Monroe City Zoning Code

22.64 Conditional

Use Permits

22.64.010 Purpose.

Conditionally permitted uses are those uses that require a level of review and opportunity for public input that is greater than that required for permitted uses. The purpose of a conditional use permit is to assure, by allowing for a public process and for the imposition of special conditions and requirements, that conditional uses are compatible with the uses permitted by this title and that the purpose of this title is maintained. (Ord. 005/2019 § 10 (Exh. B))

22.64.020 Applicability.

Each zoning district chapter of this title sets out uses that are conditionally permitted in that specific district. (Ord. 005/2019 § 10 (Exh. B))

22.64.030 General provisions.

A. Application and Contents. An application for a conditional use permit shall be made according to the submittal requirements in Chapter 22.84 MMC, Permit Processing, on forms prescribed by the city, and shall include the fee established by the current fee resolution. All conditional use permit applications submitted in accordance with this title shall include the information set forth in MMC 22.84.040(D), Project Permit Applications, and in the following section. No application shall be deemed complete, nor accepted by the city, until all information set forth below has been submitted:

1. Completed application form;

2. Names, addresses, and telephone numbers of the owner(s) of record of the land, and of the applicant, and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;

3. Existing zoning district(s) of the subject site;

4. Existing zoning district(s) within three hundred feet of the site;

5. Existing and proposed use(s) of the project site;

6. A site plan drawing at a scale of not less than one inch for each fifty feet, which shall include:

a. Locations of all existing and proposed buildings and structures;

b. The boundaries of the subject site;

c. All setback lines;

d. All critical areas and their associated buffers;

e. Existing lot area;

f. All existing and proposed easements;

g. The locations and size of all existing and proposed utility structures and lines;

h. The storm water drainage systems for existing and proposed structures; and

i. Sizes and locations of driveways, streets, and roads.

7. Other information and materials as may be required by the city to review the application. (Ord. 005/2019 § 10 (Exh. B))

22.64.040 Review process.

1. Permit Type. Applications for a conditional use permit shall follow the procedures for a Type III permit review, pursuant to MMC 22.84.030, Types of project permits.

2. Public Notice. Conditional use permits shall be subject to all applicable noticing requirements in MMC 22.84.050, Public notice requirements.

3. Public Hearing. Pursuant to Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, a public hearing is required for all conditional use permit applications.

4. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, or deny a conditional use permit.

5. Decision Criteria. A conditional use permit shall not be granted by the decision authority unless the applicant demonstrates that the proposal meets all of the following criteria:

a. The use is consistent with the Monroe unified development regulations and the comprehensive plan;

b. The use is designed, constructed, operated, and maintained in a manner that is compatible with the existing or intended character, appearance, quality of development, and physical characteristics of the subject property and the general vicinity;

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

d. The type of use, hours of operation, and appropriateness of the use in relation to adjacent uses will not create unusual hazards or result in adverse impacts;

e. The use shall be served by adequate public facilities and services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts of such facilities; and

f. In addition to compliance with the criteria set out here, an applicant for a conditional use permit shall comply with all requirements of this title.

6. Conditions of Approval. In approving a conditional use permit, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title.

7. Appeals. The action of the decision-making body in granting or denying an application for a conditional use permit is a final decision appealable to the Snohomish County superior court in accordance with MMC 22.84.080(D) and Chapter 36.70C RCW.

8. Recording. The recipient of a conditional use permit shall file a land use permit binder on a form prescribed by the city. The conditional use permit shall not be effective until such binder has been filed with the Snohomish County auditor. If no appeal was filed on the conditional use permit decision, the binder shall be filed within thirty days of the expiration of all applicable appeal periods. The binder shall serve both as an acknowledgment of, and agreement to abide by, the terms and conditions of the conditional use permit, and as a notice to prospective purchasers of the existence of the conditional use permit.

B. Expiration. The length of time during which a conditional use permit is valid shall be determined by Table 22.84.060(E): Project Permit Approval Expiration. A conditional use permit shall not be approved for a period of time greater than that which is specified in Table 22.84.060(E), exclusive of any extensions allowed. The date that the permit expires shall be specified in the conditions of approval. Once a conditional use permit has been approved and issued by the city, the approved conditional use may continue as long as all conditions of permit issuance are met.

C. Extensions. The zoning administrator may grant an extension of the period of conditional use permit authorization when requested by the applicant at least sixty days prior to the expiration of the conditional use permit. Extension requests are subject to the requirements of MMC 22.84.060(F), Extensions. Only one extension may be granted for the conditional use permit for a period not to exceed the extension period specified in Table 22.84.060(E): Project Permit Approval Expiration. Such an extension shall only be granted by the decision authority upon issuance of findings that the criteria for extensions in MMC 22.84.060(F), Extensions, have been met.

D. Modifications. Requested modifications to a conditional use permit shall be reviewed pursuant to the requirements of MMC 22.84.060(G), Substantial Revisions or Modifications to Proposal. (Ord. 005/2019 § 10 (Exh. B))

22.64.050 Enforcement.

A permit determined to be in violation of this title, and/or any other applicable permit provisions, permit conditions, rules, or regulations may be revoked, suspended, or modified by the city subject to MMC 22.10.090, Violation and enforcement. (Ord. 005/2019 § 10 (Exh. B))