the basis for designating land use zones, applying development and shoreline requirements, and guiding development in areas presently outside the city but which may be annexed subsequent to the adoption of the UDR. The Monroe UDR is to be used as a guide by other governmental agencies when taking action within the Monroe urban growth area (UGA).

D. Conformity Required.

1. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with the UDR and all other provisions of the Monroe Municipal Code (MMC).

2. Creation of or changes to lot lines shall conform with the use provisions, bulk requirements, and other standards and procedures of the UDR.

3. All land uses and development authorized by the UDR shall comply with other regulations and/or requirements of this title, the Monroe Municipal Code, and the laws or regulations of any other local, state or federal agency that has jurisdiction over land uses and development. Where a difference exists between this title and other regulations, the more restrictive requirements shall apply.

4. Where more than one part of this title or other portions of the Monroe Municipal Code apply to the same aspect of a proposed use or development, the more restrictive requirement shall apply.

5. An applicant is expected to read and understand the city development regulations and be prepared to fulfill the obligations placed on the applicant by this title.

E. The provisions and standards contained in this title are held to be minimum standards with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative discretion of the city council to further restrict the permissive uses, or for the city to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this title, the promotion and protection of the public health, safety and welfare bears a substantial relation to the withholding, denial or revocation of permits or uses. (Ord. 005/2019 § 10 (Exh. B))

22.10.050 Interpretation.

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of the UDR. Any act or activity regulated in this title shall also comply with all other applicable requirements of city code, laws, and regulations.

A. The more specific regulation applies to a land use application. Regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirement of general application.

B. A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise.

C. Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of any section. In case of any ambiguity, difference of meaning or implication between the text and heading, caption or illustration, the text and the permitted use tables shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.

D. The words “will,” “shall,” and “must” are mandatory, and the word “may” is discretionary. The word “should” is mandatory unless waived by the zoning administrator due to special circumstances.

E. Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this title, all words and terms used in this title shall have their customary meanings.

F. Words in the masculine gender include the feminine and vice versa.

G. Distances shall be measured horizontally unless otherwise specified.

H. The word “building” includes a portion of a building and a portion of the lot on which it stands.

I. Except where otherwise expressly noted, the term “days” as used in this title means calendar days, not working days. (Ord. 005/2019 § 10 (Exh. B))

22.10.060 Roles and responsibilities.

The roles and responsibilities for carrying out the provisions of the development code are shared by appointed boards and commissions, elected officials and city staff. The authorities of each of these bodies are set forth below.

A. Zoning Administrator. The zoning administrator or authorized representative, as the duly appointed representative of the mayor, as established by MMC 2.28.010, is charged with the responsibility of the administration of the provisions of the comprehensive plan and the unified development regulations (UDR) for Monroe. Responsibilities of the zoning administrator shall include:

1. Serving in an advisory capacity to the hearing examiner, planning commission, and city council in comprehensive planning and land use matters;

2. Making land use decisions, as set out in Chapter 22.84 MMC, Permit Processing;

3. Delegating specific tasks to other staff members while retaining overall responsibility; and

4. Making administrative interpretations of the unified development regulations, as provided in this subsection.

a. Upon request or as determined necessary, the zoning administrator shall interpret the meaning or application of the provisions of the UDR and issue a written administrative interpretation following a Type I permit review in Chapter 22.84 MMC, Permit Processing. Requests for interpretation shall be submitted in writing and shall concisely identify the issue and desired interpretation. The interpretations shall be based on:

i. The defined or common meaning of the words of the provisions;

ii. The general purpose of the provision as expressed in this title;

iii. The logical or likely meaning of the provision viewed in relation to the comprehensive plan;

iv. Input and recommendations from other members of the development review committee; and

v. Input and recommendations from the city attorney.

b. An interpretation of the UDR will be enforced as if it is part of the UDR. Code interpretations shall be considered superseded if amendments are made by the city council to the code section which was previously interpreted. If the interpretation of the zoning administrator is modified on appeal, the zoning administrator shall amend the interpretation to include the modification and change any reference in the codification of this title.

c. All interpretations of the UDR, filed sequentially, shall be available for public inspection and copying at City Hall during regular business hours. The zoning administrator and city attorney, when codifying revisions to this title, shall also make appropriate references in the MMC revisions to code interpretations affecting particular code sections.

d. The zoning administrator may at any time amend an administrative decision to correct ministerial errors clearly identifiable from the public record. Such a correction does not affect any time limit provided for in this title. The zoning administrator may at any time clarify a statement in a written administrative decision as long as the clarification does not alter the intent or effect of the decision.

e. Administrative interpretations, subject to this title, shall be appealable, as outlined under appeal procedures in Chapter 22.84 MMC, Permit Processing.

B. Development Review Committee. The development review committee (DRC) is a staff committee composed of city department heads or designees and may include representatives from affected utility districts, the fire district, and any other entities or agencies, as deemed appropriate by the zoning administrator. The purpose of the DRC is to bring multidisciplinary knowledge and judgment to situations that emerge through the application of these unified development regulations and other matters related to planning, design, and development. Responsibilities of the development review committee shall include:

1. Reviewing development and land use applications for compliance with city plans and regulations;

2. Coordinating necessary permit reviews; and

3. Identifying the proposal’s potential environmental impacts.

C. Planning Commission. The planning commission is the designated planning agency for the city per Chapter 35A.63 RCW. Responsibilities of the planning commission shall include reviewing and making recommendations on the following actions:

1. Amendments to the comprehensive plan;

2. Amendments to the unified development regulations (this title);

3. Rezone applications; and

4. Pursuant to Chapter 35A.63 RCW, all other actions requested or remanded by the city council.

D. Hearing Examiner. The office of the land use hearing examiner, “examiner,” is created pursuant to RCW 35A.63.170 to hear applications for projects subject to the regulations designated in this title and the Monroe Municipal Code. Chapter 22.84 MMC, Permit Processing, sets out the authority of the hearing examiner regarding specific land use actions.

E. City Council. The city council is responsible for establishing policy and legislation affecting land use within the city. The city council also acts on the recommendations of the planning commission and the hearing examiner in legislative and quasi-judicial matters. (Ord. 020/2025 § 3 (Exh. B); Ord. 005/2019 § 10 (Exh. B))

22.10.070 Performance guarantees and liability protection.

A. Performance Financial Security for Building Permits. Pursuant to Section 111.3 of the International Building Code, the building official may authorize the issuance of a temporary certificate of occupancy conditioned upon the subsequent completion or satisfaction of unfulfilled requirements or regulations, or uncompleted development proposals. A condition for issuance of such temporary permit may be the posting with the city of a performance financial security to ensure fulfillment of all conditions to which such permit is subject. The conditions to which such temporary certificate of occupancy is subject shall be listed upon the permit or attached thereto. No certificate of occupancy shall be issued until all such conditions are satisfied. If the conditions are not satisfied within the date of the deadline specified in the temporary certificate of occupancy, demand may be made by the city against the financial security for completion and performance. Prior to such demand being given, the zoning administrator shall give ample notice to the person or persons involved.

B. Amount of Financial Security. The performance financial security shall be in a form acceptable to the city, and represent one hundred fifty percent of the fair cost estimate of the uncompleted portion of the proposed development or improvements as determined by the zoning administrator.

C. Performance Financial Security for Plats. Financial securities required for plats within the city are governed by MMC 22.68.040.

D. Insurance. Prior to issuing a permit or approving an application, the city may require the applicant to provide a certificate of general liability insurance, with limits of liability in an amount acceptable to the city attorney, from an insurance company authorized to do business in Washington, insuring against injury to persons and damage to property, and may require that the city be named as an additional insured.

E. Record of Certificates – Issued. The zoning code administrator or their delegate shall circulate a request for a certificate of occupancy for a change in use to all city departments and shall maintain a record of all certificates of occupancy issued. (Ord. 001/2025 § 3 (Exh. B); Ord. 005/2019 § 10 (Exh. B))

22.10.080 Reasonable accommodation.

A. Eligibility. Any person claiming to have a handicap or disability, within the meaning of the Fair Housing Amendments Act (FHAA), 42 U.S.C. 3602(h) or the Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW, or someone acting on their behalf, who wishes to be excused from an otherwise applicable requirement of these unified development regulations pursuant to the requirement of the FHAA, or the WLAD, that reasonable accommodations be made in rules, policies, practices, or services when such accommodations may be necessary to afford persons with handicaps or disabilities equal opportunity to use and enjoy a dwelling, shall make such request for reasonable accommodation to the zoning administrator.

B. Procedure.

1. An applicant for reasonable accommodation must provide verifiable documentation of handicap or disability eligibility to the zoning administrator and describe the need for and proposed accommodation.

2. The zoning administrator shall determine what adverse land use impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. This determination shall take into account the size, shape and location of the dwelling unit and lot; the traffic and parking conditions on adjoining and neighboring streets; vehicle usage to be expected from the residents, staff and visitors; and any other circumstances determined to be relevant.

3. The applicant’s need for accommodation shall be considered in light of the anticipated land use impacts, and conditions may be imposed in order to make the accommodation reasonable in light of those impacts.

4. A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the zoning administrator’s decision. If it is determined that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the zoning administrator shall rescind or modify the decision to grant reasonable accommodation.

5. The zoning administrator shall act promptly on the request for accommodation and shall not charge any fee for responding to a request for accommodation.

6. Nothing herein shall prevent the zoning administrator from granting reasonable accommodation to the full extent required by federal or state law.

7. The zoning administrator’s decision shall constitute final action by the city on a request for accommodation, and review of the decision will be available only in superior court. Any appeal must be filed not more than twenty-one days after the issuance of the zoning administrator’s decision. (Ord. 001/2025 § 3 (Exh. B); Ord. 005/2019 § 10 (Exh. B))

22.10.090 Violation and enforcement.

A. Compliance. Compliance with the requirements of this title shall be mandatory. It is unlawful for any person or entity to own, use, construct, erect, enlarge, alter, repair, move, improve, convert, equip, occupy, maintain, locate, demolish or cause to be constructed, located or demolished any structure, land, or property within the city of Monroe in any manner that is contrary to the provisions of this title, or any permit, condition, order, rule, or regulation imposed or adopted pursuant thereto. The general penalties and remedies established in this code for such violations shall apply to any violation of this title. The enforcement actions authorized under this chapter shall be supplemental to general penalties and remedies in this code.

B. Enforcing Authority. The zoning administrator, or their authorized designee, shall be responsible for enforcing this title, and may adopt administrative rules to meet that responsibility.

C. Violation and Penalties.

1. Separate Violations. Each and every day that a structure, land or property is owned, leased, controlled, used or maintained in violation of this title shall constitute a separate violation and shall be subject to the enforcement procedures of Chapter 1.04 MMC, Code Enforcement, in addition to any other remedies available in the MMC or other applicable law.

2. Penalties. Any firm, business, property owner, corporation, entity, or person who violates the standards or provisions of this title or the more stringent standards imposed by the city through the planning commission, hearing examiner, city council, or other authorized official or body shall be guilty of a civil infraction. Civil infractions under this section shall be processed as set forth in Chapter 1.04 MMC. The city shall also have the right to abate any violations of this code by seeking injunctive relief in the Snohomish County superior court. Any firm, business, property owner, corporation, entity, or person found in violation shall be responsible for paying the city’s court costs and reasonable attorney’s fees in any abatement action. (Ord. 005/2019 § 10 (Exh. B))

22.10.100 Review, revocation, and modification of permits and approvals.

A. Review of Approved Permits. Any approval or permit issued under the authority of the unified development regulations may be reviewed for compliance with the requirements of the development regulations, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception.

1. The review of an approval of a permit may be initiated by the zoning administrator, city administrator, city council, or by petition to the zoning administrator by three property owners or three residents of separate dwelling units in the city, stating their belief as to the noncompliance, nuisance, or hazard of the permitted activity.

2. Upon receipt of information indicating the need for, or upon receiving a request for, review of permit or approval, the zoning administrator shall investigate the matter and take one or more of the following actions:

a. Notify the property owner or permit holder of the investigation; and/or

b. Issue a civil regulatory order and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or

c. Refer the matter to the city attorney; and/or

d. Refer the matter to the hearing examiner with a recommendation for action.

B. Revocation or Modification of Permits and Approvals.

1. Upon receiving a recommendation from the zoning administrator for revocation or modification of a permit or approval, the hearing examiner shall review the matter at a public hearing, which shall be noticed and held pursuant to MMC 22.84.050 and 22.84.070. Upon a finding that the activity does not comply with the conditions of approval or the provisions of the development regulations, or creates a nuisance or hazard, the hearing examiner may delete, modify, or impose such conditions on the permit or approval they deem sufficient to remedy the deficiencies. If the hearing examiner finds no reasonable conditions that would remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease.

2. If a permit or approval is revoked for fraud or deception, no similar application shall be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of the development regulations. (Ord. 020/2025 § 3 (Exh. B); Ord. 005/2019 § 10 (Exh. B))